how to use 2007 common council minutes archive...2. it was moved by alderman sinclair, seconded by...

HOW TO USE2007 COMMON COUNCIL MINUTES ARCHIVE

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COMMON COUNCILOFFICIAL PROCEEDINGS

January 3, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk

KENOSHA MUNICIPALBUILDING COUNCIL

CHAMBERS ROOM 200January 3, 2007

At a meeting of the Common Council held this evening, Acting Mayor Ronald Frederick presided. The meeting was called to order at 7:03 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Robinson, Marks, Ruef, Frederick, Casey, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Excused: Aldermen Spair and Butler. Alderman Pacetti was seated as Council President. The invocation was given by Alderman Marks. Acting Mayor Frederick then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Downing, to approve the minutes of the meetings held December 4, and December 18, 2006. Motion carried unanimously. One (1) citizen spoke during Citizen's Comments: Louis Rugani.

TO THE PUBLIC WORKS COMMITTEE1. Resolution to approve a four-lot Certified Survey Map at 1725 12th Street, Aldermanic District #1. (Mascaretti)

TO CITY PLAN COMMISSION2. Petition to rezone property at 4209 24th Street from A-2 Agricultural Land Holding to RS-1 Single-family Residential, Aldermanic District #5. (City Plan Commission/Cole)3. Petition to rezone property at 5915 60th Street from RD Two-Family Residential to RS-1 Single-Family Residential in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #16. (City of Kenosha)4. Petition to rezone property at 1725 12th Street from A-2 Agricultural Land Holding to RS-1 Single-Family Residential in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #1. (Mascaretti)

COMMUNICATIONS, PETITIONS, REPORTS

OF DEPARTMENTS5. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve:a. 3 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. There were no application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS6. It was moved by Alderman Robinson, seconded by Alderman Pacetti to DENY the application of Birch Road Market, LLC, Hussam Othman, Agent, for a Class “A” Retail Beer license located at 1671 Birch Road, (Birch Food Market) based on public safety and welfare. A hearing was held. The applicant was present and spoke. On a voice vote, motion carried. It was moved by Alderman Pacetti, seconded by Alderman Ruffolo to refer the following back to the

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Licensing/Permit Committee:7. Application of Little Lunchboxes, LLC, Marlene Fredrick, Agent, for a Class “B” Beer/“Class B” Liquor Combination license located at 5917-39th Avenue, (My Sisters Cafe). (11th District) 8. Renewal applications for the following licenses located at 624 - 56th Street (Dale, Ltd.):a. Secondhand Article Dealer, Kang & Kathleen Yoob. Secondhand Jewelry Dealer, Kang & Kathleen Yooc. Pawnbroker, Kang Yoo9. Renewal application of Nowshad P. Irani for a Secondhand Jewelry Dealer License. On a voice vote, motion carried.

ORDINANCES 2ND READING10. It was moved by Alderman Haugaard, seconded by Alderman Ruef, to refer the proposed ordinance by Committee on Licensing/Permits – To Reletter Sections 10.07 C., 10.07 D. And 10.07 E., as Section 10.07 E., 10.07 F. and 10.07 G.; to Reletter Section 10.07 B., as Section 10.07 C.; to Create Sections 10.07 B. And C., Regarding Cabaret Licensing Application, Review and Recommendation back to the Licensing/Permit Committee. On a voice vote, motion carried.

RESOLUTIONS11. It was moved by Alderman Marks, seconded by Alderman Ruffolo to remove the proposed resolution by the Mayor – To Create Ward 61, for Voting Purposes, and Combine the Polling Places for ward 9, 48, 60 and 61 – Moose Lodge (3003-30th Avenue) from the agenda. On a voice vote, motion carried.12. It was moved by Alderman Marks, seconded by Alderman Ruffolo to adopt Resolution 1-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO. 1-07BY: THE MAYOR

TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NO. 80-4-222-234-0410, ALSO KNOWN AS 4209 – 24TH STREET, IN

THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS COOPERATIVE PLAN UNDER SECTION

66.0307 OF THE WISCONSIN STATUTES [Cole – Property Owners] WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel No. 80-4-234-0410, 4209 - 24th Street, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on December 23, 2006, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel No. 80-4-222-234-0410, 4209 - 24th Street, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel No. 80-4-222-234-0410, 4209 - 24th Street,

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Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 3rd day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Alderman Marks, seconded by Alderman Ruffolo, to approve:13. Disbursement Record #23 – $5,065,933.04. 14. Request from Kenosha County Historical Society for an Extension to Their 2005 CDBG Subgrantee Agreement. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Pacetti, seconded by Alderman Robinson, to adjourn at 7:27 p.m. On a voice vote, motion carried.

Approved:JOHN M. ANTARAMIAN

MAYOR

Attest:DEBRA L. SALAS

DEPUTY CITY CLERK

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CHAMBERS ROOM 200January 17, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:05 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Holland, Sinclair, Spair, Robinson, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Pacetti, and Polzin, Jr. Excused: Aldermen Moldenhauer, Ruffolo and Downing. The invocation was given by Alderman Frederick. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. Motion carried unanimously. Eight (8) citizens spoke during Citizen's Comments: Kathleen Yoo, Ken Yoo, Ken Zigner, Steve Hawkins, Greg Brill, Mark Leslie, John Ekornaas, Louis Rugani.


OF DEPARTMENTS1. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve:a. 17 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 11 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS2. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve the following applications for Operator's (Bartender) licenses, subject to:-25 demerit points:a. Robert G. Naveb. Kimberly A. May-50 demerit points:c. Armando Cortesd. David K. Wilbik-75 demerit points:e. Joseph J. Blockf. Amanda J. Coy-90 demerit points:g. Carrie L. HagopianA hearing was held. The applicants did not appear. On a voice vote, motion carried.3. It was moved by Alderman Robinson, seconded by Alderman Polzin, to DENY the following applications for Operator's (Bartender) licenses, based on:-material police record and false application:a. Aaron M. Hauser-material police record:b. Michael R. SebenaA hearing was held. The applicants did not appear. On a voice vote, motion carried.4. It was moved by Alderman Robinson, seconded by Alderman Frederick, to DENY application of Little Lunchboxes, LLC, Marlene Fredrick, Agent, for a Class “B” Beer/”Class B” Liquor Combination license located at 5917 - 39th Avenue (My Sisters Cafe) based on economic impact. A hearing was held. The applicant was present and spoke.4.1 It was then moved by Alderman Frederick, seconded by Alderman Sinclair to refer the application back to the Licensing/Permit Committee. On a voice vote, motion carried.5. It was moved by Alderman Robinson, seconded by Alderman Ruef, to approve renewal application of Nowshad P. Irani for a Secondhand Jewelry Dealer License located at 2400 - 52nd Street (no adverse recommendations). On a voice vote, motion carried.6. It was moved by Alderman Robinson, seconded by Alderman Ruef, to approve Findings of Fact, Conclusions of Law and Recommendation (To suspend 45 days and assess 90 demerit points upon reinstatement) in the matter of the Class “B” Beer/”Class B” Liquor Combination license located at 2615 - 60th Street, ALK, Inc., Scott Mitchell, Agent.6.1 It was then moved by Alderman Robinson, seconded by Alderman Polzin to divide the issues. One being the Findings of Fact,

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Conclusions of Law, and the other being the Recommendation. Alderman Pacetti asked for a point of order , stating that a hearing on each issue should be held. The Mayor agreed. On a voice vote, motion carried. Attorney Mulligan was brought forward as special Counsel for the Common Council.A hearing was held on the Findings of Fact and Conclusions of Law. Attorney Loren Keating, representing ALK, Inc. spoke regarding the motions and objections on behalf of ALK, Inc., presented this evening. Alderman Mulligan then spoke on the Findings of Fact and Conclusions of Law and the motions and objections presented by ALK, Inc. 6.1 It was moved by Alderman Pacetti, seconded by Alderman Holland to deny the motion by Counsel for ALK, Inc. to remove Alderman Frederick from further involvement in these proceedings. On roll call vote, motion carried unanimously (14-0). Attorney Keating continued to speak on the second motion presented on behalf of ALK, Inc., to remove Jonathan Mulligan as Hearing Magistrate, Counsel to the Licensing/Permit Committee; Counsel to the Common Council. City Attorney Pat Sheehan responded and provided background and legal history on this motion. (At this time, Alderman Marks left the meeting and returned after the roll call vote 6.2)6.2 It was moved by Alderman Robinson, seconded by Alderman Ruef to deny the motion to remove Jonathan Mulligan as special counsel. On roll call vote, motion carried (13-0). Attorney Keating continued to speak on the objections to the Findings of Fact, and Conclusions of Law. Attorney Mulligan responded. City Attorney Sheehan and Assistant City Attorney Matt Knight spoke. The aldermen discussed. On roll call vote, motion to approve the Findings of Fact and Conclusions of Law carried (13-1) with Alderman Casey voting nay.6.3 It was moved by Alderman Robinson, seconded by Alderman Ruef to approve the recommendation to suspend for 45 days and assess 90 demerit points upon reinstatement. A hearing was held on the recommendation from the Licensing/Permit Committee. Attorney Keating spoke.6.4 It was moved by Alderman Pacetti, seconded by Alderman Polzin to amend the recommendation to approve a 15 day suspension with 75 demerit points assessed upon reinstatement. On roll call vote, motion failed (6-8) with Aldermen Sinclair, Butler, Casey, Pitts, Pacetti and Polzin voting aye.6.5 It was moved by Alderman Spair, seconded by Alderman Pitts to amend the recommendation to no suspension and an assessment of 90 demerit points.On roll call vote, motion failed (1-13) with Alderman Spair voting aye. At this time, approximately 10:17 p.m. a recess was taken. The Common Council reconvened at 10:26 p.m.6.6 It was moved by Alderman Robinson, seconded by Alderman Pacetti to amend to suspend for 15 days and reinstate with 90 demerit points. On roll call vote, motion carried (11-3) with Aldermen Holland, Marks and Ruef voting nay.On roll call vote, motion to approve recommendation to suspend the Class “B” Beer/”Class B” Liquor license of ALK, Inc. for 15 days and assess 90 demerit points upon reinstatement carried (10-3) with Aldermen Marks, Ruef and Misner voting nay. (Alderman Casey left the meeting prior to this vote) At this time the Mayor left the meeting. Alderman Frederick chaired the meeting until his return prior to the vote on item #7.7. It was moved by Alderman Robinson, seconded by Alderman Haugaard, to DENY renewal applications for the following licenses located at 624 - 56th Street (Dale Ltd.) based on public safety & welfare:a. Secondhand Article Dealer, Kang & Kathleen Yoob. Secondhand Jewelry Dealer, Kang & Kathleen Yooc. Pawnbroker, Kang Yoo A hearing was held. Kathleen Yoo was present and spoke. On a voice vote,motion failed.7.1 It was moved by Alderman Polzin, seconded by Alderman Ruef to approve.7.1 It was then moved by Alderman Misner, seconded by Alderman Holland, to amend to approve, but withhold issuance for 10 days. On a voice vote, motion failed. On a voice vote, motion to approve carried.8. It was moved by Alderman Marks, seconded by Alderman Sinclair, to approve 3 applications for Commercial Kennel, Non-Commercial Kennel, Humane Society and Pet Shop licenses with no adverse recommendations per list on file in the office of the City Clerk. On a voice vote, motion carried.

ORDINANCES 1ST READING It was moved by Alderman Marks, seconded by Alderman Sinclair, to send the following ordinances on their way:9.By Alderman Donald K. Holland - To Create Section 7.131 of the Code of General Ordinances Entitled “Commercial Visual Clearance”.10. By Committee on Licenses/Permits – To repeal and recreate Sections 13.12 J.1. And 13.12 J.7., to Increase Towing Rates. 11. By the Mayor – Attachment and Temporary Zoning District Classification Ordinance – 1725 - 12th street, Town of Somers (Parcels 81-4-223-182-0102; 81-4-223-182-0131; and 81-4-223-182-0150) (Mascaretti; City of Kenosha)

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On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Marks, seconded by Alderman Sinclair, to send the following ordinances on their way:12. By the Mayor - to Repeal and Recreate Section 2.06D. Of the Zoning Ordinance; and to Amend the Definition of “Visual Clearance” in Section 12.0B of the Zoning Ordinance.13. By the Mayor - To Rezone Property Located at 4209 – 24th Street from A-2 Agricultural Land Holding to RS-1 Single-Family Residential [City Plan Commission/Cole]14. By the Mayor - To Rezone Property Located at 1725 – 12th Street from A-2 Agricultural Land Holding to RS-1 Single-Family Residential [Mascaretti] 15. By the Mayor - To Rezone Property Located at 5915 – 60th Street from RD Two-Family Residential to RS-1 Single-Family Residential [City of Kenosha] On a voice vote, motion carried.

RESOLUTIONS16. It was moved by Alderman Ruef, seconded by Alderman Haugaard to adopt Resolutions 2-07 through 7-07 (16 a. Through f.) On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

a. RESOLUTION NO. 2-07BY: FINANCE COMMITTEE

To Specially Assess Certain Parcels of Property for Boarding and Securing BE IT RESOLVED, that special assessments for boarding and securing during 2006, in the total amount of $4,071.60, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

b. RESOLUTION NO. 3-07BY: FINANCE COMMITTEE

To Specially Assess Certain Parcels of Property for Grass and Weed Cutting BE IT RESOLVED, that special assessments for weed/grass cutting during 2006, in the total amount of $5,378.50, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

c. RESOLUTION NO. 4-07BY: FINANCE COMMITTEE

To Specially Assess the Property at 4306 Sixth Avenue for Locksmith Services in Relation to Service of an Inspection Warrant (Miscellaneous Assessment)

BE IT RESOLVED, that a special assessment for locksmith services in relation to service of an inspection warrant in the total amount of $142.00 be levied against the property at 4306 Sixth Avenue (parcel number 11-223-30-481-011). Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

d. RESOLUTION NO. 5-07BY: FINANCE COMMITTEE

To Specially Assess the Property at 4718 10th Avenue for Razing/Pre-Razing of Structure BE IT RESOLVED, that a special assessment for razing/pre-razing of structures during 2006, in the total amount of $196.07, be levied against the property at 4718 10th Avenue (parcel number 12-223-31-133-007).Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

e. RESOLUTION NO. 6-07BY: FINANCE COMMITTEE

To Specially Assess Certain Parcels of Property for Trash and Debris Removal

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BE IT RESOLVED, that special assessments for trash and debris removal during 2006, in the total amount of $610.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

f. RESOLUTION NO. 7-07BY: FINANCE COMMITTEE

To Specially Assess Certain Parcels of Property for Reinspection Fees BE IT RESOLVED, that special assessments for reinspection fees during 2006, in the total amount of $670.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

It was moved by Alderman Marks, seconded by Alderman Sinclair to adopt Resolutions 8-07 through 11-07 (items 17 through 20). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:'17. RESOLUTION NO: 8 - 07

BY: THE PUBLIC WORKS COMMITTEETO APPROVE A TWO-LOT CERTIFIED SURVEY MAP

Property located at 1440 20th Avenue (Zahn) BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map relating to two (2) parcels located at 1440 20th Avenue is herein and hereby approved subject to the following conditions:1. Compliance with all applicable State and City codes and ordinances.2. Payment of all applicable fees, including recording fees and park impact fees.3. Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided.4. The Certified Survey Map shall contain the appropriate City signature lines.5. Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.6. The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council.7. The note on the Certified Survey Map shall be revised to read that no development shall occur on Parcel 1 and 2 until such time as a detailed Drainage Plan is submitted for review and approval by the City Engineer. Adopted this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

18. Resolution No. 9-07By: the Mayor

RESOLUTION AUTHORIZING THE ISSUANCE AND SALEOF $4,500,449.20 TAXABLE GENERAL OBLIGATION PROMISSORY NOTES,

SERIES 2007A WHEREAS the City of Kenosha, Kenosha County, Wisconsin (sometimes hereinafter called the "City") is presently in need of the sum of Four Million Five Hundred Thousand Four Hundred Forty-Nine and 20/100 Dollars ($4,500,449.20) for public purposes, including paying the cost of a rehabilitation loan program included in the amended project plans for Tax Incremental Districts No. 4 and No. 7 and the downtown loan program included in the amended project plan for Tax Incremental District No. 4; and WHEREAS the Common Council deems it necessary and in the best interest of the City that the monies needed for such purposes be borrowed by issuing general obligation promissory notes pursuant to the provisions of Section 67.12(12), Wis. Stats., upon the terms and conditions hereinafter provided; and WHEREAS, due to certain provisions contained in the Internal Revenue Code of 1986, as amended, the notes are to be issued on a taxable rather than a tax-exempt basis; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Kenosha County, Wisconsin, that: Section 1. Sale of Notes. The City shall sell and deliver its $4,500,449.20 Taxable General Obligation Promissory Notes, Series 2007A (the "Notes"), issued for the purposes above stated, to Piper Jaffray & Co. Inc. (the "Purchaser") for the purchase price set forth in the Note Purchase Agreement attached hereto as Exhibit A (on file in the office of the City Clerk) and incorporated herein by this reference (the "Proposal"). The Proposal is hereby approved, and the appropriate City officials are hereby authorized and directed to execute the same.Section 2. The Notes. The Mayor and City Clerk shall make, execute and deliver the Notes to the Purchaser, for and on behalf of the City. The Notes

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shall be negotiable, general obligation promissory notes of the City, registered as to both principal and interest. The Notes shall be issued as capital appreciation notes, and shall be issuable in denominations not exceeding the principal amount of the maturity covered thereby, such that the accreted value thereof at the stated maturity date shall be Five Thousand Dollars ($5,000) or a whole multiple thereof. The Notes shall be numbered from R-1 upward and dated February 1, 2007.The Notes will be issued in the original principal amount set forth in the Proposal and on Exhibit B (on file in the office of the City Clerk) attached hereto and incorporated herein by this reference and will mature on February 1, 2017 in the maturity amount set forth in the Proposal and on Exhibit B (on file in the office of the City Clerk). Interest on the Notes will accrue from their date of issue and compound semi-annually on February 1 and August 1 of each year commencing August 1, 2007 until maturity at the rate per annum which will provide the yield to maturity set forth on Exhibit B (on file in the office of the City Clerk). The Notes shall not be subject to optional redemption. Section 3. Form of Notes. The Notes shall be in substantially the form attached hereto as Exhibit C (on file in the office of the City Clerk) and incorporated herein by this reference. Section 4. Tax Provisions.(A) Direct, Annual Irrepealable Tax. For the purpose of paying the principal of and interest on the Notes as the same become due, the full faith, credit and resources of the City are hereby irrevocably pledged and there be and there hereby is levied on all the taxable property in the City a direct, annual, irrepealable tax in the year 2016 for payment of principal of and interest on the Notes in the year 2017 in the amount set forth on Exhibit B (on file in the office of the City Clerk).(B) Tax Collection. The City shall be and continue without power to repeal such levy or obstruct the collection of said tax until all such payments have been made or provided for. After the issuance of the Notes, said tax shall be, from year to year, carried into the tax rolls of the City and collected as other taxes are collected, provided that the amount of tax carried into said tax rolls may be reduced in any year by the amount of any surplus money in the Debt Service Account created in Section 5(A) hereof.(C) Additional Funds. If at any time there shall be on hand insufficient funds from the aforesaid tax levy to meet principal and/or interest payments on said Notes when due, the requisite amounts shall be paid from other funds of the City then available, which sums shall be replaced upon the collection of the taxes herein levied.Section 5. Debt Service Fund and Account.(A) Creation and Deposits. There be and there hereby is established in the treasury of the City, if one has not already been created, a debt service fund, separate and distinct from every other fund, which shall be maintained in accordance with generally accepted accounting principles. Sinking funds established for obligations previously issued by the City may be considered as separate and distinct accounts within the debt service fund.Within the debt service fund, there be and there hereby is established a separate and distinct account designated as the "Debt Service Account for 'Taxable General Obligation Promissory Notes, Series 2007A,' dated February 1, 2007" (the "Debt Service Account") and such account shall be maintained until the indebtedness evidenced by the Notes is fully paid or otherwise extinguished. The City Treasurer shall deposit in such Debt Service Account (i) all accrued interest received by the City at the time of delivery of and payment for the Notes; (ii) the taxes herein levied for the specific purpose of meeting principal of and interest on the Notes when due; (iii) such other sums as may be necessary at any time to pay principal of and interest on the Notes when due; (iv) any premium which may be received by the City above the par value of the Notes and accrued interest thereon; (v) surplus monies in the Borrowed Money Fund as specified in Section 6 hereof; and (vi) such further deposits as may be required by Sec. 67.11, Wis. Stats.(B) Use and Investment. No money shall be withdrawn from the Debt Service Account and appropriated for any purpose other than the payment of principal of and interest on the Notes until all such principal and interest has been paid in full and canceled; provided (i) the funds to provide for each payment of principal of and interest on the Notes prior to the scheduled receipt of taxes from the next succeeding tax collection may be invested in direct obligations of the United States of America maturing in time to make such payments when they are due or in other investments permitted by law; and (ii) any funds over and above the amount of such principal and interest payments on the Notes may be used to reduce the next succeeding tax levy, or may, at the option of the City, be invested by purchasing the Notes as permitted by and subject to Section 67.11(2)(a), Wis. Stats., in interest-bearing obligations of the United States of America, in other obligations of the City or in other investments permitted by law, which investments shall continue to be a part of the Debt Service Account.(C) Remaining Monies. When all of the Notes have been paid in full and canceled, and all permitted investments disposed of, any money remaining in the Debt Service Account shall be deposited in the general fund of the City, unless the Common Council directs otherwise.Section 6. Proceeds of the Notes. All monies received by the City upon the delivery of the Notes to the Purchaser thereof, except for accrued interest and premium, if any, shall be deposited by the City Treasurer into a special fund (the "Borrowed Money Fund") which shall be maintained separate and distinct from all other funds of the City and shall be used for no purpose other than the purposes for which the Notes are issued. Monies in the Borrowed Money Fund may be temporarily invested as provided in Section 66.0603(1m), Wis. Stats. Any monies, including any income from permitted investments, remaining in the Borrowed Money Fund after the purposes for which the Notes have been issued have been accomplished, and, at any time, any monies as are not needed and which obviously thereafter cannot be needed for such purposes shall be deposited in the Debt Service Account.Section 7. Persons Treated as Owners; Transfer of Notes. The City Clerk shall keep books for the registration and for the transfer of the Notes. The person in whose name any Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of either principal or interest on any Note shall be made only to the registered owner thereof. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid.Any Note may be transferred by the registered owner thereof by surrender of the Note at the office of the City Clerk, duly endorsed for the transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing. Upon such transfer, the Mayor and City Clerk shall execute and deliver in the name of the transferee or transferees a new Note or Notes of a like aggregate principal amount, series and maturity, and the City Clerk shall record the name of each transferee in the registration book. No registration shall be made to bearer. The City Clerk shall cancel any Note surrendered for transfer.The City shall cooperate in any such transfer, and the Mayor and City Clerk are authorized to execute any new Note or Notes necessary to effect any

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such transfer.Section 8. Undertaking to Provide Continuing Disclosure. The City covenants and agrees, for the benefit of the holders of the Notes, to enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. The Undertaking shall be enforceable by the holders of the Notes or by the original purchaser(s) of the Notes on behalf of such holders (provided that the rights of the holders and the purchaser(s) to enforce the Undertaking shall be limited to a right to obtain specific performance of the obligations thereunder and any failure by the City to comply with the provisions of the Undertaking shall not be an event of default with respect to the Notes).The City Clerk, or other officer of the City charged with the responsibility for issuing the Notes, shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the City's Undertaking.Section 9. Records. The City Clerk shall provide and keep a separate record book and shall record a full and correct statement of every step or proceeding had or taken in the course of authorizing and issuing these Notes.Section 10. Bond Insurance. If the Purchaser of the Notes determines to obtain municipal bond insurance with respect to the Notes, the officers of the City are authorized to take all actions necessary to obtain such municipal bond insurance. The Mayor and City Clerk are authorized to agree to such additional provisions as the bond insurer may reasonably request and which are acceptable to the Mayor and City Clerk including provisions regarding restrictions on investment of Note proceeds, the payment procedure under the municipal bond insurance policy, the rights of the bond insurer in the event of default and payment of the Notes by the bond insurer and notices to be given to the bond insurer. In addition, appropriate reference to the municipal bond insurance policy shall be made in the form of Note provided herein.Section 11. Closing. The Mayor and City Clerk of the City are hereby authorized and directed to execute and deliver the Notes to the Purchaser thereof upon receipt of the borrowed funds, accrued interest to date of delivery and premium, if any. The Mayor and City Clerk may execute the Notes by manual or facsimile signature, but at least one of said officers shall sign the Notes manually.The officers of the City are hereby directed and authorized to take all steps necessary or convenient to close this issue as soon as practicable hereafter, in accordance with the terms of sale thereof; and said officers are hereby authorized and directed to execute and deliver such documents, certificates and acknowledgments as may be necessary or convenient in accordance therewith.Adopted, this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

19. Resolution No. 10-07By: The Mayor

RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $4,080,000 General Obligation Refunding Bonds, Series 2007 WHEREAS the City of Kenosha, Kenosha County, Wisconsin (sometimes hereinafter called the "City") is presently in need of the sum of Four Million Eighty Thousand Dollars ($4,080,000) for the public purpose of refunding obligations of the City, including interest on them; andWHEREAS the Common Council of the City deems it necessary and in the best interest of the City that said sum be borrowed pursuant to the provisions of Section 67.04, Wis. Stats., upon the terms and conditions hereinafter provided;NOW, THEREFORE, BE IT RESOLVED that the City borrow an amount not to exceed $4,080,000 by issuing its general obligation bonds for the public purpose of refunding obligations of the City, including interest on them;BE IT FURTHER RESOLVED that:Section 1. Sale of Bonds. The City shall sell and deliver its $4,080,000 General Obligation Refunding Bonds, Series 2007 (the "Bonds"), issued for the purpose above stated, to Piper Jaffray & Co. Inc. (the "Purchaser") for the purchase price set forth in the Bond Purchase Agreement attached hereto as Exhibit A (on file in the office of the City Clerk) and incorporated herein by this reference (the "Proposal"). The Proposal is hereby approved, and the appropriate City officials are hereby authorized and directed to execute the same.Section 2. The Bonds. The Mayor and City Clerk shall make, execute and deliver the Bonds to the Purchaser, for and on behalf of the City. The Bonds shall be negotiable, general obligation bonds of the City, registered as to both principal and interest, in the denomination of Five Thousand Dollars ($5,000) each or whole multiples thereof, numbered from R-1 upward and dated February 1, 2007. The Bonds shall bear interest at the rates per annum set forth in the Proposal and shall mature on February 1 of each year, in the years and principal amounts set forth in the Proposal and the debt service schedule attached hereto as Exhibit B (on file in the office of the City Clerk) and incorporated herein by this reference (the "Schedule").Interest on the Bonds shall be payable on February 1 and August 1 of each year, commencing February 1, 2008.At the option of the City, the Bonds maturing on February 1, 2017 shall be subject to redemption prior to maturity, on February 1, 2016 or on any date thereafter. Said Bonds shall be redeemable as a whole or in part, and if in part, by lot, at the principal amount thereof, plus accrued interest to the date of redemption.Section 3. Form of Bonds. The Bonds shall be in substantially the form attached hereto as Exhibit C (on file in the office of the City Clerk) and incorporated herein by this reference.Section 4. Tax Provisions.(A) Direct Annual Irrepealable Tax. For the purpose of paying the principal of and interest on the Bonds as the same become due, the full faith, credit and resources of the City are hereby irrevocably pledged and there be and there hereby is levied on all the taxable property in the City a direct, annual, irrepealable tax in the years 2007 through 2016 for payment of principal of and interest on the Bonds in the years 2008 through 2017 in the amounts set forth in the Schedule.(B) Tax Collection. The City shall be and continue without power to repeal such levy or obstruct the collection of said tax until all such payments have been made or provided for. After the issuance of the Bonds, said tax shall be, from year to year, carried into the tax rolls of the City and collected as other taxes are collected, provided that the amount of tax carried into said tax rolls may be reduced in any year by the amount of any surplus money in the Debt Service Account created in Section 5(A) hereof.(C) Additional Funds. If in any year there shall be insufficient funds from the tax levy to pay the principal of or interest on the Bonds when due, the

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said principal or interest shall be paid from other funds of the City on hand, said amounts to be returned when said taxes have been collected.Section 5. Debt Service Fund and Account.(A) Creation and Deposits. There be and there hereby is established in the treasury of the City, if one has not already been created, a debt service fund separate and distinct from every other fund, which shall be maintained in accordance with generally accepted accounting principles. Sinking funds established for obligations previously issued by the City may be considered as separate and distinct accounts within the debt service fund.Within the debt service fund, there be and there hereby is established a separate and distinct account designated as the "Debt Service Account for 'General Obligation Refunding Bonds, Series 2007,' dated February 1, 2007" (the "Debt Service Account") and said Account shall be maintained until the indebtedness evidenced by the Bonds is fully paid or otherwise extinguished. The City Treasurer shall deposit in such Debt Service Account (i) all accrued interest received by the City at the time of delivery of and payment for the Bonds; (ii) the taxes herein levied for the specific purpose of meeting principal of and interest on the Bonds when due; (iii) such other sums as may be necessary at any time to pay principal of and interest on the Bonds when due; (iv) any premium which may be received by the City over and above the par value of the Bonds and accrued interest thereon; (v) surplus monies in the Borrowed Money Fund as specified in Section 6 hereof; and (vi) such further deposits as may be required by Sec. 67.11, Wis. Stats.(B) Use and Investment. No money shall be withdrawn from the Debt Service Account and appropriated for any purpose other than the payment of principal of and interest on the Bonds until all such principal and interest has been paid in full and canceled; provided (i) the funds to provide for each payment of principal of and interest on the Bonds prior to the scheduled receipt of taxes from the next succeeding tax collection may be invested in direct obligations of the United States of America maturing in time to make such payments when they are due or in other investments permitted by law; and (ii) any funds over and above the amount of such principal and interest payments on the Bonds may be used to reduce the next succeeding tax levy, or may, at the option of the City, be invested by purchasing the Bonds as permitted by and subject to Section 67.11(2)(a), Wis. Stats., in interest-bearing obligations of the United States of America, in other obligations of the City or in other investments permitted by law, which investments shall continue to be a part of the Debt Service Account.(C) Remaining Monies. When all of the Bonds have been paid in full and canceled, and all permitted investments disposed of, any money remaining in the Debt Service Account shall be deposited in the general fund of the City, unless the Common Council directs otherwise.Section 6. Borrowed Money Fund. All monies received by the City upon the delivery of the Bonds to the Purchaser thereof except for accrued interest and premium, if any, shall be deposited by the City Treasurer into a Borrowed Money Fund and such fund shall be maintained separate and distinct from all other funds of the City and shall be used for no purpose other than the purpose for which the Bonds are issued. Monies in the Borrowed Money Fund may be temporarily invested as provided in Section 66.0603(1m), Wis. Stats. Any monies, including any income from permitted investments, remaining in the Borrowed Money Fund after the purpose for which the Bonds have been issued has been accomplished, and, at any time, any monies as are not needed and which obviously thereafter cannot be needed for such purpose shall be deposited in the Debt Service Account.Section 7. No Arbitrage. All investments permitted by this resolution shall be legal investments, but no such investment shall be made in such a manner as would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code") or the Regulations of the Commissioner of Internal Revenue thereunder (the "Regulations"); and an officer of the City, charged with the responsibility for issuing the Bonds, shall certify as to facts, estimates, circumstances and reasonable expectations in existence on the date of closing which will permit the conclusion that the Bonds are not "arbitrage bonds," within the meaning of said Code or Regulations.Section 8. Persons Treated as Owners; Transfer of Bonds. The City Clerk shall keep books for the registration and for the transfer of the Bonds. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of either principal or interest on any Bond shall be made only to the registered owner thereof. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.Any Bond may be transferred by the registered owner thereof by surrender of the Bond at the office of the City Clerk, duly endorsed for the transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing. Upon such transfer, the Mayor and City Clerk shall execute and deliver in the name of the transferee or transferees a new Bond or Bonds of a like aggregate principal amount, series and maturity, and the City Clerk shall record the name of each transferee in the registration book. No registration shall be made to bearer. The City Clerk shall cancel any Bond surrendered for transfer.The City shall cooperate in any such transfer, and the Mayor and City Clerk are authorized to execute any new Bond or Bonds necessary to effect any such transfer.The fifteenth day of each calendar month next preceding each interest payment date shall be the record dates for the Bonds. Payment of interest on the Bonds on any interest payment date shall be made to the registered owners of the Bonds as they appear on the registration book of the City at the close of business on the corresponding record date.Section 9. Compliance with Federal Tax Laws. (a) The City represents and covenants that the projects financed by the Bonds and the Refunded Obligations defined in Section 11 and their ownership, management and use will not cause the Bonds or the Refunded Obligations to be "private activity bonds" within the meaning of Section 141 of the Code. The City further covenants that it shall comply with the provisions of the Code to the extent necessary to maintain the tax-exempt status of the interest on the Bonds including, if applicable, the rebate requirements of Section 148(f) of the Code. The City further covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Bonds) if taking, permitting or omitting to take such action would cause any of the Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code or would otherwise cause interest on the Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City Clerk or other officer of the City charged with the responsibility of issuing the Bonds shall provide an appropriate certificate of the City certifying that the City can and covenanting that it will comply with the provisions of the Code and Regulations.(b) The City also covenants to use its best efforts to meet the requirements and restrictions of any different or additional federal legislation which may be made applicable to the Bonds provided that in meeting such requirements the City will do so only to the extent consistent with the proceedings authorizing the Bonds and the laws of Wisconsin, and to the extent that there is a reasonable period of time in which to comply.Section 10. Utilization of The Depository Trust Company Book-Entry-Only System. In order to make the Bonds eligible for the services provided by The Depository Trust Company, New York, New York, the City agrees to the applicable provisions set forth in the Blanket Issuer Letter of

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Representations previously executed on behalf of the City and on file in the City Clerk's office.Section 11. Payment of Refunded Obligations. The City has outstanding its General Obligation Promissory Notes, Series 2002, dated May 15, 2002 (the "2002 Notes") and its General Obligation Promissory Notes, Series 2004, dated March 11, 2004 (the "2004 Notes"). The Bonds are being issued to refund $3,630,000 principal amount of the 2002 Notes maturing on April 1, 2007 and $450,000 principal amount of the 2004 Notes maturing on March 1, 2007 (collectively, the "Refunded Obligations") at the price of par plus accrued interest to the respective maturity dates.Section 12. Undertaking to Provide Continuing Disclosure. The City covenants and agrees, for the benefit of the holders of the Bonds, to enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. The Undertaking shall be enforceable by the holders of the Bonds or by the original purchaser(s) of the Bonds on behalf of such holders (provided that the rights of the holders and the purchaser(s) to enforce the Undertaking shall be limited to a right to obtain specific performance of the obligations thereunder and any failure by the City to comply with the provisions of the Undertaking shall not be an event of default with respect to the Bonds).The City Clerk, or other officer of the City charged with the responsibility for issuing the Bonds, shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the City's Undertaking.Section 13. Records. The City Clerk shall provide and keep a separate record book and shall record a full and correct statement of every step or proceeding had or taken in the course of authorizing and issuing these Bonds.Section 14. Initial Resolution. The first resolution paragraph of this Resolution shall constitute the initial resolution required under Sec. 67.05(1) Wis. Stats.Section 15. Bond Insurance. If the Purchaser of the Bonds determines to obtain municipal bond insurance with respect to the Bonds, the officers of the City are authorized to take all actions necessary to obtain such municipal bond insurance. The Mayor and City Clerk are authorized to agree to such additional provisions as the bond insurer may reasonably request and which are acceptable to the Mayor and City Clerk including provisions regarding restrictions on investment of Bond proceeds, the payment procedure under the municipal bond insurance policy, the rights of the bond insurer in the event of default and payment of the Bonds by the bond insurer and notices to be given to the bond insurer. In addition, appropriate reference to the municipal bond insurance policy shall be made in the form of Bond provided herein.Section 16. Closing. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the Bonds to the Purchaser thereof upon receipt of the purchase price. The Mayor and City Clerk may execute the Bonds by manual or facsimile signature, but at least one of said officers shall sign the Bonds manually.The officers of the City hereby are directed and authorized to take all necessary steps to close the bond issue as soon as practicable hereafter, in accordance with the terms of sale thereof, and said officers are hereby authorized and directed to execute and deliver such documents, certificates and acknowledgments as may be necessary or convenient in accordance therewith.Adopted, this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

20. RESOLUTION NO. 11-07BY: THE MAYOR

TO CREATE WARD 61, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 10, 41, 43, 46, 47 and 61 – BROOKSIDE NURSING HOME, 3506 WASHINGTON ROAD

WHEREAS, Attachment Ordinance No. 57-06 attached parcel #80-4-222-234-0410, 4209 - 24th Street, located in the Town of Somers into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the attached parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land attached under Attachment Ordinance No. 57-06 be placed in City of Kenosha Voting Ward 61, District 5, and that the polling place for wards 10, 41, 43, 46, 47 and 61 be combined to Brookside Nursing Home, 3506 Washington Road, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes. Adopted this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

21. It was moved by Alderman Polzin, seconded by Alderman Pitts to adopt the proposed resolution by Alderman Kenneth O. Polzin, Jr. - To Direct the City Clerk to Place an Advisory Referendum Question on the April 3, 2007 General Election Ballot Pertaining to the City Manager Plan of Government for the City of Kenosha, Wisconsin. On roll call vote, motion failed (1-12) with Alderman Polzin voting aye.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS22. It was moved by Alderman Holland, seconded by Alderman Marks, to approve: Approve Final Acceptance of Projects:a. #06-1406 Alford Park Parking Lot (1800 Alford Drive) and Project #06-1412 Washington Park Parking Lot (1821 Washington Road) completed by Cicchini Asphalt Paving, in the amount of $78,963.70.b. #06-1017 Paving Public Alley (Between 71st and 73rd Streets from 33rd to 34th Avenues) completed by JB Concrete Construction, LLC in the amount of $31,775.78.

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On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Holland, seconded by Alderman Marks, to approve:23. Janitorial Services Agreement for the Period of January 1, 2007 through December 31, 2009 with Pioneer Commercial Cleaning (A Sole Proprietorship and the City of Kenosha, a Municipal Corporation) On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Alderman Holland, seconded by Alderman Marks, to:24. DENY request to rescind $100.00 from a $160.00 reinspection special assessment levied against the property located at 4120 - 28th Avenue.25. Approve Disbursement Record #24 – 19,579,851.86. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Sinclair, seconded by Alderman Alderman Robinson, to adjourn at 11:25 p.m. On a voice vote, motion carried.

Approved:

JOHN M. ANTARAMIAN MAYOR


DEPUTY CITY CLERK

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February 5, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200February 5, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:03 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Spair, Robinson, Marks, Ruef, Butler, Frederick, Misner, Pitts, Downing and Polzin, Jr. Excused: Alderman Casey and Pacetti. The invocation was given by Alderman Moldenhauer. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve the minutes of the meetings held January 3rd and 17th, 2007. Motion carried unanimously. Three (3) Citizens spoke during Citizen's Comments: Stan Rosenstiel, Erica Albright and Louis Rugani.

TO THE PUBLIC SAFETY AND WELFARE COMMITTEE1. Revisions to Chapter IX Building Code, Code of General Ordinances.2. Neighborhood Inspection Program 2007 Operating Plan.

TO THE CITY PLAN COMMISSION3. Resolution to amend the Official Map for the City of Kenosha, Wisconsin, to include the Attachment of Parcel #81-4-223-182-0102, #81-4-223-182-0131 and #81-4-223-182-0150, also known as 1725 12th Street, in the Town of Somers, Kenosha County Wisconsin, in accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes. (Mascaretti/City of Kenosha)


OF DEPARTMENTS4. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve:a. 20 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. 2 application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.5. It was moved by Alderman Sinclair, seconded by Alderman Ruef to receive and file Communication Regarding Advisory Recommendation to License Applicants from Licensing/Permit Committee. On a voice vote, motion carried.6. It was moved by Alderman Polzin, seconded by Alderman Ruffolo to approve Public Art and Plaza Site Plan Review for a Statue and Plaza to be Constructed Adjacent to Ring Road, East of First Avenue. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS7. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to aprove the following applications for new Operator's (Bartender) licenses,subject to:-25 demerit points:a. Crystal Perezb. Dimitrios Panagiotaras-50 demerit points:c. William B. McGruder-75 demerit points:d. Jacqueline M. Garciae. Caitlin KuglerA hearing was held. The applicants did not appear. On a voice vote, motion carried.8. It was moved by Alderman Ruef, seconded by Alderman Downing, to DENY application of Nicholas Schafer for a new Operator's (Bartender) license, based on material police record. A hearing was held. The applicant did not appear. On a voice vote, motion carried.9. It was moved by Alderman Frederick, seconded by Alderman Robinson, to send the Operator's (Bartender) application of Erica L. Albright back to the Licensing/Permit Committee and to DENY the Operator's (Bartender) applications b. Through d., based on material police record & false application:a. Erica L. Albright

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b. Nicholas M. LaRosac. Tanya K. Smithd. Steven P. PierangeliA hearing was held. Applicant a was present and spoke. On a voice vote, motion carried.10. It was moved by Alderman Downing, seconded by Alderman Butler, to approve application of GDP of Kenosha, Inc., Themis Panagiotaras, Agent, for a Class “B” Beer/ “Class B” Liquor Combination License located at 4706-75th Street, (Bootleggers), with acceptance of a conditional surrender of a similar license at the same location from A. J. Mantgillman's, Inc., subject to 25 demerit points and holds. A hearing was held. The applicant did not appear. On roll call vote, motion failed (2-13) with Alderman Downing and Frederick voting yes, therefore application is not approved.11. It was moved by Alderman Ruef, seconded by Alderman Ruffolo, to approve application of Little Lunchboxes, LLC, Marlene Fredrick, agent, for a Class “B” Beer/“Class B” Liquor Combination license located at 5917-39th Avenue, (My Sisters Cafe). A hearing was held. Jim Maerzke and the applicant, Marlene Frederick spoke. On a voice vote, motion carried.12. It was moved by Alderman Ruef, seconded by Alderman Robinson, to approve application of Karen M. Grode for a new Secondhand Article Dealer license located at 2208 Roosevelt Road (Something Old Something New) with no adverse recommendations. On a voice vote, motion carried.13. It was moved by Alderman Pitts, seconded by Alderman Sinclair, to approve 3 applications for renewal of Commercial Kennel Licenses per list on file in theOffice of the City Clerk. On a voice vote, motion carried.

ORDINANCES 1ST READING It was moved by Alderman Pitts, seconded by Alderman Sinclair to send the following ordinances on their way after being read:14. By Committee on Public Safety & Welfare – To Amend Section 7.125 Entitled “Streets Controlled by Yield Signs”, to Rescind the North/South Yield Signs on 25th Avenue at its Intersection with 48th Street; and to Amend Section 7.12 C. By Adding North/South Stop Signs on 25th Avenue Before Entering the Intersection with 48th Street.15. By Committee on Public Safety & Welfare - To Amend Section 7.125 Entitled “Streets Controlled by Yield Signs”, to Include an East/West Yield Sign on 61st Street Before Entering the Intersection with 111th Avenue; and, to Include an East/West Yield Sign on 62nd Street Before Entering the Intersection with 111th Avenue. 16. By Committee on Public Safety & Welfare – To Amend Section 7.12 C., by Adding a North/South Stop Sign on 106th Avenue Before Entering the Intersection with 63rd Street.17. By Committee on Public Safety & Welfare – To Amend Section 7.125, Entitled “Streets Controlled by Yield Signs” to Include an East/West Yield Sign on 65th Street Before Entering the Intersection with 99th Avenue. 18. By Committee on Public Safety and Welfare - To Amend Section 7.125 Entitled "Streets Controlled by Yield Signs", to Include an Eastbound Yield Sign on 59th Street Before Entering the Intersection with 14th Avenue. On a voice vote, motion carried.

ORDINANCES 2ND READING19. It was moved by Alderman Holland, seconded by Alderman Haugaard, to adopt Ordinance 1-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 1-07BY:ALDERMAN DONALD K. HOLLAND

TO CREATE SECTION 7.131 OF THE CODE OF GENERAL ORDINANCES, ENTITLED “COMMERCIAL VISUAL CLEARANCE″The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Section 7.131 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is hereby created as follows:7.131 COMMERCIAL VISUAL CLEARANCEA. Definitions. 1. Commercial Visual Clearance Area″ shall mean a thirty (30') foot triangular area on a lot at the intersection of two (2) streets, or a‶ street and an alley, driveway, at the intersection of a driveway/alley and sidewalk, other point of vehicular access or railroad, two sides of which are lot lines measured from the corner intersection of the property lines to a minimum distance of thirty (30') feet from their intersection.2. Visual Clearance Areas″ shall mean an open, unoccupied triangular space at the intersection of an existing or proposed street right-of-‶way line with another existing or proposed street right-of-way line, alley right-of-way line or a line formed by an edge of driveway; the space defined by a line joining points on such lines, the length of which is established in §2.06 of the Zoning Ordinance.B. Regulation. Commercial trucks, buses, recreational motor vehicles, and construction-related machinery, equipment or trailers situated on commercial property shall not encroach within Commercial Visual Clearance Areas.Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:

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JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 5, 2007PUBLISHED: FEBRUARY 9, 2007

20. It was moved by Alderman Polzin, seconded by Alderman Haugaard, to adopt the proposed ordinance: BY: COMMITTEE ON LICENSES/PERMITS - TO REPEAL AND RECREATE SECTIONS 13.12 J.1. AND 13.12 J.7. OF THE CODE OF GENERAL ORDINANCES FOR THE CITY OF KENOSHA, WISCONSIN, TO INCREASE TOWING RATES. 20.1 It was then moved by Alderman Pitts, seconded by Alderman Robinson to refer the ordinance back to the Licensing/Permit committee. On a voice vote, motion carried.21. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Ordinance 2-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ATTACHMENT AND TEMPORARY ZONING DISTRICT CLASSIFICATION ORDINANCEUnder Section 66.0307, Wisconsin Statutes,

City of Kenosha/Town of SomersState Approved Cooperative PlanParcel Nos. 81-4-223-182-0102;

81-4-223-182-0131; and,81-4-223-182-0150,1725 - 12th Street,Town of Somers

[Mascaretti; City of Kenosha - Property Owners]ORDINANCE NO. 2-07

BY: THE MAYORAttaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of one (1), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided.Section Two: Effect of Attachment. From and after February 10, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha.Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes.Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 62nd Ward of the 1st District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat.Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application.Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and February 10, 2007, as provided by law.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 5, 2007PUBLISHED: FEBRUARY 9, 2007

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NOTE: MAPS AND EXHIBITS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICE.

ZONING ORDINANCES 2ND READING It was moved by Alderman Polzin, seconded by Alderman Robinson, to adopt Ordinance 3-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ZONING ORDINANCE NO. 3-07BY: THE MAYOR

TO REPEAL AND RECREATE SECTION 2.06 D. OF THE ZONING ORDINANCE, REGARDING VISUAL CLEARANCE IN PARKING FACILITIES; AND, TO AMEND SECTION 12.0 B. OF THE ZONING

ORDINANCE TO AMEND THE DEFINITION OF THE TERM VISUAL CLEARANCE″‶

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Section 2.06 D. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows:22.D. Parked Vehicles. The visual clearance regulations of Section 2.06 B. of this Ordinance shall apply to parking facilities, as defined by this Ordinance. Such parking facilities shall be constructed and maintained in accordance with Section 6.01 of this Ordinance and Sections 5.08 and 7.131 of the Code of General Ordinances.Section Two: Section 12.0 B. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby

amended by amending the definition of Visual Clearance″ as follows:‶Visual Clearance. An open, unoccupied triangular space at the intersection of an existing or proposed street right-of-way line with another existing or proposed street right-of-way line, alley right-of-way line or a line formed by an edge of driveway; the space defined by a line joining points on such lines, the length of which is established in §2.06 of this Ordinance and Section 7.131 of the Code of General Ordinances regarding Commercial Visual Clearance.Section Three: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 5, 2007PUBLISHED: FEBRUARY 9, 2007

23. It was moved by Alderman Marks, seconded by Alderman Robinson, to adopt Ordinance 4-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

REZONING ORDINANCE NO. 4-07BY: THE MAYOR

Zoning: TO REZONE PROPERTY LOCATED AT 4209 – 24TH STREET FROM A-2 AGRICULTURAL LAND HOLDING TO RS-1 SINGLE-FAMILY RESIDENTIAL [City Plan Commission/Cole]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z01-07 be, and the same hereby is, zoned and districted as indicated on said map.Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.NOTE: MAPS AND EXHIBITS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICE.

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APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 5, 2007PUBLISHED: FEBRUARY 9, 2007

24. It was moved by Alderman Ruef, seconded by Alderman Haugaard, to adopt Ordinance 5-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 1725 – 12TH STREET FROM A-2 AGRICULTURAL LAND HOLDING TO RS-1 SINGLE-FAMILY RESIDENTIAL [Mascaretti]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z03-07 be, and the same hereby is, zoned and districted as indicated on said map.Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 5, 2007PUBLISHED: FEBRUARY 9, 2007


25. It was moved by Alderman Marks, seconded by Alderman Ruef, to adopt Ordinance 6-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


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Zoning: TO REZONE PROPERTY LOCATED AT 5915 – 60TH STREET FROM RD TWO-FAMILY RESIDENTIAL TO RS-1 SINGLE-FAMILY RESIDENTIAL [City of Kenosha]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: That the land shown on the attached Supplement Map No. Z02-07 be, and the same hereby is, zoned and districted as indicated on said map.Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 5, 2007PUBLISHED: FEBRUARY 9, 2007


RESOLUTIONS It was moved by Alderman Ruef, seconded by Alderman Spair, to adopt Resolution 12-07 and 13-07 (items 26 and 27). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

26. RESOLUTION NO. 12-07BY: COMMITTEE ON PUBLIC WORKS

PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY ASSESSMENTS FOR RESURFACING PHASE IPROJECT #07-1012

WHEREAS, it is expedient, necessary and in the best interest of the City of Kenosha, and for benefit of the property affected thereby that improvements in street right-of-ways: sidewalk and/or driveway approaches.71st Street (23rd Avenue to 22nd Avenue) & 70th Street (18th Avenue to 14th Avenue)NOW, THEREFORE, BE IT RESOLVED, By the Common Council of Kenosha, Wisconsin:1. The Common Council hereby declares its intention to exercise its police power under Section 66.60, Wisconsin Statutes, to levy special assessments on all property fronting upon both sides of the street within the above limits for benefits conferred upon property by improvement of the streets enumerated above.2. Said public improvement shall include the improvements in street right-of-ways: permanent pavement, and/or curb and gutter, and/or grading and graveling and/or sidewalk, and/or driveway approaches.3. The Common Council determines that the improvements constitute an exercise of the police power and the amount assessed against each parcel shall be based on a per front foot or per square foot rate.4. The assessments against any parcel may be paid in a lump sum or in three (3) annual installments, at the election of the property owner.5. The Board of Public Works is directed to prepare a report consisting of:a. Preliminary plans and specifications for said improvements.b. An estimate of entire cost of the proposed improvements and in street right-of-way.c. Schedule of proposed assessments.6. Upon receiving the report of the Board of Public Works (Public Works Committee), the Clerk is directed to give notice of public hearings on such report, as specified in Section 66.60(7) of the Wisconsin Statutes. The hearings shall be held at the Municipal Office Building at a time set by the Clerk, in accordance with Section 66.60(7), Wisconsin Statutes.Adopted this 5th day of February, 2007, A.D. Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYOR

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ATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

27. RESOLUTION NO. 13-07BY: COMMITTEE ON PUBLIC

SAFETY AND WELFARETO DESIGNATE AS "30 MINUTE PARKING, 5 P.M. TO 9 P.M., DAILY" THE FIRST SPACE SOUTH OF THE MID-BLOCK ALLEY ON THE WEST

SIDE OF 7TH AVENUE LOCATED AT 5612 – 7TH AVENUE BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the first space South of the mid-block alley on the West side of 7th Avenue, located at 5612 - 7th Avenue, be and hereby is designated as "30 MINUTE PARKING, 5 P.M. TO 9 P.M., DAILY". Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

28. It was moved by Alderman Polzin, seconded by Alderman Haugaard to approve Resolution 14-07. 28.1 It was then moved by Alderman Haugaard, seconded by Alderman Downing to amend the frontage of the lots from 80 feet to 84 feet. On a voice vote, motion carried. On roll call vote, motion to approve carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO: 14 - 07BY: THE MAYOR

TO APPROVE A FOUR-LOT CERTIFIED SURVEY MAPProperty located at 1725 12th Street (Mascaretti)

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map relating to four (4) parcels located at 1725 12th Street is herein and hereby approved subject to the following conditions:1. Compliance with all applicable State and City codes and ordinances.2. Payment of all applicable fees, including recording fees and park impact fees.3. Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided.4. The Drainage Plan for Lot IV shall be revised to show a finished grade for the southeast corner of the home that indicates increased foundation exposure so as to avoid excessive slopes.5. Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.6. The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council.7. The applicant shall post a cash escrow of $1,800 for installation of parkway trees prior to recording the Certified Survey Map.8. The Certified Survey Map note shall be revised to read that Lots I - IV shall be connected to public sanitary sewer and water off of 18th Avenue.9. Certified Survey Map approval is contingent upon the owners property being attached to the City and the property being rezoned to RS-1 Single Family Residential.Adopted this 5th day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

29. It was moved by Alderman Pitts, seconded by Alderman Haugaard, to approve Resolution 15-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION #15-07By: Mayor

RESOLUTION TO MODIFY THE CITY OF KENOSHA 2007 COMPENSATION PLAN FOR LIMITED TERM, SEASONAL AND PART TIME EMPLOYEES TO PROVIDE A WAGE RATE ADJUSTMENT FOR SCHOOL SAFETY EDUCATOR

WHEREAS, the Kenosha Police Department has increased the duties and responsibilities of the part time position of School Safety Educator;andWHEREAS, the Personnel Department has reviewed a request from the Kenosha Police Department and has determined the position of School Safety Educator wage rate should be increased for 2007 (on file in the Office of the City Clerk).NOW THEREFORE, BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the 2007 COMPENSATION PLAN FOR LIMITED TERM, SEASONAL AND PART TIME EMPLOYEES be adjusted to provide a wage rate adjustment for the position of School Safety Educator.Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:

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DEBRA L. SALAS, DEPUTY CITY CLERK

It was moved by Alderman Pitts, seconded by Alderman Haugaard, to approve Resolutions 16-07 and 17-07 (items 30 and 31). On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

30. RESOLUTION #16-07BY: THE MAYOR

RESOLUTION TO APPROVE 2007-2009 LABOR AGREEMENT BETWEEN THE CITY OF KENOSHA AND THE CROSSING GUARD ASSOCIATION

WHEREAS, a voluntary tentative settlement agreement has been reached between the City of Kenosha and the Crossing Guard Association; and,WHEREAS, the Association has notified the City that the membership has ratified this tentative settlement agreement; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the existing agreement with the Crossing Guard Association be amended in accordance with the changes outlined in Appendix A (on file in the Office of the City Clerk).Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

31. RESOLUTION #17-07By: Mayor

RESOLUTION TO CHANGE THE TABLE OF ORGANIZATION IN THE DEPARTMENT OF NEIGHBORHOOD SERVICES AND INSPECTIONS

WHEREAS, the Neighborhood Services and Inspections Department has analyzed the duties and responsibilities of the Engineering Technician position added to the 2007 Operating Budget and determined a more appropriate classification to be that of a Soil Erosion Inspector; andWHEREAS, the Department of Neighborhood Services and Inspections Department requests the title of Engineering Technician be modified accordingly and reflected in the Table of Organization; andWHEREAS, the salary of the Soil Erosion Inspector reflect the salary range of $3245 - $4056 monthly; andNOW THEREFORE, BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the Table of Organization reflect the modification of the position of Engineering Technician to Soil Erosion Inspector and the subsequent salary range be introduced into the Building Inspector Association labor agreement. Passed this 17th day of January, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS It was moved by Alderman Pitts, seconded by Alderman Haugaard, to approve32. Award of Contract for Project #06-1420 Kenosha Baseball Complex Sports Lighting (3800 42nd Street) to Page Electric, (Berlin, Wisconsin) in the amount of $258,000.00. On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS33. It was moved by Alderman Pitts, seconded by Alderman Haugaard, to approve Three-Party Design Engineering Services Contract between City of Kenosha (Municipality), State of Wisconsin Department of Transportation (Department), and Kapur & Associates, Inc. (Consultant) for Project I.D. 3230-07-00 (75th Street - 38th Avenue to 7th Avenue). On roll call vote, motion carried unanimously.34. It was moved by Alderman Ruffolo, seconded by Alderman Robinson to approve Amendment to the Professional Services Agreement between the City of Kenosha and Earth Tech, Inc. for Storm Water Program Analysis (Utility). On roll call vote, motion carried (14-1) with Alderman Polzin voting nay.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Marks, seconded by Ruef, to:35. Receive and file KABA 4th Quarter Loan Reports.36. Approve Disbursement Record #1 – 22,343,344.12. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Marks, seconded by Alderman Ruffolo, to adjourn at 7:55 p.m.

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MAYOR


DEPUTY CITY CLERK

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CHAMBERS ROOM 200February 21, 2007

At a meeting of the Common Council held this evening, Acting Mayor Ronald Frederick presided. The meeting was called to order at 7:03 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Sinclair, Spair, Robinson, Ruef, Butler, Frederick, Misner, Pitts, and Polzin, Jr. Aldermen Ruffolo, Marks, Casey, Pacetti and Downing were previously excused. Alderman Robinson was seated as Council President. Alderman Frederick advised he would be voting as an Alderman this evening. The invocation was given by Alderman Haugaard. Acting Mayor Frederick then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Polzin, to approve the minutes of the meeting held February 5, 2007. Motion carried unanimously. At this time Acting Mayor Frederick presented a proclamation regarding Engineers Week to Mike Lemens. Members of the Mayor's Youth Commission and Acting Mayor Frederick presented Mayor's Youth Commission awards to three outstanding youth. After presentation, a brief recess was taken and the Council reconvened at approximately 7:14 p.m. One (1) Citizen spoke during Citizen's Comments: Mona McDermott.

TO THE CITY PLAN COMMISSION1. Petition to rezone property south of 52nd Street and east of 88th Avenue from A-2 Agricultural Land Holding to M-2 Heavy Manufacturing in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #16. (Wilson Realty of Wisconsin)2. To Amend,Create, Renumber and to Repeal and Recreate various sections of the Zoning Ordinance for the City of Kenosha, Wisconsin, regarding “Unified Business Centers” and “Large Scale Commercial Development”.


OF DEPARTMENTS3. It was moved by Alderman Sinclair, seconded by Alderman Haugaard, to approve:a. 12 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS4. It was moved by Alderman Butler, seconded by Alderman Sinclair, to approve the Following Applications for new Operator's (Bartender) licenses, Subject to:-25 demerit points:a. Debra S. Olbrys-50 demerit points:b. Glen A. Evenson-75 demerit points:c. Rhianna L. Karls d. Erica Albright A hearing was held. The applicants did not appear. On a voice vote, motion carried.5. It was moved by Alderman Haugaard, seconded by Alderman Robinson, to DENY the Following Applications for new Operator's (Bartender) licenses, based on material police record & false application: a. Carly M. Boveeb. Michelle L. Castile A hearing was held. The applicants did not appear. On a voice vote, motion carried.6. It was moved by Alderman Haugaard, seconded by Alderman Robinson, to approve Application of Randy L. Bates for a Taxi Driver's license, subject to 80 Demerit Points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.7. It was moved by Alderman Ruef, seconded by Alderman Robinson, to DENY Application of Danah 22nd Avenue Inc., Stanley Ginkowski, agent, for a Class “A” Retail Beer License located at 2207-60th Street, (22nd Shell), Based on Density. A hearing was held. The agent, Stanley Ginkowski was present and spoke. On a voice vote, motion carried.8. It was moved by Alderman Haugaard, seconded by Alderman Robinson, to approve Application of Danah Washington Road B.P. Gas, Inc., Stanley Ginkowski, Agent, for a Class “A” Retail Beer License located at 3806-30th Avenue, (Washington Rd., B. P.).

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A hearing was held. The applicant did not appear. On Roll call vote, motion carried (8-4) with Aldermen Holland, Ruef, Misner and Polzin voting nay.9. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve Application of Carolyn's Coffee Connection, LLC, Carolyn Berg, Agent, for a “Class C” Wine License located at 5706-6th Avenue, (Carolyn's Coffee Connection). A hearing was held. The applicant did not appear. On a voice vote, motion carried.10. The Application of The Coffee Pot LLC, Janis Barnhill, Agent, for a Class “B” Beer “Class B” Liquor License located at 4914-7th Avenue, (The Coffee Pot), Based on Lack of Economic Impact. This application was withdrawn prior to this meeting.11. It was moved by Alderman Ruef, seconded by Alderman Holland, to DENY Application of JC3 LLC, Joshua M. Connolly, Agent, for a Class “B” Beer and “Class B” Liquor License located at 1916-63rd Street Based on Public Safety & Welfare, Density and Neighborhood Plan. A hearing was held. The applicant did not appear. On a voice vote, motion carried.12. It was moved by Alderman Robinson, seconded by Alderman Pitts, to approve Settlement Stipulation (To Suspend for Fifteen (15) Consecutive Days and Assess Seventy-Five (75) Demerit Points Upon Reinstatement) in the Matter of the Class “B” Beer/”Class B” Liquor Combination License of CLS, Inc., (Shenanigan's Pub) Located at 8303 - 22nd Avenue. Attorney Jonathon Mulligan was present. A hearing was held. Attorney Keating was present and spoke. On a voice vote, motion carried.

ORDINANCES 1ST READING It was moved by Alderman Pitts, seconded by Alderman Sinclair, to send the following ordinances on their way:13. By Committee on Public Safety and Welfare - To Amend Section 7.12 C. of the Code of General Ordinances, by Adding a North/South Stop Sign on 8th Avenue Before Entering the Intersection with 40th Street. 14. By Committee on Public Safety and Welfare - To Amend Section 7.12 C. of the Code of General Ordinances, by Adding a East/West Stop Sign on 65th Street Before Entering the Intersection with 57th Avenue. 15. By the Mayor – To Repeal, Recreate and Renumber Various Sections in Chapter 9 Regarding Unpaid Reinspection Fees and Building Code Matters (Repeal and Recreate Section 9.06 D., 9.06 H.1.a., and 9.07 F.3., To Repeal Section 9.07 G., Entitled “Unpaid Reinspection Fees”; to Renumber Sections 9.17 B.4., 5. and 6., as Sections 9.17 b.5., 6. and 7.; to Recreate Section 9.17 b.4., and, to Repeal Section 9.20 G.4., Regarding Building Code Matters.) On a voice vote, motion carried.

ORDINANCES 2ND READING16. It was moved by Alderman Spair, seconded by Alderman Butler, to adopt Ordinance 7-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 7-07BY: COMMITTEE ON PUBLIC

SAFETY AND WELFARETO AMEND SECTION 7.125 OF THE CODE OF GENERAL ORDINANCES ENTITLED: "STREETS CONTROLLED BY YIELD SIGNS", TO

RESCIND THE NORTH/SOUTH YIELD SIGNS ON 25TH AVENUE AT ITS INTERSECTION WITH 48TH STREET; AND, TO AMEND SECTION 7.12 C. OF THE CODE OF GENERAL ORDINANCES BY ADDING NORTH/SOUTH STOP SIGNS ON 25TH AVENUE BEFORE ENTERING THE

INTERSECTION WITH 48TH STREETThe Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Section 7.125 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by deleting

therefrom "25th Avenue" in Column A and "48th Street" in Column B.Section Two: Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the

following thereto:All vehicles traveling North/South on 25th Avenue shall stop before entering the intersection with 48th Street.

Section Three: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 21, 2007PUBLISHED: MARCH 2, 200717. It was moved by Alderman Ruef, seconded by Alderman Sinclair, to adopt Ordinance 8-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 8-07BY: COMMITTEE ON PUBLIC SAFETY AND WELFARE

TO AMEND SECTION 7.125 OF THE CODE OF GENERAL ORDINANCES ENTITLED: "STREETS CONTROLLED BY YIELD SIGNS" TO INCLUDE AN EAST/WEST YIELD SIGN ON 61ST STREET BEFORE ENTERING THE INTERSECTION WITH 111TH AVENUE; AND, TO

INCLUDE AN EAST/WEST YIELD SIGN ON 62nd STREET BEFORE ENTERING THE INTERSECTION WITH 111TH AVENUE

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The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 7.125 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by including therein "61st Street" in Column A and "111th Avenue" in Column B. Section Two: Section 7.125 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by including therein "62nd Street" in Column A and "111th Avenue" in Column B. Section Three: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 21, 2007PUBLISHED: MARCH 2, 200718. It was moved by Alderman Sinclair, seconded by Alderman Butler, to adopt Ordinance 9-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


TO AMEND SECTION 7.12 C. OF THE CODE OF GENERAL ORDINANCES, BY ADDING A NORTH/SOUTH STOP SIGN ON 106TH AVENUE BEFORE ENTERING THE INTERSECTION WITH 63RD STREET

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the following thereto: All vehicles traveling North/South on 106th Avenue shall stop before entering the intersection with 63rd Street. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 21, 2007PUBLISHED: MARCH 2, 200719. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Ordinance 10-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:



INCLUE AN EAST/WEST YIELD SIGN ON 65TH STREET BEFORE ENTERING THE INTERSECTION WITH 99TH AVENUE The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 7.125 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by including therein "65th Street" in Column A and "99th Avenue" in Column B. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 21, 2007PUBLISHED: MARCH 2, 200720. It was moved by Alderman Sinclair, seconded by Alderman Butler, to adopt Ordinance 11-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:



INCLUDE AN EASTBOUND YIELD SIGN ON 59TH STREET BEFORE ENTERING THE INTERSECTION WITH 14TH AVENUE The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 7.125 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by including therein "59th Street" in Column A and "14th Avenue" in Column B. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: FEBRUARY 21, 2007

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PUBLISHED: MARCH 2, 2007

RESOLUTIONS21. It was moved by Alderman Ruef, seconded by Alderman Butler, to adopt Resolutions 18-07 through 20-07 (21a. Through c.) On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:


TO LEVY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY BASED UPON FINAL CONSTRUCTION COSTS RESPECTING IMPROVEMENTS IN STREET RIGHT-OF-WAY (paving, grading, and graveling)

BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that special assessments are levied against benefited property based upon final construction costs respecting improvements in street-of-way consisting of construction of paving, grading and graveling for Project #06-1017 (East/West alley between 71st and 73rd Streets from 33rd Avenue to 34th Avenue) in the total amount of 29,340.00, as shown by a report of the City Engineer filed in the office of the City Clerk of the City of Kenosha in accordance with the Final Resolution No. 72-06 authorizing such improvements in the street right-of-way. Adopted this 21st day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO LEVY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY BASED UPON FINAL CONSTRUCTION COSTS RESPECTING IMPROVEMENTS IN STREET RIGHT-OF-WAY(paving, grading, graveling and sidewalks and/or driveway approaches)

BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that special assessments are levied against benefited property based upon final construction costs respecting improvements in street-of-way consisting of construction of paving, grading and graveling, sidewalks and/or driveway approaches for Project #06-1011 (65th Street - 54th Avenue to 57th Avenue) in the total amount of $168,894.59, as shown by a report of the City Engineer filed in the office of the City Clerk of the City of Kenosha in accordance with the Final Resolution No. 54-06 authorizing such improvements in the street right-of-way. Adopted this 21st day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

c. RESOLUTION NO. 20-07BY: COMMITTEE ON FINANCE

TO LEVY A SPECIAL ASSESSMENT UNDER AUTHORITY OF CHARTER ORDINANCE NO. 26, AS AMENDED, UPON CERTAIN PARCELS OF LAND WITHIN THE CITY OF KENOSHA, WISCONSIN

WHEREAS, trash and debris located on certain parcels of land in the City of Kenosha, Wisconsin, has been ordered removed by the Health Department of the County of Kenosha, pursuant to Charter Ordinance No. 26, as amended, of the City of Kenosha, Wisconsin; and, WHEREAS, pursuant to Subsection G., Charter Ordinance No. 26, as amended, the cost of abatement, including the cost of service, mailing and publication, and a Seventy-five ($75.00) Dollar Administrative Fee, is to be specially assessed against the real estate upon which such debris and trash were located; and, WHEREAS, trash and debris has been removed by the City, through private contract, from various parcels of real estate at the costs of abatement and administration noted by a report from the Health Department dated February 9, 2007, for the City of Kenosha, a report on file in the Office of the City Clerk/Treasurer/Assessor and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Charter Ordinance No. 26, as amended, special assessments in the total amount of Two Thousand Eight Hundred Sixty-four Dollars and Forty Cents ($2,864.40) are levied against the respective parcels of property listed in the report of the Health Department on file in the Office of the City Clerk Treasurer/Assessor for the City of Kenosha, Wisconsin, with interest thereon to be charged at seven and one-half (7.5%) percent per annum from the date of passage of this Resolution. Adopted this 21st day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

It was moved by Alderman Ruef, seconded by Alderman Sinclair, to adopt Resolutions 21-07 through 27-07 (items 22 through 28). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

22. RESOLUTION NO. 21-07BY: COMMITTEE ON PUBLIC SAFETY AND WELFARE

TO DESIGNATE AS "NO PARKING, STANDING, STOPPING FROM 7:30 A.M. - 4:30 P.M. ON SCHOOL DAYS" THE WEST SIDE OF THE 20th

AVENUE MEDIAN FROM 76TH STREET SOUTH APPROXIMATELY THREE HUNDRED SEVENTY (370') FEET BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the West side of the 20 th Avenue median from 76th

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Street South approximately three hundred seventy (370') feet, be and hereby is designated as "NO PARKING, STANDING, STOPPING FROM 7:30 A.M. - 4:30 P.M. ON SCHOOL DAYS". Adopted this 21st day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

23. RESOLUTION NO. 22-07BY: BOARD OF WATER COMMISSIONERS

CITY OF KENOSHA WATER UTILITY AUTHORIZING CONSTRUCTIONAND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY FOR

SANITARY SEWER/LATERALS AND WATER MAIN/STUBSWhereas, the Common Council of the City of Kenosha, Wisconsin, received a petition and waiver from all interested persons concerning the proposed improvement of the following streets or portion of streets:To service property at 11614 - 60th Street (Parcel Number 08-222-31-370-041)and vacant lot to the west (Parcel Number 08-222-31-370-040)Aldermanic District 16 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha as follows:1. That the report of the Board of Water Commissioners pertaining to the construction of the above described public improvements including plans and specifications therefore, as modified, is hereby adopted and approved;2. That the Board of Water Commissioners is authorized to advertise for bids or order use of force labor to carry out the work of such improvements in accordance with the report of the Board of Water Commissioners;3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report;4. That benefits and damages shown on the report, as modified, are true and correct and are hereby confirmed;5. That the assessments for all projects included in said report are combined as a single assessment, but any interested property owner shall be entitled to object to each assessment separately or both assessments jointly, for any purpose or purposes;6. That the assessments may be paid in cash or in ten (10) annual installments which will be placed on the tax roll to bear interest at the rate of 7.5% per annum on the unpaid balance; and,7. The City Clerk is directed to publish this resolution in the official newspaper of the City. Adopted this 21st day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NOS. 81-4-223-182-0102, 81-4-223-182-0131 and 81-4-223-182-0150, ALSO KNOWN AS 1725 - 12th STREET, IN THE TOWN OF SOMERS, KENOSHA COUNTY,

WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [Mascaretti/City of Kenosha– Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel Nos. 81-4-223-182-0102, 81-4-223-182-0131 and 81-4-223-182-0150, also known as 1725 - 12th Street, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on February 5, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel Nos. 81-4-223-182-0102, 81-4-223-182-0131 and 81-4-223-182-0150, also known as 1725 - 12th Street, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel Nos. 81-4-223-182-0102, 81-4-223-182-0131 and 81-4-223-182-0150, also known as 1725 - 12th Street, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 21st day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

25. RESOLUTION #24-07

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By: MayorRESOLUTION TO MODIFY THE CITY OF KENOSHA 2007 COMPENSATION PLAN FOR LIMITED TERM, SEASONAL AND PART-TIME

EMPLOYEES TO PROVIDE A WAGE RATE INCREASE FOR PART-TIME BUS DRIVERS WHEREAS, part-time Bus Drivers of the City of Kenosha Department of Transportation (Kenosha Area Transit) have the important responsibility of safely transporting students to and from school each day; and WHEREAS, the majority of Bus Drivers become long-term employees who drive for Kenosha Area Transit for many years until retirement; and WHEREAS, the Transportation Department's approved funding for 2007 provided for a wage rate increase for Bus Drivers. NOW THEREFORE, BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the 2007 COMPENSATION PLAN FOR LIMITED TERM, SEASONAL AND PART TIME EMPLOYEES be modified to provide a 2.5% wage rate increase for the position of part-time Bus Driver, to $11.63 per hour for initial appointment and $12.23 per hour after six months of satisfactory performance, to be effective April 1, 2007.Dated this 21st day of February, 2007. APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


RESOLUTION TO AMEND THE TABLE OF ORGANIZATIONFOR THE KENOSHA FIRE DEPARTMENT

WHEREAS, the primary mission of the Kenosha Fire Department is to provide the highest level of fire and emergency medical services to the citizens of the City of Kenosha at the lowest possible cost; and WHEREAS, in January of 2007, the Fire Department determined that this mission would be better executed by reassigning Station No. 1 personnel to the other six (6) Fire Stations in the Kenosha community; and WHEREAS, this reassignment resulted in a change to the Table of Organization for the Fire Department from seven (7) House Captains and six (6) Line Captains to six (6) House Captains and seven (7) Line Captains; and WHEREAS, this staffing adjustment does not require additional funding from the 2007 operating budget; and NOW THEREFORE, BE IT RESOLVED that the aforementioned change to the Table of Organization for the Fire Department be approved by the Common Council of the City of Kenosha, Wisconsin. Adopted this 21st day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


RESOLUTION TO APPROVE SUCCESSOR 2005-2006 and 2007-09 LABOR AGREEMENTS BETWEEN THE CITY OF KENOSHA AND BUILDING INSPECTORS ASSOCIATION

WHEREAS, a voluntary tentative settlement agreement has been reached between the City of Kenosha and the Building Inspectors Association; and, WHEREAS, the Association has notified the City that its membership has ratified this tentative settlement agreement; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the existing agreement with the Building Inspectors Association be amended in accordance with the changes as attached (on file in the Office of the City Clerk). Adopted this 21st day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO CREATE WARD 62, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 1, 54 and 62 – HOLY NATIVITY EVANGELICAL LUTHERAN CHURCH, 2313-17th AVENUE

WHEREAS, Attachment Ordinance No. 2-07 attached parcels #81-4-223-182-0102; 81-4-223-182-0131; and, 81-4-223-182-0150, 1725 - 12th Street, located in the Town of Somers into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the attached parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land attached under Attachment Ordinance No. 2-07 be placed in City of Kenosha Voting Ward 62, District 1, and that the polling place for wards 1, 54 and 62 be combined to Holy Nativity Evangelical Lutheran Church, 2313 - 17th Avenue, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes. Adopted this 21st day of February, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYOR

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ATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Ruef, seconded by Alderman Sinclair, to approve:29. 2007-09 Centrex Phone Line Service Contract with AT & T (ICB Service Agreement) 30. 2007-09 AT & T Discount Plan for the City of Kenosha (ICB Addendum) 31. Agreement for Medical Direction/Emergency Medical Services Between the City of Kenosha and the Medical College of Wisconsin, Inc., Effective March 1, 2007. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE32. It was moved by Ruef, seconded by Sinclair, to approve Approve Disbursement Record #2 – $29,758,683.42.: On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC SAFETY & WELFARE33. It was moved by Alderman Ruef, seconded by Alderman Sinclair to approve Approve 2007 Neighborhood Inspection Program Operating Plan. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Robinson, seconded by Alderman Sinclair, to adjourn at 8:00 p.m. On a voice vote, motion carried.

Approved:


Attest:

DEBRA L. SALASDEPUTY CITY CLERK

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March 5, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200March 5, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:03 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Spair, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Downing and Polzin, Jr. Aldermen Robinson and Pacetti were previously excused. The invocation was given by Alderman Frederick. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve the minutes of the meeting held February 21, 2007. Motion carried unanimously. Alderman Casey spoke during Citizen's Comments.

TO THE PUBLIC WORKS COMMITTEE1. Approval of a Revocable Occupancy Permit, regarding property located in the right-of-way, for the property at 435 Washington Road, Aldermanic District #1. (Hanrath)

TO THE CITY PLAN COMMISSION2. Conditional Use Permit for a shelter facility to be located at 6202 25th Avenue, Aldermanic District #12. (26th Avenue Properties, LLC)3. Petition to rezone property located at 6316 and 6344 52nd Street from RS-1 Single Family Residential and A-2 Agricultural Land Holding to B-2 Community Business District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #16. (Springbrook, LLC)4. Petition to rezone a portion of the property located south of 40th Street and east of 35th Avenue from M-1 Light Manufacturing to RS-2 Single-Family Residential in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #10. (City Plan Commission/KAT Site)


OF DEPARTMENTS5. It was moved by Alderman Sinclair, seconded by Alderman Pitts, to approve:a. 10 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. 1 application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS6. It was moved by Alderman Sinclair, seconded by Alderman Frederick, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Todd R. Albrecht-50 demerit points:b. Aisha Brissettec. Maria Guadalupe Garcia-85 demerit points:d. Bobby G. Wilson IIIA hearing was held. The applicants did not appear. On a voice vote, motion carried.7. It was moved by Alderman Marks, seconded by Alderman Haugaard, to DENY application of Sherron Leggett for a new Operator's (Bartender) license, based on material police record. A hearing was held. The applicant did not appear. On a voice vote, motion carried.8. It was moved by Alderman Haugaard, seconded by Alderman Butler, to approve application of Jerald E. Olson, for a Taxi Driver's license, subject to 60 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.9. It was moved by Alderman Haugaard, seconded by Alderman Ruef, to approve application of Karen M. Grode for a new Secondhand Jewelry Dealer license located at 2208 Roosevelt Road (Something Old Something New) with no adverse recommendations. A hearing was held. The applicant did not appear. On a voice vote, motion carried.

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ORDINANCES 1ST READING It was moved by Alderman Casey, seconded by Alderman Sinclair to send the following ordinances on their way after being read:10. By Committee on Public Safety and Welfare - To Amend Section 7.12 C., by Adding a East/West Stop Sign on 26th Street Before Entering the intersection with 21st Avenue.11. By Committee on Public Safety and Welfare - To Amend Section 7.125 Entitled "Streets Controlled by Yield Signs", to include an Eastbound Yield Sign on 25th Court before Entering the Intersection with 25th Avenue. On a voice vote, motion carried.

ZONING ORDINANCES 1st READING12. It was moved by Alderman Casey, seconded by Alderman Sinclair to send the proposed Ordinance by the Mayor – To Rezone Property Located South of 52nd Street and East of 88th Avenue From A-2 Agricultural Land Holding to M-2 Heavy Manufacturing (Wilson Realty of Wisconsin) on its way. On a voice vote, motion carried.

ORDINANCES 2ND READING13. It was moved by Alderman Sinclair, seconded by Alderman Ruef, to adopt Ordinance 12-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


SAFETY AND WELFARETO AMEND SECTION 7.12 C. OF THE CODE OF GENERAL ORDINANCES, BY ADDING A NORTH/SOUTH STOP SIGN ON 8TH AVENUE

BEFORE ENTERING THE INTERSECTION WITH 40TH STREET The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the following thereto: All vehicles traveling North/South on 8th Avenue shall stop before entering the intersection with 40th Street. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: March 5, 2007PUBLISHED: March 9, 200714. It was moved by Alderman Sinclair, seconded by Alderman Downing, to adopt Ordinance 13-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


TO AMEND SECTION 7.12 C. OF THE CODE OF GENERAL ORDINANCES, BY ADDING A EAST/WEST STOP SIGN ON 65TH STREET BEFORE ENTERING THE INTERSECTION WITH 57TH AVENUE

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the following thereto: All vehicles traveling East/West on 65th Street shall stop before entering the intersection with 57th Avenue. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

15. It was moved by Alderman Ruef, seconded by Alderman Sinclair, to adopt Ordinance 14-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 14-07BY: THE MAYOR

TO REPEAL AND RECREATE SECTIONS 9.06 D., 9.06 H.1.a., AND 9.07 F.3. OF THE CODE OF GENERAL ORDINANCES; TO REPEAL SECTION 9.07 G. OF THE CODE OF GENERAL ORDINANCES, ENTITLED UNPAID REINSPECTION FEES ; TO RENUMBER SECTIONS 9.17 B.4., 5. AND″‶

6. OF THE CODE OF GENERAL ORDINANCES AS SECTIONS 9.17 B.5., 6. AND 7.; TO RECREATE SECTION 9.17 B.4. OF THE CODE OF GENERAL ORDINANCES; AND, TO REPEAL SECTION 9.20 G.4. OF THE CODE OF GENERAL ORDINANCES REGARDING BUILDING CODE

MATTERSThe Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Section 9.06 D. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows:D. Permit Refund. Applications for Permits under this Chapter which, through the error of the applicant are taken out for the wrong Work or wrong Premises, or for any Work which was not commenced, shall be subject to a refund upon written request to the

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Department, providing that the refund request is received within one (1) year of the original date of issuance, and providing that a processing fee of the lesser of Twenty ($20.00) Dollars or the cost of the Permit shall be first deducted by the Department.Section Two: Section 9.06 H.1.a. of the Code of General Ordinances for the City of Kenosha, Wisconsin is repealed and recreated as follows:a. In residential uses, one (1) story Accessory Buildings used as tool or storage sheds, playhouses and similar uses, having a floor area of one hundred twenty (120) square feet or less, do not require a Permit. Permits are required for any Accessory Building of any size in any other zoning district.Section Three: Section 9.07 F.3. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows:3. After an initial inspection and notice of violation(s) to be corrected, an inspection is requested by the owner, owner’s agent or contractor to approve corrections, and those corrections are incomplete or only a portion of the corrections are made, or corrections have been ignored, and previous arrangements have not been made with the Code Official to accomplish ordered corrections in phases, a Reinspection Fee shall be imposed on the owner, owner’s agent or contractor responsible for the inspection request. Work may not proceed on the installation impacted until such time that said Reinspection Fee has been paid. There shall be no Reinspection Fee for a final inspection to determine compliance, or for a reinspection occurring during a period of an approved time extension granted for good cause and involving a good faith effort on the part of the property owner. A fee of Ninety ($90.00) Dollars may be charged for a second reinspection; a fee of One Hundred Eighty ($180.00) Dollars may be charged for a third reinspection; and, a fee of Three Hundred Sixty ($360.00) Dollars may be charged for each subsequent reinspection. Reinspection Fees which are not paid for by or on behalf of the property owner within thirty (30) days of mailing of an invoice to the Permit holder shall be charged and collected as a special assessment against the real estate upon which the reinspection was made, and shall be a lien upon the real estate until paid in full, with interest accruing on the unpaid balance at the rate of seven (7%) percent per annum. There shall also be an administrative fee in the amount of One Hundred ($100.00) Dollars added to the charge to cover the administrative costs of charging and specially assessing the property. Section Four: Section 9.07 G. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is hereby repealed.Section Five: Sections 9.17 B.4., B.5. and B.6. of the Code of General Ordinances for the City of Kenosha, Wisconsin, are hereby renumbered as Sections 9.17 B.5., B.6. and B.7.Section Six: Section 9.17 B.4. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is hereby created as follows:4. Driveway Approaches, Sidewalks and Slabs. Remaining driveway approaches shall be removed and replaced with curb and gutter; damaged public sidewalks shall be replaced; and driveway aprons, remaining slabs and private sidewalks shall be removed from the site prior to final approval. Permits for replacing curb and gutters, driveway approaches and public sidewalks shall be obtained from the Department of Public Works.Section Seven: Section 9.20 G.4. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows:4. Property shall be supplied by only one (1) riser and service.Section Eight: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

RESOLUTIONS16. It was moved by Alderman Ruef, seconded by Alderman Frederick to adopt Resolutions 28-07 and 29-07 (items 16 a and b). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:


To Specially Assess Certain Parcels of Property for Boarding and Securing BE IT RESOLVED, that special assessments for boarding and securing during 2007, in the total amount of $1,444.24, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 5th day of March, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


To Specially Assess Certain Parcels of Property for Reinspection Fees BE IT RESOLVED, that special assessments for reinspection fees during 2007, in the total amount of $350.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 5th day of March, 2007

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APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

17. It was moved by Alderman Ruef, seconded by Alderman Marks to adopt Resolution 30-07.17.1 It was then moved by Alderman Polzin, seconded by Alderman Sinclair to amend the date in the last paragraph to April 30, 2007 instead of June 30, 2007. On a voice vote, motion failed.17.2 It was moved by Alderman Holland, seconded by Alderman Marks to allow Aldermen Pitts and Spair to abstain from voting on this Resolution. On a voice vote, motion carried.On roll call vote, motion to adopt Resolution 30-07 carried (10-3) with Aldermen Butler, Casey and Polzin voting no, and said resolution was thereupon adopted as follows:


TO EXTEND THE MORATORIUM ESTABLISHED BY ZONING ORDINANCE NO. 13-06 ADOPTED ON MARCH 20, 2006, ON THE ISSUANCE OF CONDITIONAL USE PERMITS, SITE PLAN REVIEWS, LAND DIVISIONS, DEVELOPERS' AGREEMENTS OR BUILDING PERMITS TO ANY

LARGE SCALE COMMERCIAL DEVELOPMENT, AS DEFINED, LOCATED EAST OF THE CENTERLINE OF STH 31 WHEREAS, the Department of City Development staff has been working with other City staff in reviewing existing City Ordinances relating to Large Scale Commercial Development; and, WHEREAS, Zoning Ordinance No. 13-06 established a Moratorium of one (1) year, which would expire on March 20, 2007, to allow for City staff to review and revise City Ordinances; and, WHEREAS, an extension of said Moratorium is necessary to provide ample time for the completion and adoption of specific Zoning Ordinance amendments. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the Moratorium declared with respect to consideration and/or issuance of any Conditional Use Permit, Site Plan Review, Land Division, Developers' Agreement or Building Permit for any Large Scale Commercial Development as defined in the Zoning Ordinance for property located east of the centerline of STH 31 shall be extended to June 30, 2007, or until a revised Large Scale Commercial Development Ordinance is adopted and takes effect, whichever is earlier. Adopted this 5th day of March, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

It was moved by Alderman Casey, seconded by Alderman Haugaard to adopt Resolutions 31-07 through 33-07 (items 18 through 20). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:


TO APPROVE THE KENOSHA COUNTY 2006 COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) REPORT WHEREAS, it is necessary for Kenosha County to prepare and submit an Annual CEDS Report to the United States Department of Commerce, Economic Development Administration (EDA) to ensure the County's ongoing EDA eligibility; and, WHEREAS, the adoption of the Annual CEDS Report will make the local units within the County eligible to access additional State and Federal development funds; and, WHEREAS, the Kenosha Area Business Alliance, Inc. (KABA) has prepared the 2006 Annual CEDS Report; and, WHEREAS, the KABA Planning/CEDS Committee, acting as the County's CEDS Committee, reviewed and approved the document; and, WHEREAS, the Kenosha County Board of Supervisors, on February 27, 2007, reviewed and approved this document; and, WHEREAS, KABA has been directed by the Kenosha County Board of Supervisors to submit the Annual CEDS Report for review and consideration to all local units of government within Kenosha County. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that it hereby approves the 2006 Annual CEDS Report. Adopted this 5th day of March, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

19. RESOLUTION #32-07BY: The Mayor

Resolution to Approve a New Labor Agreement for 2006 - 2007 Between the City of Kenosha and ATU, Local #998WHEREAS, a voluntary tentative settlement agreement has been reached between the City of Kenosha and the Amalgamated Transit Union, Local #998 for 2006-2007 and;WHEREAS, the Union has notified the City that their membership has ratified this tentative settlement agreement;NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the existing Agreement with the Amalgamated Transit Union, Local #998 be amended in accordance with the tentative agreements as attached Appendix A (on file in

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the Office of the City Clerk) effective January 1, 2006.Dated this 5th day of March, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

20. RESOLUTION NO. 33-07BY: Mayor Antaramian

To Authorize Disbursement from the Dairyland Trust Fund tothe Urban League of Racine & Kenosha, Inc. in the Amount of $811.53

WHEREAS, the agreement by and between Dairyland Greyhound Park, Inc. and the City of Kenosha, Wisconsin, allows the use of certain monies placed in trust with the City to be used for the funding of youth facilities, activities and other public purposes at the sole discretion of the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin that the Director of Finance be, and is hereby, authorized to disburse the amount of $811.53 to assist with one-time funding for a WE Energies project at the Kenosha facility of the Urban League. This amount represents 50% of the cost with the remaining 50% requested of Kenosha County. Adopted this 5th day of March,2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

APPOINTMENTS/REAPPOINTMENTS BY THE MAYOR

It was moved by Alderman Casey, seconded by Alderman Haugaard, to approve:21. Appointment of Alan Goldsmith to the Museum Board for a term to expire May 1, 2009.22. Appointment of Rosemary Thompson to the Keep Kenosha Beautiful Commission for a term to expire May 1, 2007. On roll call vote, motion carried unanimously.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS23. It was moved by Alderman Casey, seconded by Alderman Haugaard, to approve Award of Contract for Project #07-1609 Place de Douai – Light Control Station Relocation (56th Street – 150 ft. east of 3rd Avenue) to Electrical Contractors of Wisconsin, in the amount of $15,200.00. On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS24. It was moved by Alderman Casey, seconded by Alderman Haugaard, to approve WisDOT State/Municipal Agreement for Highway Improvement Project (63rd Street (STH 50) - 22nd Avenue to 14th Avenue, Project Design ID: 3230-09-00 Project Construction ID 3230-09-70, 8th District). On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE25. It was moved by Alderman Casey, seconded by Alderman Haugaard, to approve Disbursement Record #3 – $6,562,120.96. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS26. It was moved by Alderman Alderman Casey, seconded by Alderman Haugaard to approve Final Acceptance of Acceptance of Project #05-1017 42nd Street Paving (39th Avenue to 35th Avenue) Completed by Cicchini Asphalt Paving, in the amount of $165,144.38. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Marks, seconded by Alderman Polzin, to adjourn at 7:38 p.m. On a voice vote, motion carried.

Approved:



DEPUTY CITY CLERK

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CHAMBERS ROOM 200March 19, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:29 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Sinclair, Robinson, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Excused: Alderman Ruffolo and Spair The invocation was given by Alderman Moldenhauer. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Robinson, seconded by Alderman Ruef, to approve the minutes of the meeting held March 5, 2007. Motion carried unanimously. Two (2) Citizens spoke during Citizen's Comments: Louis Rugani and Gary Hollister.

TO THE PUBLIC WORKS COMMITTEE1. Resolution approving the Final Plat for Geneva Meadows located south of 60th Street and east of 88th Avenue, Aldermanic District #17. (Also refer to City Plan Commission)2. Developers Agreement between the City, Kenosha Water Utility and Neumann Homes, LLC for a subdivision located south of 60th Street and east of 88th Avenue, Aldermanic District #17. (Geneva Meadows Subdivision) (Also refer to City Plan Commission)

TO THE PUBLIC SAFETY & WELFARE COMMITTEE3. Proposed Ordinance to Repeal and Recreate Section 11.146, to Reflect Change in Section Number of the Wisconsin Statutes Cited Therein.


OF DEPARTMENTS4. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve:a. 26 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. 1 application for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.5. It was moved by Alderman Casey, seconded by Alderman Robinson, to approve Conditional Use Permit for a Shelter Facility. (12th District-26th Avenue Properties, LLC) On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS6. It was moved by Alderman Sinclair,seconded by Alderman Robinson, to approve applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Erica M. Jonesb. James W. Pederson Jr.-50 demerit points:

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c. Mary H. Fugated. Cathy A. Haighte. William D. Phillipsf. Aaron D. Cole-75 demerit points:g. Christine M. Christiansonh. Sarah A. Wheeler-85 demerit points:i. Cody W. Taylor A hearing was held. Applicant i was present and spoke. On a voice vote, motion carried.7. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to DENY application of Suzanne M. Castro for a new Operator's (Bartender) license based on material police record & false application. A hearing was held. The applicant did not appear. On a voice vote, motion carried.8. It was moved by Alderman Ruef, seconded by Alderman Butler, to approve application of Shu Fen Yu for a new Massage Therapist license with no adverse recommendations. A hearing was held. The applicant did not appear. On a voice vote, motion carried.9. It was moved by Alderman Ruef, seconded by Alderman Pitts, to approve application of Albrecht Foods Kenosha LLC, Michelle Harrington, Agent, for a Class “A”” Beer/“Class A” Liquor License located at 7014 Green Bay Rd, (Sentry), with acceptance of a conditional surrender of a similar license at the same location from American Drug Stores, LLC. A hearing was held. The applicant did not appear.9.1 It was then moved by Alderman Downing, seconded by Alderman Robinson to refer back to committee. On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Casey, seconded by Alderman Sinclair, to send the following ordinances on their way:10. By the Mayor – To Amend, Create, Renumber, and Repeal and Recreate Various Sections Regarding “Unified Business Centers” and “Large Scale Commercial Development”. 11. By the Mayor - To Rezone a Portion of the Property Located South of 40th Street and East of 35th Avenue from M-1 Light Manufacturing to RS-2 Single Family Residential [City Plan Commission/KAT Site] 12. By the Mayor - To Rezone Property Located at 6316 – 52nd Street and 6344 – 52nd Street from RS-1 Single Family Residential and A-2 Agricultural Land Holding to B-2 Community Business District [Springbrook, L.L.C.] On a voice vote, motion carried.

ORDINANCES 2ND READING13. It was moved by Alderman Sinclair, seconded by Alderman Butler, to adopt Ordinance 15-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 15-07BY:COMMITTEE ON PUBLIC

SAFETY AND WELFARETO AMEND SECTION 7.12 C. OF THE CODE OF GENERAL ORDINANCES, BY ADDING A

EAST/WEST STOP SIGN ON 26th STREET BEFORE ENTERING THE INTERSECTION WITH 21st AVENUE

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the following thereto:All vehicles traveling East/West on 26th Street shall stop before entering the intersection with 21st Avenue.

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Section Two: This Ordinance shall become effective upon passage and publication./s/DEBRA L. SALAS, DEPUTY CITY CLERKAPPROVED:JOHN M. ANTARAMIAN, MAYORDate: 3-20-07 Passed: 3-19-07Published: 3-23-0714. It was moved by Alderman Ruef, seconded by Alderman Downing, to adopt Ordinance 16-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 16-07BY: COMMITTEE ON PUBLIC SAFETY AND WELFARE TO AMEND SECTION 7.125 OF THE

CODE OF GENERAL ORDINANCES ENTITLED: "STREETS CONTROLLED BY YIELD SIGNS", TO INCLUDE AN EASTBOUND YIELD SIGN ON 25TH COURT BEFORE ENTERING THE

INTERSECTION WITH 25TH AVENUEThe Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Section 7.125 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by including therein "25th Court" in Column A and "25th Avenue" in Column B. Section Two: This Ordinance shall become effective upon passage and publication./s/DEBRA L. SALAS, DEPUTY CITY CLERKAPPROVED:JOHN M. ANTARAMIAN, MAYORDate: 3-20-07 Passed: 3-19-07Published: 3-23-07

ZONING ORDINANCES 2ND READING15. It was moved by Alderman Ruef, seconded by Alderman Sinclair, to adopt Ordinance 17-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED SOUTH OF 52ND STREET AND EAST OF 88TH AVENUE FROM A-2 AGRICULTURAL LAND HOLDING

TO M-2 HEAVY MANUFACTURING [Wilson Realty of Wisconsin]The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: That the land shown on the attached Supplement Map No. Z4-07 be, and the same hereby is, zoned and districted as indicated on said map.Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 22nd day of February, 2007, as required in Section 10.02 A. of the Zoning Ordinance.Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication./s/DEBRA L. SALAS, DEPUTY CITY CLERKAPPROVED:JOHN M. ANTARAMIAN, MAYORDate: 3-20-07 Passed: 3-19-07Published: 3-23-07

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NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICE.

RESOLUTIONS16. It was moved by Alderman Holland, seconded by Alderman Butler to adopt Resolution 34-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO. 34-07BY: COMMITTEE ON PUBLIC WORKS

TO ORDER THE COST OF PUBLIC SIDEWALK AND/OR DRIVEWAY APPROACH CONSTRUCTION AND/OR REPLACEMENT TO BE SPECIALLY ASSESSED TO ABUTTING

PROPERTY WHEREAS, on the 19th day of March, 2007, the Common Council of the City of Kenosha, Wisconsin, held a properly noticed Public Hearing and heard all persons wishing to be heard regarding public sidewalk and/or driveway approach construction, and/or replacement, at the cost of owners of parcels of property listed in a report

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on file in the Office of the Department of Public Works for the City of Kenosha, Wisconsin, which abut the following Streets:71st Street - 23rd Avenue to 22nd Avenue 70th Street - 18th Avenue to 14th Avenue NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 5.05 of the Code of General Ordinances, and Section 66.60(16), Wisconsin Statutes:1. The owner of each parcel described on file may have the sidewalk and driveway approach abutting said parcel constructed, repaired or replaced ( Work ) on or before the 11th day of May, 2007, upon obtaining a proper″‶ permit under Chapter 5 of the Code of General Ordinances.2. If the owner fails to complete such Work within the time specified, the Common Council shall cause the Work to be done at the expense of the property owner by contract let to the lowest responsible bidder, and the Work will be paid for by assessing the cost of the Work to the benefited property. Invoices for said Work will be sent out on or about the 1st of November. If the cost of Work is under One Hundred ($100.00) Dollars, it shall be paid in its entirety within thirty (30) days of receipt of invoice. If the cost of Work is over One Hundred ($100.00) Dollars, it may be paid in its entirety within thirty (30) days of receipt of invoice, and if not so paid, placed on the tax roll for a period of three (3) years at an interest rate of seven and one-half (7.5%) per annum. If not paid within the period fixed, such a delinquent special charge shall become a lien as provided in Section 66.60(15), Wisconsin Statutes, as of the date of such delinquency, and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge.3.The Director of Public Works shall serve a copy of this Resolution on each property owner by publishing the same in the official newspaper, together with a mailing by first class mail to the owner, if their post office address is known or can be ascertained with reasonable diligence. Adopted this 19th day of May, 2007./s/DEBRA L. SALAS, DEPUTY CITY CLERKAPPROVED:JOHN M. ANTARAMIAN, MAYOR17. The proposed resolution By the Mayor – Recognition of the HarborPark Market Committee as Kenosha Common Markets, Inc. and the Independent Not For Profit Corporate Status of Kenosha Common Markets, Inc. was deferred by the Finance Committee previous to this meeting.


18. It was moved by Alderman Casey, seconded by Alderman Butler, to approve Appointment of Jennifer Hein to the Transit Commission for a Term to Expire June 7, 2009. On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS19. It was moved by Alderman Ruef, seconded by Alderman Robinson, to send the Revocable Occupancy Permit Regarding the Property Located in the Right-of-Way, 435 Washington Road back to the Public Works Committee. On roll call vote, motion carried unanimously.20. The Tax Incremental District (TID) Rehabilitation Loan Program Lender Agreement was deferred at the Finance Committee meeting.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Alderman Casey, seconded by Alderman Robinson, to approve:

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21. Request from City Attorney to Write-Off Various Delinquent Personal Property Accounts (per List on File in the Office of the City Clerk) in the Total Amount of $2,480.19.22. Approve Disbursement Record #4 – 28,434,098.71. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS23. It was moved by Alderman Casey, seconded by Alderman Robinson to approve Final Acceptance of:a. 1.Approve Final Acceptance of Projects:a. #03-1443 Pike Bike Trail Phase II (Parts 1 and 3) by Lunda Construction Company in the Amount of $428,429.26. (1st District)b. #05-1017 Resurfacing Phase III (17th Avenue - 43rd Street to 52nd Street, 40th Street east of 39th Avenue, Anderson Park Parking Lot and Fire Station #7 Service Road) by Cicchini Asphalt Paving in the Amount of $530,965.19. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Sinclair, seconded by Alderman Ruef, to adjourn at 8:28 p.m. On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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April 2, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200April 2, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided.The meeting was called to order at 7:04 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Ruffolo, Spair, Robinson, Marks, Ruef, Butler, Frederick, Casey, Misner, Pacetti, Downing and Polzin, Jr. Aldermen Holland, Sinclair and Pitts were previously excused. The invocation was given by Alderman Haugaard. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Spair, seconded by Alderman Misner, to approve the minutes of the meeting held March 19, 2007. Motion carried unanimously. At this time, Police Chief Wade presented a medal of valor to various law enforcement officials. The Mayor then called upon Members of the Mayor's Youth Commission to present awards. A brief recess was taken after presentation of the awards. Don Kresch and Louis Rugani spoke during Citizen's Comments.

TO THE COMMITTEE ON FINANCE1. Loan Agreement and Mortgage between the City of Kenosha and Lakeside Players, Inc. for property at 514-518 56th Street, Aldermanic District #2. (Rhode Opera House)

TO THE CITY PLAN COMMISION2. Petition to rezone property located at 6314 60th Street from A-2 Agricultural Land Holding to B-2 Community Business District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #16. (Solovey)


OF DEPARTMENTS3. It was moved by Alderman Robinson, seconded by Alderman Spair, to approve:a. 18 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. 8 application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS4. It was moved by Alderman Haugaard, seconded by Alderman Downing to approve the Following Applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Peggy A. Flynnb. Jason W. Ohm-50 demerit points:c. Gina M. Englertd. Ryan D. Knudsone. Lynn M. Schroeder-75 demerit pointsTasneem Mohammed A hearing was held. The applicants did not appear. On a voice vote, motion carried.5. It was moved by Alderman Ruef, seconded by Alderman Downing to DENY application of Chris A. Herrera for a new Operator's (Bartender) license based on material police record & false application. A hearing was held, the applicant did not appear. On a voice vote, motion carried.6. It was moved by Alderman Robinson, seconded by Alderman Ruef to DENY application of Abraham Sheikh for a Taxi Cab Company License located at 3929-80th Street #2E, (Superior Taxi, Inc.), 1 taxi cab. A hearing was held. The applicant did not appear.6.1 It was then moved by Alderman Casey, seconded by Alderman Spair, to refer back to the Licensing/Permit Committee. On a voice vote, motion carried.7. It was moved by Alderman Downing, seconded by Alderman Marks to approve application of Albrecht Foods Kenosha LLC, Michelle Harrington, Agent, for a Class “A” Beer and “Class A” Liquor License located at 7014 Green Bay Rd, (Sentry), with acceptance of conditional surrender of a similar license at the same location from American Drug Stores, LLC, to be effective April 3, 2007. A hearing was held. The applicant did not appear. On a voice vote, motion carried.8. It was moved by Alderman Butler, seconded by Alderman Downing to approve application of Keith McCracken for a Pet Shop License located at 1355-52nd Street, (A Pet Shop). A hearing was held. The applicant did not appear. On a voice vote, motion carried.9. It was m moved by Alderman Robinson, seconded by Alderman Polzin to approve Findings of Fact, Conclusions of Law and Recommendation (suspend for 90 consecutive days plus an assessment of 90 demerit points upon reinstatement) regarding the

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April 2, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk Operator's (Bartender) license of Jesse J. Glithero. A hearing was held. The applicant did not appear. Attorney Mulligan spoke. On a voice vote, motion carried.

ORDINANCES 1ST READING It was moved by Alderman Casey, seconded by Alderman Butler to send the following ordinances on their way after being read:10. By Committee on Public Safety and Welfare – To Amend Section 7.125 Entitled: “Streets Controlled by Yield Signs”, to Rescind the East/West Yield Signs on 48th Street at its Intersection with 28th Avenue; and, to Amend Section 7.12 C. of the Code of General Ordinances by Adding North/South Stop Signs on 28th Avenue Before Entering the Intersection with 48th Street. 11. By Committee on Licenses/Permits – To Repeal and Recreate Sections 13.12 J.1 and 13.12 J.7., to Increase Towing Rates.12. By Alderperson Julia Robinson – To Repeal and Recreate Section 16.151 D.1. Regarding the Procedure in Determining a Chronic Nuisance Property.13. By the Mayor – To Repeal and Recreate Section 11.146, to Reflect Change in Section Number of the Wisconsin Statutes Cited Therein. On a voice vote, motion carried.

ORDINANCES 2ND READING14. It was moved by Alderman Ruef, seconded by Alderman Spair, to adopt the proposed ordinance by the Mayor – To Amend, Create, Renumber, and Repeal and Recreate Various Sections Regarding “Unified Business Centers” and “Large Scale Commercial Development”. A public hearing was held. Two people spoke: Mario Cicchini and Domenick Tirabassi.14.1 It was then moved by Alderman Misner, seconded by Alderman Casey to defer until the first meeting in May. On roll call vote, motion carried (12-2) with Aldermen Polzin, and Butler voting nay.15. It was moved by Alderman Casey, seconded by Alderman Robinson, to adopt Ordinance 18-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

REZONING ORDINANCE NO 18-07.BY: THE MAYOR

Zoning: TO REZONE A PORTION OF THE PROPERTY LOCATED SOUTH OF 40TH STREET AND EAST OF 35TH AVENUE FROM M-1 LIGHTMANUFACTURING TO RS-2 SINGLE FAMILY RESIDENTIAL

[City Plan Commission/KAT Site]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No Z6-07 be, and the same hereby is, zoned and districted as indicated on said map Section Two:. . The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 8th day of March, 2007, as required in Section 10 02 A of the Zoning. . Ordinance Section Three: .NOTE: Maps are available for viewing in the City Clerk s Office' .This Ordinance shall be in full force and effect upon passage and the day after its publication.Passed: Monday, April 2, 2007Published: Friday, April 6, 2007APPROVED: JOHN M. ANTARAMIAN, MAYORATTEST: DEBRA L. SALAS, DEPUTY CITY CLERK

16. It was moved by Alderman Casey, seconded by Alderman Ruef, to adopt Ordinance 19-07.

A public hearing was held. Tony DeBartolo spoke. On roll call vote, motion carried unanimously and said ordinance was

thereupon adopted as follows:REZONING ORDINANCE NO 19-07.

BY: THE MAYORZoning: TO REZONE PROPERTY LOCATED AT 6316 52ND STREET AND6344 52ND– –

STREET FROM RS-1 SINGLE FAMILY RESIDENTIALAND A-2 AGRICULTURAL LAND HOLDING TO B-2 COMMUNITY

BUSINESS DISTRICT [Springbrook,L L C ]. . .The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the NOTE: Maps are available for viewing in the City Clerk s Office' .

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attached Supplement Map No Z7-07 be, and the same hereby is, zoned and. districted as indicated on said map Section Two: The development of the. property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 8th day of March, 2007, as required in Section 10 02 A of the Zoning Ordinance. . . Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.Passed: Monday, April 2, 2007Published:Friday, April 6, 2007APPROVED: JOHN M. ANTARAMIAN, MAYORATTEST: DEBRA L. SALAS, DEPUTY CITY CLERK

RESOLUTIONS17. It was moved by Alderman Casey, seconded by Alderman Robinson to adopt Resolutions 35-07 through 38-07 (items 17a through 17d).17.1 It was then moved by Alderman Ruef, seconded by Alderman Spair to separate item 17a. On a voice vote, motion carried. A hearing was held. Alderman Pacetti spoke as a citizen regarding Resolution 35-07. On roll call vote, motion to adopt Resolution 35-07 carried (13-1) with Alderman Pacetti abstaining and said resolution was thereupon adopted as follows:

Project #06-1208RESOLUTION NO. 35-07

BY: FINANCE COMMITTEETO LEVY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY BASED UPON FINAL CONSTRUCTION COSTS RESPECTING IMPROVEMENTS IN STREET

RIGHT-OF-WAY(sidewalks and driveway approaches)

BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that special assessments are levied against benefited property based upon final construction costs respecting improvements in street-of-way consisting of construction of paving, grading and graveling, sidewalks and/or driveway approaches for Project #06-1208 (67th Street to 75th Street – Pershing Blvd to 39th Avenue & Miscellaneous Locations) in the total amount of $16,721.90, as shown by a report of the City Engineer filed in the office of the City Clerk of the City of Kenosha in accordance with the Final Resolution No. 69-06 authorizing such improvements in the street right-of-way.Adopted this 2nd day of April, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK A hearing was held on items 17b. Through 17d. No one spoke. On roll call vote, motion to adopt Resolutions 36-07 through 38-07 carried unanimously and said resolutions were thereupon adopted as follows.17b. Project #06-1015

RESOLUTION NO. 36-07BY: FINANCE COMMITTEE

TO LEVY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY BASED UPON FINAL CONSTRUCTION COSTS RESPECTING IMPROVEMENTS IN STREET RIGHT-OF-WAY

(sidewalks and/or driveway approaches)BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that special assessments are levied against benefited property based upon final construction costs respecting improvements in street-of-way consisting of construction of sidewalks and/or driveway approaches for Project #06-1015 (35th Street - 27th Avenue to 30th Avenue & 18th Avenue - 21st Street to 19th Street) in the total amount of $5,861.00, as shown by a report of the City Engineer filed in the office of the City Clerk of the City of Kenosha in accordance with the Final Resolution No. 95-06 authorizing such improvements in the street right-of-way.Adopted this 2nd day of April, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK17c. Project #06-1012


TO LEVY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY BASED UPON FINAL CONSTRUCTION COSTS RESPECTING IMPROVEMENTS IN STREET RIGHT-OF-WAY

(sidewalks and/or driveway approaches) BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that special assessments are levied against benefited property based upon final construction costs respecting improvements in street-of-way consisting of construction of sidewalks and/or driveway approaches for Project #06-1012 (80th Street - 39th Avenue to 50th Avenue) in the total amount of $448.00, as shown by a report of the City Engineer filed in the office of the City Clerk of the City of Kenosha in accordance with the Final Resolution No. 68-06 authorizing such improvements in the street right-of-way.Adopted this 2nd day of April, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

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April 2, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk 17d. Project #05-1016

RESOLUTION NO. 38-07BY: FINANCE COMMITTEE TO LEVY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY BASED UPON FINAL CONSTRUCTION COSTS

RESPECTING IMPROVEMENTS IN STREET RIGHT-OF-WAY (sidewalks and/or driveway approaches)BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that special assessments are levied against benefited property based upon final construction costs respecting improvements in street-of-way consisting of construction sidewalks and/or driveway approaches for Project #05-1016 (17 th Avenue - 43 rd Street to 52nd Street) in the total amount of $12,884 75, as shown by a report of the City Engineer filed in the office of the City Clerk of the City of Kenosha in accordance. with the Final Resolution No 74-05 authorizing such improvements in the street right-of-way. .Adopted this 2nd day of April, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK It was moved by Alderman Casey, seconded by Alderman Ruef to adopt Resolutions 39-07 and 40-07 (items 18 and 19). On roll call vote, motion carried.18. Project #05-1016


RESOLUTION TO CORRECT RESOLUTION #157-05FOR SIDEWALKS AND/OR DRIVEWAY APPROACHES

PROJECT #05-1016 WHEREAS, Resolution #157-05 for Project #05-1016 (17th Avenue - 43rd Street to 52nd Street) in the amount of $25,902.20 was passed by the Kenosha Common Council on November 21, 2005, WHEREAS, it has been determined that Parcel #12-223-31-205-018 was incorrectly billed in the amount of $1,442.73, and should have been billed in the amount of $1,035.14. NOW, THEREFORE, BE IT RESOLVED, by the Kenosha Common Council that the resolution be changed from $25,902.20 to $25,494.61. Passed this 2nd day of April, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK19. RESOLUTION NO: 40-07

BY: THE MAYOR APPROVING THE FINAL PLAT FOR GENEVA MEADOWSLocated South of 60th Street and East of 88th Avenue

WHEREAS, a map and Final Plat for Geneva Meadows, located south of 60th Street and east of 88th Avenue, has been submitted to the Common Council of the City of Kenosha, Wisconsin; andWHEREAS, said map and Final Plat have been properly certified, acknowledged and executed in the form according to law upon due consideration thereof.NOW THEREFORE, BE IT RESOLVED that the Final Plat of subdivision be and the same hereby in all things approved and the City Clerk be and hereby ordered to attach to the map of said subdivision the seal of the City of Kenosha and sign his name as City Clerk to the certificate of approval of said Final Plat subject to the following Conditions of Approval:1.Approval of the Plat by the State Department of Administration.2.Payment of unpaid real estate taxes, special assessments and sanitary sewer impact fees on the parcel of real estate which is being divided prior to the recording of the Final Plat.3.Applicant entering into a Subdivider’s Agreement with the City of Kenosha and Kenosha Water Utility. The agreement shall be in a form drafted and approved by the City Attorney. Agreement shall determine responsibility and timeframes for the construction of all improvements required by the City and Utility and all other improvements proposed by applicant which will serve the subdivision. The Final Plat shall not be recorded and no building or structure shall be constructed or installed within the subdivision until a Subdivider’s Agreement has been approved and executed.4.Revise the street light location, Sheet 12, from opposite of Lot #55 to the west line of Lot #15.5.The final Utility Plan shall be submitted for review and approval addressing the items listed in the February 21, 2007 Kenosha Water Utility memo.6.Compliance with City and State codes and ordinances.7.Payment of all applicable fees, including recording fees prior to recording of the plat. All required park fees shall be paid at the time of issuance of building permits per Chapter 35 of the Code of General Ordinances.8.All Conditions of Approval for the Preliminary Plat (Resolution #43-06) shall be addressed.9.Compliance with all the preceding conditions as prerequisite for authorizing the City Clerk and Mayor to sign the plat.10.The Final Plat shall be submitted to the City Clerk for signature within the time required under Section 236.25(2)(b) of the State Statutes and 17.04 I.4 of the Code of General Ordinances or the plat shall be null and void.11.Applicant shall provide the City with a digital copy of the Final Plat prior to recording of the plat.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS20. It was moved by Alderman Casey, seconded by Alderman Ruef, to approve Proposal for Consulting Services for

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April 2, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk Design and Preparation of Plans and Specifications for Roof Replacement at Street Division East Building with Industrial Roofing Services. On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS21. The Tax Incremental District (TID) Rehabilitation Loan Program Lender Agreement was deferred at the Finance Committee meeting held previous to this meeting.22. It was moved by Alderman Casey, seconded by Alderman Ruef to approve Developers Agreement between the City of Kenosha, Kenosha Water Utility and Neumann Homes, LLC for a subdivision located south of 60th Street and east of 88th Avenue. (Geneva Meadows Subdivision) On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE23. It was moved by Alderman Casey, seconded by Alderman Ruef approve Disbursement Record #5 – $4,353,792.95. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC SAFETY & WELFARE24. It was moved by Alderman Alderman Casey, seconded by Alderman Ruef to approve Application of All Star Amusement Co., Inc., for a Carnival License at Sears Pershing Plaza Parking Lot for May 10th through May 20, 2007. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Spair, seconded by Alderman Butler, to adjourn at 8:21 p.m. On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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CHAMBERS ROOM 200April 16, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:10 p.m. Alderman Frederick. On roll call, the following members of the Common Council were present: Alderman Moldenhauer, Holland, Sinclair, Robinson, Marks, Ruef, Butler, Frederick, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Alderman Haugaard, Ruffolo, Spair, and Casey were previously excused. The invocation was given by Alderman Moldenhauer. Alderman Frederick then led the Council in the Pledge of Allegiance to the American Flag. The Mayor arrived during the Pledge. At this time, Mr. Jack Bianchi of the Prudential Spirit of Community Awards program gave an award to Kelsey Swiatko for being named one of the top two youth volunteers in Wisconsin for 2007. Louis Rugani spoke during Citizen's Comments.

TO THE COMMITTEE ON FINANCE1. Offer of Sale Agreement for 15 feet of property located at the Southeast corner of 5th Avenue and 57th Street. Aldermanic District 2 (Stavros Salapatas) (Also refer to City Plan Commission)2. Offer of Sale Agreement for property at 715 56th Street (Parcel #12-223-31-477-002), Aldermanic District #2. (Kenosha Area Chamber of Commerce) (Also referred to City Plan Commission)3. Proposed Resolution to Correct Resolution #2-07 for Boarding and Securing.4. Proposed Resolution to Specially Assess Certain Parcels of Property for Boarding and Securing.5.5.Proposed Resolution to Specially Assess Certain Parcels of Property for Reinspection Fees.

TO THE PUBLIC WORKS COMMITTEE6. Resolution approving a two-lot Certified Survey Map for property at 7600 75th Street, Aldermanic District #17. (Moore) (Also referred to City Plan Commission)

TO THE LICENSING/PERMIT COMMITTEE 7. Proposed Ordinance to Repeal & Recreate Sections 1.03 C. 1. and C. 2., regarding the Committees of Common Council.8. Proposed Ordinance to Repeal and Recreate Sections 10.03 C. and D., Regarding Retail and Wholesale Establishments and Retail “Class A” Liquor Licenses.9. Proposed Ordinance To Create Section 6.02 A.18(4) of the Code of General Ordinances for the City of Kenosha, Wisconsin, regarding the Sale and Consumption of Fermented Malt Beverages, Wine and Intoxicating Liquor in conjunction with the Simmons Island Beach House.

TO THE CITY PLAN COMMISSION10. Petition to rezone property located at the southeast corner of 64th Street and Green Bay Road from A-2 Agricultural Land Holding and RS-1 Single- Family Residential to IP Institutional Park in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #17. (Bravo Realty, LLC)11. Petition to rezone property at 8200 75th Street from C-2 Lowland Conservancy and RM-2 Multi-Family Residential to RM-2 Multi-Family Residential and C-2 Lowland Conservancy in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #17. (Heiberg)12. Proposed Ordinance To Repeal and Recreate Section 3.19 A.11; to Renumber Sections 3.19 A.22 and 23 as Sections 3.19 A.23 and 24; To create Section 3.19 A.22; and to Create Section 3.19 B.7 of the Zoning Ordinance for the City of Kenosha, Wisconsin Regarding Food and Beverage Sales in Conjunction with various permitted and conditional uses in the IP Zoning District.13. Proposed Resolution By the Mayor - To Amend the Official Map for the City of Kenosha, Wisconsin, to Include the Attachment of Parcel Nos. 80-4-222-292-0290 and 80-4-222-242-0300, Also Known as 1932 – 30th Avenue and 2004 – 30th Avenue, Respectively, in the Town of Somers, Kenosha County, Wisconsin, in Accordance with the Approved City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307 of the Wisconsin Statutes [Stanich and Stanich, L.L.C.– Property Owners]


OF DEPARTMENTS14. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve:a. 24 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. 2 application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.15. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to receive and File Adoption of the Tirabassi Neighborhood Plan, (located between 80th-85th Street and between 30th-39th Avenue), and Certification to the Common Council, City Plan

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April 16, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk Commission Resolution #01-07. 15.1 It was moved by Alderman Pacetti, seconded by Alderman Robinson to allow Alderman Pitts to abstain from voting. On a voice vote, motion carried. On a voice vote, motion to receive and file carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS16. It was moved by Alderman Sinclair, seconded by Alderman Downing, to approve the following Applications for new Operator's (Bartender) licenses, subject to:-50 demerit points:a. Rosaria M Ruffalob. Samantha J Scott-75 demerit points:c. Candy A Chandler A hearing was held. The applicants did not appear. On a voice vote, motion carried.17. It was moved by Alderman Frederick, seconded by Alderman Downing, to DENY the following Applications for new Operator's (Bartender) licenses, based on material police record & false application:a. Gail C Khayatb. Raymond L Nehlsc. Flora S Vargas A hearing was held. Raymond L Nehls appeared and spoke. On a voice vote, motion carried.18. It was moved by Alderman Sinclair, seconded by Alderman Downing, to approve the following Applications for Taxi Drivers licenses, subject to:-20 demerit points:a. Robert A Prudom (renewal)b. Lutfi Mena (new) A hearing was held. The applicants did not appear. On a voice vote, motion carried.19. It was moved by Alderman Downing, seconded by Alderman Polzin, to DENY the following Applications for new Taxi Drivers licenses, based on material police record & false application:a. Charles A Palermob. Angela C Voltz A hearing was held. The applicants did not appear. On a voice vote, motion carried.20. It was moved by Alderman Robinson, seconded by Alderman Sinclair, to approve 4 Applications for Renewal of Scrap Salvage Dealers Licenses and 1 Scrap Salvage Collectors License per list on file in the office of the City Clerk. A hearing was held. The applicants did not appear. On a voice vote, motion carried.21. It was moved by Alderman Pacetti, seconded by Alderman Robinson, to approve, with the amendment to approve subject to 50 demerit points, application of GDP of Kenosha, Inc., Themis Panagiotaras, Agent, for a Class “B” Beer & “Class B” Liquor License located at 4706-75th Street, (Bootleggers), with acceptance of a conditional surrender of a similar license at the same location from A.J. Mantgillman's, Inc., subject to holds. A hearing was held. The applicant did not appear. On a voice vote, motion carried.22. It was moved by Alderman Robinson, seconded by Alderman Downing, to approve Application of GDP of Kenosha, Inc., Themis Panagiotaras, Agent, for an Outdoor Extension of the Class “B” Beer & “Class B” Liquor Combination License located at 4706-75th Street (Bootleggers). Subject to holds. A hearing was held. The applicant did not appear. On a voice vote, motion carried.23. It was moved by Alderman Butler, seconded by Alderman Robinson, to DENY Application of Abraham Sheikh for a Taxi Cab Company License located at 3929-80th Street #2E, (Superior Taxi, Inc.), 1 taxi cab. A hearing was held. The applicant did not appear.23.1 It was then moved by Alderman Frederick, seconded by Alderman Pacetti, to refer back to License/Permit Committee. On a voice vote, motion carried.

ORDINANCES 1ST READING It was moved by Alderman Sinclair, seconded by Alderman Ruef, to send the following ordinances on their way:24. By Committee on Public Safety and Welfare – To Amend Section 7.12 C. of the Code of General Ordinances, by Adding a East/West Stop Sign on 15th Place Before Entering the Intersection with 27th Avenue.25. By the Mayor – Attachment and Temporary Rezoning District Classification – Parcels 80-4-222-242-0290 and 80-4-22-242-0300, Town of Somers. (Stanich & Stanich, LLC) On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Sinclair, seconded by Alderman Ruef, to send the following ordinances on their way:26. By the Mayor – To Rezone Property Located at 6314 - 60th Street from A-2 Agricultural Land Holding to B-2 Community Business District (Solovey). On a voice vote, motion carried.

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ORDINANCES 2ND READING27. It was moved by Alderman Robinson, seconded by Alderman Sinclair, to adopt Ordinance 20-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


TO AMEND SECTION 7.125 OF THE CODE OF GENERAL ORDINANCES ENTITLED: "STREETS CONTROLLED BY YIELD SIGNS", TO RESCIND THE EAST/WEST YIELD SIGNS ON 48TH STREET AT ITS INTERSECTION WITH 28TH AVENUE; AND, TO AMEND SECTION 7.12 C.

OF THE CODE OF GENERAL ORDINANCES BY ADDING NORTH/SOUTH STOP SIGNS ON 28TH AVENUE BEFORE ENTERING THE INTERSECTION WITH 48TH STREET

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Section 7.125 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by deleting therefrom "48th Street" in Column A and "28th Avenue" in Column B.Section Two: Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the following thereto:All vehicles traveling North/South on 28th Avenue shall stop before entering the intersection with 48th Street.Section Three: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: April 16, 2007PUBLISHED: April 20, 200728. It was moved by Alderman Downing, seconded by Alderman Polzin, to adopt Ordinance 21-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 21-07BY: COMMITTEE ON LICENSES/PERMITS

TO REPEAL AND RECREATE SECTIONS 13.12 J.1. AND 13.12 J.7. OF THE CODE OF GENERAL ORDINANCES FOR THE CITY OF KENOSHA, WISCONSIN, TO INCREASE TOWING RATES

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Section 13.12 J.1. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows:1. Towing vehicles under 7,000 pounds: 8:00 A.M. to 6:00 P.M., Monday through Saturday, $75; 8:00 A.M. to 6 P.M., Sundays and Holidays, $85; 6:00 P.M. to 8:00 A.M., Monday through Saturday, $85; 6:00 P.M. to 8:00 A.M. Sundays and Holidays, $85. Towing vehicles over 7,000 pounds, the rate shall be the prevailing rate in the community.Section Two: Section 13.12 J.7. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows:7. For indoor storage, $25 per day; for outdoor storage, $20 per day, with a one (1) day minimum.Section Three: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: April 16, 2007PUBLISHED: April 20, 200729. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Ordinance 22-07 with an amendment. A public hearing was held. Robert Donnally, Maria Bora, Royce Devoe, Susan Simon, Liza Thober, Nancy Nelson, Michael Bell, Larry Capozzo, John Hervock, Charles Powell, Eric Belongia, Patrick Juliani, and Ray Forgiani spoke. On roll call vote, motion carried 11-2 with Alderman Butler and Misner voting no and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 22-07BY: ALDERPERSON JULIA ROBINSON

TO REPEAL AND RECREATE SECTION 16.151 D.1. OF THE CODE OF GENERAL ORDINANCES REGARDING THE PROCEDURE IN DETERMINING A CHRONIC NUISANCE PROPERTY

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Section 16.151 D.1. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows:1. Whenever the Chief of Police determines two (2) or more nuisance activities of the types defined in Section 16.151 C.1. have occurred at a Premises, resulting in arrests and/or the issuance of citations and/or verified by written police reports, on separate days during a sixty (60) day period, the Chief of Police may notify the Premises’ owner in writing that the Premises is in danger of becoming a chronic nuisance. This notice shall be deemed to be properly delivered if sent either by first class mail to the Premises’ owner’s last known address, or if delivered in person to the Premises’ owner. If the Premises’ owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the Premises’ owner’s usual place of abode in the presence of some competent member of the family at least fourteen (14) years of age, or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by first class mail to the last

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April 16, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk known address of the owner as identified by the records of the City Assessor or the Director of Neighborhood Services and Inspections. This notice shall contain:a. The street address or legal description sufficient for identification of the Premises.b. A description of the nuisance activities that have occurred at the Premises and a statement indicating that the cost of future enforcement may be assessed as a special charges against the Premises.c. A statement that the Premises’ owner shall, within thirty (30) days, respond to the Chief of Police either with an appeal or to propose a written course of action to abate the nuisance activities which is acceptable to the Chief of Police.Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: April 16, 2007PUBLISHED: April 20, 200730. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Ordinance 23-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


TO REPEAL AND RECREATE SECTION 11.146 OF THE CODE OF GENERAL ORDINANCES FOR THE CITY OF KENOSHA, WISCONSIN, TO REFLECT CHANGE IN SECTION NUMBER OF THE WISCONSIN STATUTES CITED THEREIN

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Section 11.146 B. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows:B. It shall be unlawful for any person to use or carry, or for any person, firm, party or corporation to possess marijuana as that substance is defined in Section 961.01(14), Wisconsin Statutes (2006), except as otherwise authorized by Chapter 961 of the Wisconsin Statutes (2006).Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: April 16, 2007PUBLISHED: April 20, 2007

RESOLUTIONS It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Resolutions 41-07 through 43-07 (item numbers 31 through 33). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:31. RESOLUTION NO. 41-07

BY: The Committee on Finance BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin, that there be transferred various funds for 2006 per list on file in the office of the City Clerk.Adopted this 16th day of April, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

32. RESOLUTION NO. 42-07By: Committee on Finance

To Encumber Certain 2006 General Fund Budgeted Monies as of December 31, 2006 to be Carried Over and Added to the 2007 General Fund BudgetBE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin that the following 2006 General Fund budgeted monies shall be encumbered as of December 31, 2006 and shall be carried forward to the 2007 budget in order that funds be available to make payment for these items which total $621,640 as follows:Legal-Furniture & equipment110-01-50301-362 $ 4,190Mayor's Youth Comm-award reception110-01-50605-263 700 Finance-actuarial review110-01-51101-219 16,000Finance-copier110-01-51101-525 7,000Finance-laser check project110-01-51101-311 2,300Finance-equipment purchase110-01-51101-362 950MIS-equipment110-01-51102-539 414,000

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MOB-building plumbing110-01-51801-246 2,000Other Facilities-building maint.110-01-51802-246 1,500Fire-equipment 110-02-52203-344 6,600Fire-building maint.110-02-52203-246 40,000Fire-emergency turn-out gear110-02-52203-367 21,000Fire-Gateway training110-02-52203-264 8,000Fire-City's Share Homeland Security Grant110-02-52203-941 60,000Reserve-contract settlement110-09-56702-159 37,400BE IT FURTHER RESOLVED that all 2006 budgeted monies encumbered in 2006 whether or not a purchase order was issued shall be carried over and added to the 2007 budgeted funds.Adopted this 16th day of April, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY ASSESSMENTS FORHAZARDOUS WALK AND DRIVEWAY APPROACH REPAIR ONLY

PROJECT #07-1013 7th Avenue Resurfacing WHEREAS, it is expedient, necessary and in the best interest of the City of Kenosha, and for benefit of the property affected thereby that improvements in street right-of-ways: sidewalk and/or driveway approaches.7th Avenue - 49th Street to Sheridan RoadNOW, THEREFORE, BE IT RESOLVED, By the Common Council of Kenosha, Wisconsin:1. The Common Council hereby declares its intention to exercise its police power under Section 66.60, Wisconsin Statutes, to levy special assessments on all property fronting upon both sides of the street within the above limits for benefits conferred upon property by improvement of the streets enumerated above.2. Said public improvement shall include the improvements in street right-of-ways: permanent pavement, and/or curb and gutter, and/or grading and graveling and/or sidewalk, and/or driveway approaches.3. The Common Council determines that the improvements constitute an exercise of the police power and the amount assessed against each parcel shall be based on a per front foot or per square foot rate.4. The assessments against any parcel may be paid in a lump sum or in three (3) annual installments, at the election of the property owner.5. The Board of Public Works is directed to prepare a report consisting of:a. Preliminary plans and specifications for said improvements.b. An estimate of entire cost of the proposed improvements and in street right-of-way.c. Schedule of proposed assessments.6. Upon receiving the report of the Board of Public Works (Public Works Committee), the Clerk is directed to give notice of public hearings on such report, as specified in Section 66.60(7) of the Wisconsin Statutes. The hearings shall be held at the Municipal Office Building at a time set by the Clerk, in accordance with Section 66.60(7), Wisconsin Statutes. Adopted this 16th day of April, 2007, A.D.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

34. The proposed resolution by the Mayor – To Recognize the (Not for Profit) Corporate Status and Independence of Kenosha Common Markets, Inc., and to, Accordingly, Dissolve the Kenosha Public Market Committee was deferred at the Finance Committee meeting held previous to this meeting.


It was moved by Alderman Ruef, seconded by Alderman Robinson, to approve:35. Appointment of Paul Trombino, Jr. to the Library Board for a Term to Expire July 1, 2007.36. Appointment of Peni J. Keeling to the Police and Fire Commission for a Term to Expire the first Monday in May, 2012. On roll call vote, motion carried unanimously.

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PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS It was moved by Alderman Ruef, seconded by Alderman Robinson, to:37. Approve Award of Contracts for the Following:a. Project #07-1012 Resurfacing Phase 1 (71st Street - 23rd Avenue to 22nd Avenue & 70th Street - 18th Avenue to 14th Avenue) (Lincoln Park Basketball Courts) to Cicchini Asphalt Paving - $230,000.00. Districts 8 & 12)b. Project #07-1405 Anderson Park Path Lighting (8730 22nd Avenue) to Electrical Contractors of WI, - $50,000.00. (District 9). On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Pacetti, seconded by Alderman Pitts, to approve as amended by Finance Committee:38. Tax Incremental District (TID) Rehabilitation LOAN Program Lender Agreement.39. Loan Agreement and Mortgage Between the City of Kenosha and Lakeside Players, Inc., for property located at 514/518 - 56th Street. (Aldermanic District #2) (Rhode Opera House). On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE40. It was moved by Alderman Misner, seconded by Alderman Marks, to approve Disbursement Record #6 – $5,671,210.44. On roll call vote, motion carried unanimously.

OTHER41. It was moved by Alderman Frederick, seconded by Alderman Ruef, to elect Donald K. Holland as Common Council President for 2007-2008. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Pacetti, seconded by Alderman Ruef, to adjourn at 9:00 p.m. On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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May 7, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200May 7, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:03 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Ruffolo, Sinclair, Spair, Robinson, Marks, Ruef, Butler, Frederick, Pitts, Pacetti, Downing and Polzin, Jr. Chairman Holland was previously excused. Alderman Casey arrived just before the the presentations of the Mayor's Youth Commission Awards, and left during the public hearing on item #32. Alderman Misner arrived during the Citizen's Comments. The invocation was given by Alderman Pitts. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Robinson, seconded by Alderman Sinclair, to approve the minutes of the meetings held April 2 and 16, 2007. Motion carried unanimously. At this time, Fire Chief John Thomsen presented the KFD Medal of Merit to Brian Smith, Art Peters, Ryan McNeelly, and Ezekiel Thompkins for their successful rescue of a victim of a structure fire in 2006. Next Tracey Maksen Pelishek, Chairman of the Mayor's Youth Commission, presented awards to the Youth Leadership Group at Forest Park Elementary School. The students that received the award were: Noah Bloedorn, Jana Cozine, Jacob DiCello, Rosario Figueroa, Amanda McAlevy, Joseph Meyer, Cody Miilu, and Sarah Radziuk. A brief recess was taken after presentation of the awards. Three Citizens spoke during Citizen's Comments: Lucille Repka, Tim Lundskow, and Nasser Museitif.

TO THE COMMITTEE ON FINANCE1. To adopt a Project Plan Amendment for Tax Incremental District #11 City of Kenosha, Wisconsin, Under Section 66.1105 (4)(h)1, of the Wisconsin Statutes - City Plan Commission Resolution #04-07, Aldermanic District #16. (Also referred to City Plan Commission)2. Offer of Sale Agreement for five parcels located at 35th Street and 14th Avenue, Aldermanic District #6. (Poltrock) (Also referred to City Plan Commission)3. Offer of Sale Agreement for the property at 2011 63rd Street, Aldermanic District #8. (STH 50 Project/GPI Properties) (Also referred to City Plan Commission)

TO THE PUBLIC WORKS COMMITTEE4. To adopt a Project Plan Amendment for Tax Incremental District #11 City of Kenosha, Wisconsin, Under Section 66.1105 (4)(h)1, of the Wisconsin Statutes - City Plan Commission Resolution #04-07, Aldermanic District #16. (Also referred to City Plan Commission)5. Offer of Sale Agreement for five parcels located at 35th Street and 14th Avenue, Aldermanic District #6. (Poltrock) (Also referred to City Plan Commission)6. Offer of Sale Agreement for the property at 2011 63rd Street, Aldermanic District #8. (STH 50 Project/GPI Properties) (Also referred to City

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Plan Commission)

TO THE LICENSING/PERMIT COMMITTEE7. By Alderperson G. John Ruffolo – To Renumber Sections 13.03 I., J., K., L., M. and N. of the Code of General Ordinances as Sections 13.0 K., L., M., N. and P.; and, to Create Sections 13.03 I. And J. of the Code of General Ordinances Regarding Motor Vehicle Inspections and Reports, and Driver's License Requirements for Obtaining a Peddlers' Permit.

TO THE CITY PLAN COMMISSION8. Petition to rezone property at 4821 through 4835 5th Avenue to adjust the FFO Floodplain Fringe Overlay District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #2. (Weiss)9. Conditional Use Permit Amendment for a homeless shelter at 7307 40th Avenue, Aldermanic District #14. (INNS/St. Mary’s Catholic Church)10. Petition to rezone property at 4916 45th Street from A-2 Agricultural Land Holding to RS-1 Single-Family Residential in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #16. (Bissland)


OF DEPARTMENTS11. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve:a. 25 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were 4 application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 10 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were 6 application(s) for a Taxi Driver's license per list on file in the office of the City Clerk.e. 10 Amusement & Recreation Enterprise Supervisor Licenses. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS12. It was moved by Alderman Sinclair, seconded by Alderman Haugaard, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Joseph M. Leonb. Timothy J. Patrickc. Samantha S. Wolf-35 demerit points:d. Joseph J. Thillemann-50 demerit points:e. Michael L. Bergf. Raja S. Borag. Samantha J. Brothenh. Andrea M. Prevosti. Martin H. Schmitzj. James M. Zbynski-75 demerit points:k. A'Jillian A. Dayl. Carl A. January Jr.m. Howard C. Lordn. Salena M. Kent A hearing was held. The applicants did not appear. On a voice vote, motion carried.

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13. It was moved by Alderman Haugaard, seconded by Alderman Ruef, to DENY the following applications for new Operator's (Bartender) licenses, based on:-material police record:a. Natalie L. Ouimette-material police record & false application:b. Joseph N. Pelinic. Kerry L. Price A hearing was held. The applicants did not appear. On a voice vote, motion carried.14. It was moved by Alderman Ruef, seconded by Alderman Downing, to DENY application of Timothy C. Lundskow for a new Taxi Driver's license based on material police record and false application. A hearing was held. The applicant was present and spoke. 14.1 It was then moved by Alderman Frederick, seconded by Alderman Haugaard, to refer back to License/Permit Committee. On a voice vote, motion carried.15. It was moved by Alderman Haugaard, seconded by Alderman Robinson, to approve application of Speedway Superamerica, LLC, for a transfer of agent status of the Class “A”” Retail Beer license located at 3012 Washington Road from Kelly Leto to Joseph Thilleman, subject to 35 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.16. It was moved by Alderman Frederick, seconded by Alderman Robinson, to approve application of Thomas F. Bushery for a Massage Therapist License, with no adverse recommendations. A hearing was held. The applicant did not appear. On a voice vote, motion carried.17. It was moved by Alderman Haugaard, seconded by Alderman Robinson, to DENY application of Abraham Sheikh for a Taxi Cab License located at 3929-80th Street, #2E (Superior Taxi, Inc.). A hearing was held. The applicant did not appear. On a voice vote, motion carried.18. It was moved by Alderman Polzin, seconded by Alderman Haugaard, to approve application of Euro-Meats, LLC, Susan Hurtz, Agent, for a new Class “B” Beer/”Class B” Liquor Combination license located at 6611-120th Avenue (Brew N Pub). A hearing was held. The applicant did not appear. On a voice vote, motion carried.19. It was moved by Alderman Ruef, seconded by Alderman Downing, to approve application of Stein BP, Inc., Kevin Stein, Agent, for a Class “A” Retail Beer license located at 12120-57th Street (BP), subject to 75 demerit points. (17th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.20. It was moved by Alderman Robinson, seconded by Alderman Downing, to DENY application of Dana 39th Avenue, Inc., Stanley Ginkowski, Agent, for a new Class “A” Retail Beer license located at 6623-39th Avenue (39th Avenue Shell), based on incomplete application. (11th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.21. It was moved by Alderman Frederick, seconded by Alderman Robinson, to refer the application of Rokralique of Wisconsin, Inc., Nadine Stangas, Agent, for a Class “B” Beer/”Class B” Liquor Combination license located at 504/506-57th Street, (Stonewall Grille), with acceptance of a conditional surrender of a similar license at the same location from Stonewall, LLC, Peter Stangas, Agent back to the Licensing/Permit

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Committee. A hearing was held. The applicant did not appear. On a voice vote, motion carried.

ORDINANCES 1ST READING It was moved by Alderman Sinclair, seconded by Alderman Casey, to send the following on their way after being read:22. By Committee on Public Safety & Welfare – To Amend Section 7.12 C., by Adding North/South Stop Sign on 40th Avenue Before Entering the Intersection with 13th Place.23. By Alderperson Stephen P. Casey – To Repeal and Recreate Sections 1.03 C.1. And C.2., Regarding the Committees of the Common Council. 24. By Alderperson Stephen P. Casey – To Repeal and Recreate Sections 10.03 C., and D., Regarding Retail and Wholesale Establishments, and Retail “Class A” Liquor Licenses. 25. By Alderman Ronald R. Frederick – To Create Section 6.02 A.18 (4), Regarding the Sale and Consumption of Fermented Malt Beverages, Wine and Intoxicating Liquor in Conjunction with the Simmons Island Beachhouse.On a voice vote, motion carried.

ZONING ORDINANCES 1ST READINGIt was moved by Alderman Sinclair, seconded by Alderman Casey, to send the following on their way after being read: 26. By City Plan Commission – To Repeal And Recreate Section 3.19 A.11.; To Renumber Sections 3.19 A.22. And 23. As Sections 3.19 A.23. And 24.; To Create Section 3.19 A.22.; And, To Create Section 3.19 B.7., Regarding Food And Beverage Sales In Conjunction With Various Permitted And Conditional Uses In The IP Zoning District. 27. By The Mayor – To Rezone Property Located At 8200-75th Street From C-2 Lowland Conservancy And RM-2 Multi-Family Residential To RM-2 Multi-Family Residential And C-2 Lowland Conservancy. (Heiberg) 28. By The Mayor – To Rezone Property Located At The Southeast Corner of 64th street And Green Bay Road From A-2 Agricultural Land Holding And RS-1 Single Family Residential To IP Institutional Park. (Bravo Realty, LLC) On a voice vote, motion carried.

ORDINANCES 2ND READING29. It was moved by Alderman Casey, seconded by Alderman Sinclair, to adopt Ordinance 24-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


SAFETY AND WELFARETO AMEND SECTION 7.12 C. OF THE CODE OF GENERAL ORDINANCES, BY ADDING A

EAST/WEST STOP SIGN ON 15th PLACE BEFORE ENTERING THE INTERSECTION WITH 27TH AVENUE

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One:Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the following thereto: All vehicles traveling East/West on 15th Place shall stop before entering the intersection with 27th Avenue. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: May 7, 2007

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PUBLISHED: May 11, 200730. It was moved by Alderman Casey, seconded by Alderman Sinclair, to adopt Ordinance 25-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of zero (0), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after May 12, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha.Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes.Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 48th Ward of the 5th District of the City of Kenosha, subject to the Ordinances, rules and

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regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and May 12, 2007, as provided by law.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: May 7, 2007PUBLISHED: May 11, 2007NOTE: MAPS AND EXHIBITS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICE.

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ZONING ORDINANCES 2ND READING

31. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Ordinance 26-07. A public hearing was held. No one spoke. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 6314 – 60TH STREET FROM A-2 AGRICULTURAL LAND HOLDING TO B-2 COMMUNITY BUSINESS DISTRICT [Solovey]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z8-07 be, and the same hereby is, zoned and districted asindicated on said map. Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 5th day of April, 2007, as required in Section 10.02 A. of the Zoning Ordinance. Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: May 7, 2007PUBLISHED: May 11, 200732. It was moved by Alderman Ruef, seconded by Alderman Misner to approve Ordinance 27-07. A public hearing was held. Ten (10) people spoke. It was moved and seconded by allow Alderman Pitts to abstain. On a voice vote, motion carried.32.1 It was then moved by Alderman Frederick, seconded by Alderman Pacetti, to approve with an amendment to the second sentence of the first paragraph under Section Three 22. Large Scale Commercial Development in the B-2, B-3 and B-4 Didstricts: Unless otherwise approved by the Review Authority...... . On a roll call vote, motion carried (12-1) with Alderman Marks not voting, Alderman Pitts abstaining and Alderman Butler voting nay. 32.2 It was then moved by Alderman Frederick, seconded by Alderman Pacetti to amend by excluding outlot buildings of less than

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10,000 s.f. From being counted toward the overall total of 200,000 s.f. Development limit (Section 3, 4.06 B.22(b)). On roll call vote, motion carried unanimously . On roll call vote, motion to adopt Ordinance 27-07 as amended carried (10-4) with Aldermen Spair, Butler, Downing and Polzin voting nay and Alderman Pitts abstaining and said ordinance was thereupon adopted as follows:

ZONING ORDINANCE NO. 27-07

BY: THE MAYORTO AMEND, CREATE, RENUMBER, AND REPEAL AND RECREATE VARIOUS SECTIONS OF THE

ZONING ORDINANCE FOR THE CITY OF KENOSHA, WISCONSIN, REGARDING UNIFIED‶ BUSINESS CENTERS″ AND LARGE SCALE COMMERCIAL DEVELOPMENT″‶

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: The Title of Section 4.06 B.14 of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby amended by deleting the term Shopping Centers″ therefrom, and substituting the term Unified Business‶ ‶ Centers″ therefor. Section Two: Section 4.06 B.14.f.(4) of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby created as follows: (4). Hours of Operation. Applicant shall indicate the hours of operation for the constituent units of the Unified Business Center. The Review Authority may establish limits on the hours of operation based on site location, adjacent land uses and/or impact of the development. Section Three: Section 4.06 B.22. Of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follow: 22.Large Scale Commercial Development in the B-2, B-3 and B-4 Districts. Unless otherwise approved by the Review Authority, Large Scale Commercial Development shall comply with the following additional requirements: a.Location. One of the following criteria shall be met: (1)The property is located west of the centerline of State Trunk Highway 31 (STH 31″)(Green Bay Road); or, (2)‶ The property abuts the east right-of-way line of State Trunk Highway 31 (STH 31″)(Green Bay Road); or, (3)‶ The property is located east of the centerline of (STH 31″)(Green Bay Road), and has an existing building of one hundred thousand (100,000) square feet or greater, or a group of buildings with a total square footage of two hundred thousand (200,000) square feet or greater. New development shall only occur on the site if one of the following occurs:(a) Existing buildings on the site are razed. New buildings shall not exceed the total square footage of razed buildings; or,(b) Platted lots may be developed or redeveloped with a freestanding building provided the new building or addition does not exceed one hundred thousand (100,000) square feet, and the total square footage of all buildings within the site do not exceed two hundred thousand (200,000) square feet. If the combined total building square footage on an outlot is less than ten thousand (10,000) square feet, the square footage shall not be counted towards the two hundred thousand (200,000) square foot building site limit. b. Building, Site, Drainage, Landscape and Utility Plans shall comply with all City and State Ordinances, laws, rules and regulations.c. Development shall comply with all respects to any adopted Master Plan, Comprehensive Plan or Neighborhood Building Plan applicable to subject property.d. Design and Site Layout additional standards as defined in Sections 4.0 and 14.0 of the City Zoning Ordinance, and comply with the following standards, whichever is more restrictive:(1)Building Requirements. Articulation consisting of recesses and/or projections shall be of at least a minimum depth and/or project six (6') feet and constitute a minimum of twenty (20%) percent of the structure’s facades. In no event shall an uninterrupted facade extend more than one hundred (100') feet.(2) Site Requirements. No more than seventy-five (75%) percent of the parking can be located between the front facade and the primary street. Pedestrian walkways from sidewalks to entrances and adjacent to buildings shall be provided.(3) Compliance with Section 4.06 B.14. of the Zoning Ordinance for properties zoned B-2 and B-3.(4) Compliance with Section 4.06 B.21. of the Zoning Ordinance for properties zoned B-4.e. Operational Plan: (1) Provide copies of any restrictive covenants regulating development, design, open space management or site

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maintenance.(2) Capital cost summary, include total estimated value of the completed development (buildings, site improvements, landscaping and special features); expected date of commencement of the development of the site, including a statement outlining the amount of construction which constitutes "commencement of physical development of the site" (as mutually agreed upon by the petitioner and Review Authority); and a written construction schedule which details construction and development staging. (3) Shopping cart management shall include, but not be limited to: (a) installation of adequate parking lot cart corrals;(b)retrieval of off-premise shopping carts on a daily basis; (c) placement of loose on-premises shopping carts in car corrals at least every four (4) hours during hours open for business; and, (d) movement of all carts into the store from the parking lot corrals at closing time. For stores open on a 24-hour basis, all carts shall be brought into the store at eight (8) hour intervals. f. Parking, Loading and Traffic Plan showing: (1) Location, arrangement and dimensions of all parking spaces, aisles and drives. (2) Truck loading spaces and docks. (3) Number of parking spaces provided per 1,000 square feet of GLA and the number of loading spaces provided per gross floor area.(4) Traffic circulation and control patterns within the site. g. Access and Traffic Control as reviewed and approved by the City Traffic Engineer shall meet the following requirements: (1) Driveway approaches and access points shall meet the applicable provisions of §5.085 "Driveway Approaches" of the City Code of General Ordinances. (2) There must be sufficient on-site storage to accommodate at least three (3) queued vehicles waiting to park or exit without using any portion of the street right-of-way. (3) Driveway locations for loading and unloading activities shall not hinder vehicle ingress or egress.(4) Provisions for internal circulation between adjacent parcels should be provided through coordinated or joint parking and traffic systems, or other methods approved by the City Traffic Engineer. h. Off-street Parking Facilities as reviewed and approved by the City Traffic Engineer and Review Authority shall meet the requirements of §6.01 of the Zoning Ordinance and the design standards of §5.8 "Parking Facilities" of the City Code of General Ordinances. i. Off-street Loading Facilities as reviewed and approved by the Review Authority shall meet the requirements of §6.02 of the Zoning Ordinance and applicable design standards of §5.085 "Driveway Approaches" of the City Code of General Ordinances and in addition: (1) The design of loading facilities shall not hinder any part of the internal traffic system for moving vehicular traffic. (2) Loading facilities shall be clearly marked.(3) The Review Authority may require loading facilities to be screened as outlined in §4.05 E. 2. of the Zoning Ordinance. (4) Buildings less than 7,000 square feet do not have to provide a loading space. j. Exterior Lighting shall be arranged, oriented or shielded in such a manner as to not directly radiate or glare onto residential lots in a residential district, or create a traffic hazard. No flashing lights within 150 feet of a residential district. k. Hours of Operation. Applicant shall indicate the hours of operation for the development. The Review Authority may, at its discretion, establish limits on the hours of operation which are compatible with site location, adjacent uses and the overall impact of the development.m. Other issues which may have an adverse social, economic, or environmental impact or affecting the health, safety or welfare of abutting or neighboring properties or the City as a whole.Section Four: Section 4.06 E. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby repealed and recreated as follows:E. All Conditional Use Permits. All applicants for Conditional Use Permits may be required to submit an Economic Impact Assessment, and/or a Traffic Impact Assessment. 1. Economic Impact Assessment. An Economic Impact Assessment may be prepared by the Department of City

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Development, or if required by the Department of City Development, by an outside consulting expert, the expense for which shall be the responsibility of the applicant. The Economic Impact Assessment shall weigh the positive and negative impacts of the proposed development upon the City economy with due consideration of the following:Type of business/service proposed; Job retention and creation, including quantity and quality of jobs created;Tax base; Public costs and improvements;Environmental impacts;Community cohesion and stability; Property values;Community institutions and services; Utilities; and, Traffic and public safety. The applicant, at any time in the application and review process, may submit their own Economic Impact Assessment, which shall be considered by the reviewing authority. The Department of City Development may require the applicant to submit a professionally prepared Economic Impact Assessment.2. Traffic Impact Assessment. A Traffic Impact Statement shall be prepared by the City Department of Public Works, or if required by the Department of Public Works, by an outside consulting expert, the expense for which shall be the responsibility of the applicant, which may assess the impact of motor vehicle traffic generated by the proposed development on existing streets which will serve the proposed development, and which shall assess the need for new streets, parking facilities, and traffic control devices generated by the proposed development. The applicant, at any time in the application and review process, may submit their own Traffic Impact Assessment. The Department of Public Works may require the applicant to submit a professionally prepared Traffic Impact Assessment. Section Five: Section 12.0 B. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby amended by repealing and recreating the following definition: Large Scale Commercial Development. A commercial development which contains building(s) exceeding two hundred thousand (200,000) square feet of total building area and/or a single-building or individual tenant space exceeding one hundred thousand (100,000) square feet of building in area, and meets the criteria of Section 4.06 B.22.a. Section Six: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: May 7, 2007PUBLISHED: May 11, 2007

RESOLUTIONSIt was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Resolutions 44-07 through 47-07 (items 33 through 36). On roll call vote, motion carried unanimously.33. RESOLUTION NO. 44-07

BY: FINANCE COMMITTEETO CORRECT

RESOLUTION # 002-07FOR BOARDING AND SECURING

WHEREAS, Resolution # 002-07 for boarding and securing for various parcels of property during 2006, as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha, was passed by the Kenosha Common Council on January 17, 2007; and,WHEREAS, it has been determined that Parcel #05-123-06-432-011 (6820 Sheridan Road) was incorrectly billed in the amount of $491.92, and that said parcel should have been billed in the amount of $259.80; NOW, THEREFORE, BE IT RESOLVED, by the Kenosha Common Council that the assessment charged against Parcel # 05-123-06-432-011 (6820 Sheridan Road) be changed to $259.80; and, that the total amount of the resolution be decreased by $232.12, so that the total amount of the resolution is $3,839.48.Passed this 7th day of May, 2007.

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34. RESOLUTION NO. 45-07BY: FINANCE COMMITTEE

To Specially Assess Certain Parcels of Property for Boarding and Securing BE IT RESOLVED, that special assessments for boarding and securing during 2007, in the total amount of $1,758.24, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 7th day of May, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


To Specially Assess Certain Parcels of Property for Reinspection Fees BE IT RESOLVED, that special assessments for reinspection fees during 2007, in the total amount of $320.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 7th day of May, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


SAFETYANDWELFARETO REMOVE THE EXISTING "10 MINUTE PARKING WEST TO CORNER, 8 A.M. TO 4 P.M., MONDAY - FRIDAY"

RESTRICTION ON THE SOUTH SIDE OF 46TH STREET FROM 8TH AVENUE EAST APPROXIMATELY SEVENTY (70') FEET

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the existing "10 MINUTE PARKING WEST TO CORNER, 8 A.M. TO 4 P.M., MONDAY - FRIDAY" restriction on the South side of 46th Street from 8th Avenue East approximately seventy (70') feet, is hereby removed and rescinded.Adopted this 7 day of May, 2007.

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APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK 37. It was moved by Alderman Sinclair, seconded by Alderman Downing, to adopt Resolution 48-07. On a roll call vote, motion carried and said resolution was thereupon adopted as follows: RESOLUTION 48-07

TO AMEND SECTION V"PROHIBITION ON EMPLOYMENT OF RELATIVES" OF THE CIVIL SERVICE RULES AND REGULATIONS

FOR THE CITY OF KENOSHA By: Parks Commission

WHEREAS, the Civil Service Ordinance Section V precludes that no person can be employed who has a relative already employed by the City, including seasonal lifeguards; and WHEREAS, Lifeguards are hired seasonally to guard Washington Park and Anderson Park Pools; andWHEREAS, Charter Ordinance No. 29, Article V provides the Common Council the ability to amend the Civil Service Rules and Regulations to improve City of Kenosha employment practices.NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin to approve the amended Section V (Prohibition of Relatives) of the Civil Service Rules and Regulations as provided on Appendix A (on file in the Office of the City Clerk) for a one year trial basis, to be effective upon passage. Such change may be extended beyond this period as authorized by the Civil Service Commission.Adopted this 7th day of May, 2007. APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK38. The proposed resolution: By the Mayor – Recognition of the HarborPark Market Committee as Kenosha Common Markets, Inc. and the Independent Not for Profit Corporate Status of Kenosha Common Markets, Inc. was deferred at the Finance Committee meeting held previous to this meeting. It was moved by Alderman Ruef, seconded by Alderman Haugaard, to adopt Resolutions 49-07 through 52-07 (items 39 through 42). On roll call vote, motion to adopt Resolutions 49-07 through 52-07 carried.39. RESOLUTION NO. 49-07

BY: COMMITTEE ON PUBLIC WORKSTO ORDER THE COST OF PUBLIC SIDEWALK AND/OR DRIVEWAY APPROACH

CONSTRUCTION AND/OR REPLACEMENT TO BE SPECIALLY ASSESSED TO ABUTTING PROPERTY

WHEREAS, on the 7th day of May, 2007, the Common Council of the City of Kenosha, Wisconsin, held a properly noticed Public Hearing and heard all persons wishing to be heard regarding public sidewalk and/or driveway approach construction, and/or replacement, at the cost of owners of parcels of property listed in a report on file in the Office of the Department of Public Works for the City of Kenosha, Wisconsin, which abut the following Streets:7th Avenue Resurfacing (49th Street to Sheridan Road)NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 5.05 of the Code of General Ordinances, and Section 66.60(16), Wisconsin Statutes:1. The owner of each parcel described on file may have the sidewalk and driveway approach abutting said parcel constructed, repaired or replaced ( Work″) on or before the 2nd day of July, 2007, upon obtaining a proper permit‶ under Chapter 5 of the Code of General Ordinances.2. If the owner fails to complete such Work within the time specified, the Common Council shall cause the Work to be done at the expense of the property owner by contract let to the lowest responsible bidder, and the Work will

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be paid for by assessing the cost of the Work to the benefited property. Invoices for said Work will be sent out on or about the 1st of November. If the cost of Work is under One Hundred ($100.00) Dollars, it shall be paid in its entirety within thirty (30) days of receipt of invoice. If the cost of Work is over One Hundred ($100.00) Dollars, it may be paid in its entirety within thirty (30) days of receipt of invoice, and if not so paid, placed on the tax roll for a period of three (3) years at an interest rate of seven and one-half (7.5%) per annum. If not paid within the period fixed, such a delinquent special charge shall become a lien as provided in Section 66.60(15), Wisconsin Statutes, as of the date of such delinquency, and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge.3. The Director of Public Works shall serve a copy of this Resolution on each property owner by publishing the same in the official newspaper, together with a mailing by first class mail to the owner, if their post office address is known or can be ascertained with reasonable diligence.Adopted this 7th day of May, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK 40. RESOLUTION NO. 50-07

BY: COMMITTEE ON PUBLIC WORKS

PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY ASSESSMENTS FORRESURFACING PHASE II

FOR HAZARDOUS WALK AND DRIVEWAY APPROACH REPAIR ONLYPROJECT #07-1015

WHEREAS, it is expedient, necessary and in the best interest of the City of Kenosha, and for benefit of the property affected thereby that improvements in street right-of-ways: sidewalk and/or driveway approaches.65th Street - 39th Avenue to 44th Avenue, 40th Avenue - 65th Street to 67th Street,63rd Street – 1 Block East of 39th Avenue & 52nd Avenue - 67th Street North to 51st AvenueNOW, THEREFORE, BE IT RESOLVED, By the Common Council of Kenosha, Wisconsin:1. The Common Council hereby declares its intention to exercise its police power under Section 66.60, Wisconsin Statutes, to levy special assessments on all property fronting upon both sides of the street within the above limits for benefits conferred upon property by improvement of the streets enumerated above.2. Said public improvement shall include the improvements in street right-of-ways: sidewalk and/or driveway approaches.3. The Common Council determines that the improvements constitute an exercise of the police power and the amount assessed against each parcel shall be based on a per front foot or per square foot rate.4. The assessments against any parcel may be paid in a lump sum or in three (3) annual installments, at the election of the property owner.5. The Board of Public Works is directed to prepare a report consisting of:a. Preliminary plans and specifications for said improvements.b. An estimate of entire cost of the proposed improvements and in street right-of-way.

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c. Schedule of proposed assessments.6. Upon receiving the report of the Board of Public Works (Public Works Committee), the Clerk is directed to give notice of public hearings on such report, as specified in Section 66.60(7) of the Wisconsin Statutes. The hearings shall be held at the Municipal Office Building at a time set by the Clerk, in accordance with Section 66.60(7), Wisconsin Statutes.Adopted this 7th day of May, 2007, A.D.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

41. RESOLUTION NO: 51-07BY: THE PUBLIC WORKS COMMITTEE

TO APPROVE A TWO-LOT CERTIFIED SURVEY MAPProperty located at 7600 75th Street (Moore)

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map relating to two (2) parcels located at 7600 75th Street is herein and hereby approved subject to the following conditions:1.Compliance with all applicable State and City codes and ordinances.2.Payment of all applicable fees, including recording fees.3.Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided.4.The footprints of existing buildings and improvements must be shown to verify that all setbacks and parking requirements are met.5.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.6.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council.7.A note shall be placed on the Certified Survey Map stating that no development shall occur on Parcel B until such time as a detailed Drainage Plan is submitted for review and approval by the City Engineer.Adopted this 7 day of May, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

42. Resolution No. 52-07By: the Mayor

RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $4,275,000GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2007A

WHEREAS the City of Kenosha, Kenosha County, Wisconsin (sometimes hereinafter called the "City") is presently in need of the sum of Four Million Two Hundred Seventy-Five Thousand Dollars ($4,275,000) for the public purpose of paying the cost of projects included in the City’s 2007 Capital Improvement Plan, including street improvement projects, drainage system improvements, park improvements, museum improvements, mass transit improvements and municipal equipment acquisition; andWHEREAS the Common Council deems it necessary and in the best interest of the City that the monies needed for such purpose be borrowed by issuing general obligation promissory notes pursuant to the provisions of Section 67.12(12), Wis. Stats., upon the terms and conditions hereinafter provided;NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Kenosha County, Wisconsin, that:Section 1. Sale of Notes. The City shall sell and deliver its $4,275,000 General Obligation Promissory Notes,

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Series 2007A (the "Notes"), issued for the purpose above stated, to Piper Jaffray & Co. (the "Purchaser") for the purchase price set forth in the Note Purchase Agreement attached hereto as Exhibit A (on file in the Office of the City Clerk) and incorporated herein by this reference (the "Proposal"). The Proposal is hereby approved, and the appropriate City officials are hereby authorized and directed to execute the same.Section 2. The Notes. The Mayor and City Clerk shall make, execute and deliver the Notes to the Purchaser, for and on behalf of the City. The Notes shall be negotiable, general obligation promissory notes of the City, registered as to both principal and interest, in the denomination of Five Thousand Dollars ($5,000) each or whole multiples thereof, numbered from R-1 upward and dated May 21, 2007. The Notes shall bear interest at the rates per annum set forth in the Proposal and shall mature on April 1 of each year, in the years and principal amounts set forth in the Proposal and the debt service schedule attached hereto as Exhibit B (on file in the Office of the City Clerk) and incorporated herein by this reference (the "Schedule").Interest on the Notes shall be payable on April 1 and October 1 of each year, commencing April 1, 2008. The Notes are not subject to optional redemption. Section 3. Form of Notes. The Notes shall be in substantially the form attached hereto as Exhibit C (on file in the Office of the City Clerk) and incorporated herein by this reference.Section 4. Tax Provisions.(A) Direct, Annual Irrepealable Tax. For the purpose of paying the principal of and interest on the Notes as the same become due, the full faith, credit and resources of the City are hereby irrevocably pledged and there be and there hereby is levied on all the taxable property in the City a direct, annual, irrepealable tax in the years 2007 through 2016 for payment of principal of and interest on the Notes in the years 2008 through 2017 in the amounts set forth in the Schedule. (B) Tax Collection. The City shall be and continue without power to repeal such levy or obstruct the collection of said tax until all such payments have been made or provided for. After the issuance of the Notes, said tax shall be, from year to year, carried into the tax rolls of the City and collected as other taxes are collected, provided that the amount of tax carried into said tax rolls may be reduced in any year by the amount of any surplus money in the Debt Service Account created in Section 5(A) hereof.(C) Additional Funds. If at any time there shall be on hand insufficient funds from the aforesaid tax levy to meet principal and/or interest payments on said Notes when due, the requisite amounts shall be paid from other funds of the City then available, which sums shall be replaced upon the collection of the taxes herein levied.Section 5. Debt Service Fund and Account.(A) Creation and Deposits. There be and there hereby is established in the treasury of the City, if one has not already been created, a debt service fund, separate and distinct from every other fund, which shall be maintained in accordance with generally accepted accounting principles. Sinking funds established for obligations previously issued by the City may be considered as separate and distinct accounts within the debt service fund.Within the debt service fund, there be and there hereby is established a separate and distinct account designated as the "Debt Service Account for $4,275,000 'General Obligation Promissory Notes, Series 2007A,' dated May 21, 2007" (the "Debt Service Account") and such account shall be maintained until the indebtedness evidenced by the Notes is fully paid or otherwise extinguished. The City Treasurer shall deposit in such Debt Service Account (i) all accrued interest received by the City at the time of delivery of and payment for the Notes; (ii) the taxes herein levied for the specific purpose of meeting principal of and interest on the Notes when due; (iii) such other sums as may be necessary at any time to pay principal of and interest on the Notes when due; (iv) any premium which may be received by the City above the par value of the Notes and

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accrued interest thereon; (v) surplus monies in the Borrowed Money Fund as specified in Section 6 hereof; and (vi) such further deposits as may be required by Sec. 67.11, Wis. Stats.(B) Use and Investment. No money shall be withdrawn from the Debt Service Account and appropriated for any purpose other than the payment of principal of and interest on the Notes until all such principal and interest has been paid in full and canceled; provided (i) the funds to provide for each payment of principal of and interest on the Notes prior to the scheduled receipt of taxes from the next succeeding tax collection may be invested in direct obligations of the United States of America maturing in time to make such payments when they are due or in other investments permitted by law; and (ii) any funds over and above the amount of such principal and interest payments on the Notes may be used to reduce the next succeeding tax levy, or may, at the option of the City, be invested by purchasing the Notes as permitted by and subject to Section 67.11(2)(a), Wis. Stats., in interest-bearing obligations of the United States of America, in other obligations of the City or in other investments permitted by law, which investments shall continue to be a part of the Debt Service Account.(C) Remaining Monies. When all of the Notes have been paid in full and canceled, and all permitted investments disposed of, any money remaining in the Debt Service Account shall be deposited in the general fund of the City, unless the Common Council directs otherwise.Section 6. Proceeds of the Notes. All monies received by the City upon the delivery of the Notes to the Purchaser thereof, except for accrued interest and premium, if any, shall be deposited by the City Treasurer into a special fund (the "Borrowed Money Fund") which shall be maintained separate and distinct from all other funds of the City and shall be used for no purpose other than the purpose for which the Notes are issued. Monies in the Borrowed Money Fund may be temporarily invested as provided in Section 66.0603(1m), Wis. Stats. Any monies, including any income from permitted investments, remaining in the Borrowed Money Fund after the purpose for which the Notes have been issued has been accomplished, and, at any time, any monies as are not needed and which obviously thereafter cannot be needed for such purpose shall be deposited in the Debt Service Account.Section 7. No Arbitrage. All investments permitted by this resolution shall be legal investments, but no such investment shall be made in such a manner as would cause the Notes to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or the Regulations of the Commissioner of Internal Revenue thereunder (the "Regulations"); and an officer of the City, charged with the responsibility for issuing the Notes, shall certify as to facts, estimates, circumstances and reasonable expectations in existence on the date of closing which will permit the conclusion that the Notes are not "arbitrage bonds," within the meaning of the Code or Regulations.Section 8. Persons Treated as Owners; Transfer of Notes. The City Clerk shall keep books for the registration and for the transfer of the Notes. The person in whose name any Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of either principal or interest on any Note shall be made only to the registered owner thereof. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note to the extent of the sum or sums so paid.Any Note may be transferred by the registered owner thereof by surrender of the Note at the office of the City Clerk, duly endorsed for the transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing. Upon such transfer, the Mayor and City Clerk shall execute and deliver in the name of the transferee or transferees a new Note or Notes of a like aggregate principal amount, series and maturity, and the City Clerk shall record the name of each transferee in the registration book. No registration shall be made to bearer. The City Clerk shall cancel any Note surrendered for transfer.The City shall cooperate in any such transfer, and the Mayor and City Clerk are authorized to execute any new Note or Notes necessary to effect any such transfer.The fifteenth day of each calendar month next preceding each interest payment date shall be the record dates for the Notes. Payment of interest on the Notes on any interest payment date shall be made to the registered owners of the Notes as they appear on the registration book of the City at the close of business on the corresponding record date.Section 9. Compliance with Federal Tax Laws. (a) The City represents and covenants that the projects financed by the Notes and their ownership, management and use will not cause the Notes to be "private activity bonds"

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within the meaning of Section 141 of the Code. The City further covenants that it shall comply with the provisions of the Code to the extent necessary to maintain the tax-exempt status of the interest on the Notes including, if applicable, the rebate requirements of Section 148(f) of the Code. The City further covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Notes) if taking, permitting or omitting to take such action would cause any of the Notes to be an arbitrage bond or a private activity bond within the meaning of the Code or would otherwise cause interest on the Notes to be included in the gross income of the recipients thereof for federal income tax purposes. The City Clerk or other officer of the City charged with the responsibility of issuing the Notes shall provide an appropriate certificate of the City certifying that the City can and covenanting that it will comply with the provisions of the Code and Regulations.(b) The City also covenants to use its best efforts to meet the requirements and restrictions of any different or additional federal legislation which may be made applicable to the Notes provided that in meeting such requirements the City will do so only to the extent consistent with the proceedings authorizing the Notes and the laws of Wisconsin and to the extent that there is a reasonable period of time in which to comply.Section 10. Designation as Qualified Tax-Exempt Obligations. The Notes are hereby designated as "qualified tax-exempt obligations" for purposes of Section 265 of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations.Section 11. Utilization of The Depository Trust Company Book-Entry-Only System. In order to make the Notes eligible for the services provided by The Depository Trust Company, New York, New York, the City agrees to the applicable provisions set forth in the Blanket Issuer Letter of Representations previously executed on behalf of the City and on file in the City Clerk's office.Section 12. Undertaking to Provide Continuing Disclosure. The City covenants and agrees, for the benefit of the holders of the Notes, to enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. The Undertaking shall be enforceable by the holders of the Notes or by the original purchaser(s) of the Notes on behalf of such holders (provided that the rights of the holders and the purchaser(s) to enforce the Undertaking shall be limited to a right to obtain specific performance of the obligations thereunder and any failure by the City to comply with the provisions of the Undertaking shall not be an event of default with respect to the Notes).The City Clerk, or other officer of the City charged with the responsibility for issuing the Notes, shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the City's Undertaking.Section 13. Records. The City Clerk shall provide and keep a separate record book and shall record a full and correct statement of every step or proceeding had or taken in the course of authorizing and issuing these Notes.Section 14. Bond Insurance. If the Purchaser of the Notes determines to obtain municipal bond insurance with respect to the Notes, the officers of the City are authorized to take all actions necessary to obtain such municipal bond insurance. The Mayor and City Clerk are authorized to agree to such additional provisions as the bond insurer may reasonably request and which are acceptable to the Mayor and City Clerk including provisions regarding restrictions on investment of Note proceeds, the payment procedure under the municipal bond insurance policy, the rights of the bond insurer in the event of default and payment of the Notes by the bond insurer and notices to be given to the bond insurer. In addition, appropriate reference to the municipal bond insurance policy shall be made in the form of Note provided herein.Section 15. Closing. The Mayor and City Clerk of the City are hereby authorized and directed to execute and deliver the Notes to the Purchaser thereof upon receipt of the borrowed funds, accrued interest to date of delivery and premium, if any. The Mayor and City Clerk may execute the

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Notes by manual or facsimile signature, but at least one of said officers shall sign the Notes manually.The officers of the City are hereby directed and authorized to take all steps necessary or convenient to close this issue as soon as practicable hereafter, in accordance with the terms of sale thereof; and said officers are hereby authorized and directed to execute and deliver such documents, certificates and acknowledgments as may be necessary or convenient in accordance therewith.Adopted this 7th day of May, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NOS. 80-4-222-292-0290 AND 80-4-222-242-0300, ALSO KNOWN AS

1932 – 30TH AVENUE AND 2004 – 30TH AVENUE, RESPECTIVELY, IN THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF

KENOSHA/TOWN OF SOMERS COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [Stanich and Stanich, L.L.C.– Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel Nos. 80-4-222-242-0290 and 80-4-222-242-0300, also known as 1932 - 30th Avenue and 2004 - 30th Avenue, respectively, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on May 12, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel Nos. 80-4-222-242-0290 and 80-4-222-242-0300, also known as 1932 - 30th Avenue and 2004 - 30th Avenue, respectively, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel Nos. 80-4-222-242-0290 and 80-4-222-242-0300, also known as 1932 - 30th Avenue and 2004 - 30th Avenue, respectively, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 7th day of May, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


It was moved by Alderman Ruef, seconded by Alderman Robinson, to approve:44. Appointment of Anita Faraone to the City Plan Commission to fulfill an unexpired term which will expire

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May 1, 2009.45. Reappointments to the City Plan Commission for terms which will expire May 1, 2010:a. Kathleen Barcab. Tim Mahone46. Appointment of Marty Huff to the Museum Board for term to expire May 1, 2010.47. Reappointments to the Museum Board for terms to expire May 1, 2010:a. Diana Pearsonb. Ruth VanDykec. Leo Chiappetta48. Reappointments to the Zoning Board of Appeals for terms to expire May 1, 2010:a. John E. Setterb. Fred Haerter On roll call vote, motion carried (14-1) with Alderman Downing voting nay.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS49. It was moved by Alderman Ruef, seconded by Alderman Robinson, to approve Award of Contract for Project #07-1208 Sidewalk & Curb/Gutter Program (67th Street to 75th Street – Pershing Blvd to 44th Court & Miscellaneous Locations) to Mann Bros., Inc., in the amount of $549,000. (All Districts) On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Pitts, seconded by Alderman Ruef, to defer items 50 & 51:50. 2007 4th of July Fireworks Contract to Spectrum Phyrotechnics for a term of one year.51. Contract with Lakeside Tree Care for Parkway Tree Trimming. On a voice vote, motion carried.52. It was moved by Alderman Robinson, seconded by Alderman Ruef to approve Offer of Sale Agreement for 15 feet of property located at the Southeast Corner of 5th Avenue and 57th Street. Aldermanic District 2 (Stavros Salapatas) On roll call vote, motion carried unanimously.53. It was moved by Alderman Ruef, seconded by Alderman Ruffolo to approve Offer of Sale Agreement for property at 715 56th Street (Parcel #12-223-31-477-022), Aldermanic District #2. (Kenosha Area Chamber of Commerce) On roll call vote, motion carried unanimously.54. The Agreement with Town of Somers for Acceptance of Yardwaste, Brush and Branch from Somers Residents at City of Kenosha Yardwaste Drop-Off Site was deferred at the Finance Committee meeting held previous to this meeting. 55. It was moved by Alderman Pitts, seconded by Alderman Robinson, to approve Street Encroachment Agreement with LEXCO Tile and Stone (5915 52nd Street). On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE

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It was moved by Pitts, seconded by Robinson, to:56. Receive and File KABA 1st Quarter Loan Reports (RLF and UDAG)57. Approve request from Kenosha County Historical Society & Museum, Inc. for an Extension To Their 2006 CDBG Subgrantee Agreement.58. Approve of 2007 Sidewalk Rates. By the Mayor – Recognition of the HarborPark Market Committee as Kenosha Common Markets, Inc. and the Independent Not for Profit Corporate Status of Kenosha Common Markets, Inc. 59. Approve Disbursement Record #7 – $15,956,201.69. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS It was moved by Alderman Pitts, seconded by Alderman Robinson to:60. Approve request from Kenosha Unified School District No. 1 for sidewalk construction along Birch Road .61. Approve Alderman request to order in sidewalk along the west side of 14th Avenue from 22nd Street to 25th Street. (District 1) 62. Approve Alderman request to order in sidewalk along the east side of 39th Avenue from 40th Street to 45th Street. (District 10) 63. Approve Final Acceptance of Project #05-1015 2005 Resurfacing Phase II (14th Place - 32nd Avenue to 35th Avenue, 32nd Avenue - 14th Place to 15th Street, 18th Avenue -15th Street to Cul-de-Sac North) completed by Payne & Dolan, Inc., in the amount of $131,615,94. (District 1 & 4)64. Approve Macwhyte Site Utility Easement Authorization of Letter of Intent. (Districts 1 & 6) On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Ruef, seconded by Alderman Pitts, to adjourn at 10:15 p.m. On a voice vote, motion carried.Approved:JOHN M. ANTARAMIAN MAYORAttest:DEBRA L. SALASDEPUTY CITY CLERK

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May 21, 2007John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200May 21, 2007

At a meeting of the Common Council held this evening, Acting Mayor, Donald Holland presided. The meeting was called to order at 7:08 p.m. On roll call, the following members of the Common Council were present: Aldermen Moldenhauer, Robinson, Ruef, Butler, Frederick, Casey, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Excused: Aldermen Haugaard, Ruffolo, Sinclair, Spair, and Marks. The invocation was given by Alderman Moldenhauer. Acting Mayor Holland then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Ruef, seconded by Alderman Robinson, to approve the minutes of the meeting held May 7, 2007. Motion carried unanimously. No one spoke during Citizen's Comments.

MATTERS REFERRED TO THE COMMITTEES BY THE MAYORa. The following proposed ordinance was referred to the Finance, Public Works and Public Safety & Welfare Committees: By: Alderman Frank J. PacettiTo Repeal and Recreate Section 1.03 E.7. of the Code of General Ordinances, Regarding Excusing an Alderman from Voting During Common Council Meetings.

TO THE CITY PLAN COMMISSION1. To Amend the Official Map for the City of Kenosha, Wisconsin, To Include the Attachment of Parcels #80-4-222-333-0260 and #80-4-222-333-0280, also known as 5811 88th Avenue and 8622 60th Street, Respectively, in the Town of Somers, Kenosha County, Wisconsin, in Accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes. (Friedrich & M. Danah, LLC)2. Petition to rezone property at 6315 3rd Avenue from IP Institutional Park to RS-1 Single-Family Residential District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #2. (Stone)3. Petition to rezone property at 6220 and 6300 67th Street from B-2 Community Business District to RM-3 Elderly and Handicapped Housing District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #17. (Stanonik)4. Petition to rezone property at 1621 50th Street from B-2 Community Business District to RG-2 General Residential District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #7. (Kovacevich)5. Request for a Distance Exception for a four-bed Community Living Arrangement to be located at 9211 66th Street, Aldermanic District #17. (Crabtree Residential Living)


OF DEPARTMENTS6. It was moved by Alderman Downing, seconded by Alderman Pitts, to approve:a. 18 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 1 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk.

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e. 2 Amusement & Recreation Enterprise Supervisor license(s). On a voice vote, motion carried.7. It was moved by Alderman Robinson, seconded by Alderman Pitts, to approve Conditional Use Permit Amendment for a Homeless Shelter at 7307 40th Avenue, Aldermanic District #14. (INNS/St. Mary's Catholic Church) A public hearing was held. One (1) person spoke. On a voice vote, motion carried. It was moved by Alderman Ruef, seconded by Alderman Casey, to: 8. Receive and file Amendment to the City of Kenosha Bicycle and Pedestrian Facilities Plan and Certification to the Common Council, City Plan Commission Resolution #03-07. 9. Receive and file Amendment to the Corridor Land Use Plan for Property Located at the Southeast Corner of 64th Street and Green Bay Road, City Plan Commission Resolution #02-07. 10. Receive and file communication regarding Award of Bid for Official City Newspaper (June 1, 2007 through May 31, 2008). On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS11. It was moved by Alderman Pitts, seconded by Alderman Robinson, to approve applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Charles A. Heckerb. Kelly L. Restarskic. Amelia M. Allen-50 demerit points:d. Alexander D. Wiersum-60 demerit points:e. Edward E. Fisher-75 demerit points:f. Robin L. George A hearing was held. Applicant f. was present and spoke. On a voice vote, motion carried.12. It was moved by Alderman Ruef, seconded by Alderman Downing, to DENY application of Michael S. Cobb for a new Operator's (Bartender) license. A hearing was held. The applicant did not appear. On a voice vote, motion carried.13. It was moved by Alderman Casey, seconded by Alderman Frederick, to approve renewal application of Timothy C. Lundskow for a Taxi Drivers license, subject to 85 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.14. It was moved by Alderman Robinson, seconded by Alderman Downing, to Approve application of David A. Willis for a new Taxi Driver's license, subject to 40 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried. 15. It was moved by Alderman Robinson, seconded by Alderman Downing, to approve renewal application of Brenda R. Murray for a Taxi Driver's license, subject to 70 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried. 16. It was moved by Alderman Ruef, seconded by Alderman Polzin, to DENY application of Kevin R. Lain for a new Taxi Driver's license based on material police record and false application. A hearing was held. The applicant was present and spoke. On a voice vote, motion carried. 17. It was moved by Alderman Downing, seconded by Alderman Robinson, to approve renewal application of Griff R. Parry for an Amusement & Recreation Enterprise Supervisor License, subject to 75 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.18. It was moved by Alderman Downing, seconded by Alderman Polzin, to approve renewal applications for the following licenses with no adverse recommendations per list on file in the Office of the City Clerk:a. 2 - Theatreb. 7 - Amusement & Recreation Enterprise

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A hearing was held. No one appeared. On a voice vote, motion carried. 19. It was moved by Alderman Downing, seconded by Alderman Pitts, to approve application of US Petroleum of Kenosha, Inc., for a Transfer of Agent of the Class “A” Retail Beer license located at 8004 - 22nd Avenue (U.S. Mobil) from Abdul Rehman to Sabra Rehman, subject to 50 demerit points. (13th District) A hearing was held. The applicant did not appear.19.1 It was moved by Alderman Robinson, seconded by Alderman Frederick, to defer. 19.2 It was moved by Alderman Casey, seconded by Alderman Misner, to deny based on noncompliance, lack of cooperation, and public safety. On a voice vote, motion carried with Alderman Frederick and Downing voting no.20. It was moved by Alderman Downing, seconded by Alderman Frederick, to approve application of Rokralique of Wisconsin, Inc., Nadine Stangas, Agent, for a Class “B” Beer/”Class B” Liquor Combination License located at 504/506 - 57th Street, (Stonewall Grille) with acceptance of a conditional surrender of a similar license at the same location from Stonewall, LLC, Karen Korsmo, Agent, subject to holds. A hearing was held. Peter Stangas was present and spoke.20.1 It was moved by Alderman Downing, seconded by Alderman Robinson, to approve subject to holds. On roll call vote, motion failed (6-6) with Alderman Holland, Robinson, Frederick, Casey, Downing, and Moldenhauer voting yes. Attorney Edward Antaramian stated that the applicant should reapply.21. It was moved by Alderman Robinson, seconded by Alderman Pacetti, to approve application, subject to holds, of Jim's Food Mart, LLC, Reema Ahmad, Agent, for a Class “A” Retail Beer License located at 1625-57th Street (Jim's Food) with acceptance of a conditional surrender of a similar license at the same location from 1625-57th Street, Inc. (8th District) A hearing was held. Rick Zaher was present and spoke.21.1 It was moved by Alderman Polzin, seconded by Alderman Casey, to send back to the License/Permit Committee to get details of the conditions of the prior license. On a voice vote, motion carried. It was moved by Alderman Frederick, seconded by Alderman Downing, to take a five minute recess at 8:35pm. Council resumed at 8:45pm.22. It was moved by Alderman Ruef, seconded by Alderman Polzin, to approve application of Mac's Deli Enterprises, LLC, Kris Macarra, Agent, for a Class “A” Retail Beer license located at 2302-52nd Street (Mac's Canteen) with acceptance of a conditional surrender of a similar license at the same location from Roland Macarra, to be effective July 1, 2007. (7th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.23. It was moved by Alderman Butler, seconded by Alderman Ruef, to approve application of S & S Food, Inc., for a Transfer of of Agent Status of the Class “A” Retail Beer license located at 6830-14th Avenue (Lincoln Supermarket) from Camal Mohammad to Sharif Yasin, subject to 75 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.

ORDINANCES 1ST READINGIt was moved by Alderman Robinson, seconded by Alderman Polzin, to send the following ordinances on their way: 24. By the Committee on Licenses/Permits – To Repeal and Recreate Section 10.07 of the Code of General Ordinances, Entitled “Cabaret License” 25. By Alderperson G. John Ruffolo – To Repeal and Recreate Section 13.03 D.1. Of the Code of General Ordinances to Refine the Definition of “Peddler”; to Renumber Sections 13.03 I., J., K., L., M. and N. of the Code of General Ordinances as Sections 13.03 K., L., M., N. and P.; and, to Create Sections 13.03 I. And J. of the Code of General Ordinances Regarding Motor Vehicle Inspections and Reports, and Driver's License Requirements for Obtaining a Peddlers' Permit. 26. By the Mayor – Attachment and Temporary Rezoning District Classification – Parcels #80-4-222-333-0260 and #80-4-222-333-0280, Town of Somers. (Friedrich & M. Danah, L.L.C. - Property Owners)27. By the Mayor – To Repeal and Recreate Section V of the Civil Service Commission Ordinance

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Entitled “Prohibition on Employment of Relatives” to Include Exceptions. On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Robinson, seconded by Alderman Polzin, to send the following ordinances on their way:28. By the City Plan Commission – To Amend the City Zoning Map to Remove Portions of the Floodplain Fringe Overlay (FFO) District from Property Located at 4821 - 5th Avenue and 4827 - 5th Avenue; and, to Amend the City Zoning Map by Adding Portions of the Floodplain Fringe Overlay (FFO) District to Property Located at 4835 - 5th Avenue (Weiss) 29. By the Mayor – To Rezone Property Located at 4916 - 45th Street from A-2 Agricultural Land Holding to RS-1 Single Family Residential (Bissland) On a voice vote, motion carried.

ORDINANCES 2ND READING30. It was moved by Alderman Ruef, seconded by Alderman Polzin, to adopt Ordinance 28-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 28-07BY:COMMITTEEON PUBLIC

SAFETY AND WELFARETO AMEND SECTION 7.12 C.OF THE CODE OF GENERAL ORDINANCES, BY ADDING A

NORTH/SOUTH STOP SIGN ON 40TH AVENUE BEFORE ENTERING THE INTERSECTION WITH 13TH PLACE

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One:Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the following thereto:All vehicles traveling North/South on 40th Avenue shall stop before entering the intersection with 13th Place. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST: DEBRA L. SALAS, DEPUTY CITY CLERKPassed: Monday, May 21, 2007Published:Friday, May 25, 200731. It was moved by Alderman Robinson, seconded by Alderman Downing, to deny the proposed ordinance By Alderperson Stephen P. Casey – To Repeal and Recreate Sections 1.03 C.1. And C.2., Regarding the Committees of the Common Council. On roll call vote, motion carried (10-2) with Alderman Casey and Pacetti voting no.32. It was moved by Alderman Robinson, seconded by Alderman Downing, to deny the proposed ordinance By Alderperson Stephen P. Casey – To Repeal and Recreate Sections 10.03 C., and D., Regarding Retail and Wholesale Establishments, and Retail “Class A” Liquor Licenses.On roll call vote, motion carried (9-3) with Alderman Butler, Casey and Pitts voting no.33. It was moved by Alderman Ruef, seconded by Alderman Downing, to adopt Ordinance 29-07. A public hearing was held. One person spoke for the ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 29-07BY: ALDERMAN RONALD R. FREDERICK

TO CREATE SECTION 6.02 A.18 (4) OF THE CODE OF GENERAL ORDINANCES FOR THE CITY OF KENOSHA, WISCONSIN, REGARDING THE SALE AND CONSUMPTION OF

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FERMENTED MALT BEVERAGES, WINE AND INTOXICATING LIQUOR IN CONJUNCTION WITH THE SIMMONS ISLAND BEACHHOUSE

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 6.02 A.18.(4) of the Code of General Ordinances for the City of Kenosha, Wisconsin, is hereby created as follows:(4) The sale and consumption of alcoholic beverages is permitted at Simmons Island Beachhouse, provided that the location is appropriately licensed under State law and local ordinance. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST: DEBRA L. SALAS, DEPUTY CITY CLERKPassed: Monday, May 21, 2007Published:Friday, May 25, 2007

ZONING ORDINANCES 2ND READING34. It was moved by Alderman Ruef, seconded by Alderman Casey, to adopt Ordinance 30-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ZONING ORDINANCE NO. 30-07BY: CITY PLAN COMMISSION

TO REPEAL AND RECREATE SECTION 3.19 A.11.; TO RENUMBER SECTIONS 3.19 A.22. AND 23. AS SECTIONS 3.19 A.23. AND 24.; TO CREATE SECTION 3.19 A.22.; AND, TO

CREATE SECTION 3.19 B.7. OF THE ZONING ORDINANCE FOR THE CITY OF KENOSHA, WISCONSIN, REGARDING FOOD AND BEVERAGE SALES IN CONJUNCTION WITH

VARIOUS PERMITTED AND CONDITIONAL USES IN THE IP ZONING DISTRICTThe Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 3.19 A.11. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 11. Golf courses. a. Private including food and alcoholic beverage sales ancillary to the permitted golf course upon obtaining applicable licenses. b. Public including food and fermented malt beverage sales ancillary to the permitted golf course. Section Two: Sections 3.19 A.22. and A.23. of the Zoning Ordinance for the City of Kenosha, Wisconsin, are hereby renumbered as Sections 3.19 A.23. and 3.19 A.24. Section Three: Section 3.19 A.22. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby created as follows: 22. Restaurants located within public park buildings and grounds, upon: a. A properly executed Lease Agreement with the City of Kenosha; and, b. Obtaining applicable licensing pursuant to State law and local ordinances. Section Four: Section 3.19 B.7. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby created as follows: 7. Food and non-alcoholic beverage sales in conjunction with the following principal or conditional uses upon obtaining applicable licenses: a.Colleges, technical schools and universities. b. Conference centers and/or bed and breakfast establishments. c. Cultural institutions, including libraries, museums and art galleries. d. Hospitals. e. Public transportation uses under Section 3.19 A.23 of this Ordinance. Section Five: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST: DEBRA L. SALAS, DEPUTY CITY CLERKPassed: Monday, May 21, 2007Published:Friday, May 25, 200735. It was moved by Alderman Casey, seconded by Alderman Ruef, to adopt Ordinance 31-07. A public hearing was held. No one spoke for or against said ordinance.

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On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:REZONING ORDINANCE NO. 31-07

BY: THE MAYORZoning: TO REZONE PROPERTY LOCATED AT 8200 – 75TH STREET FROM C-2 LOWLAND

CONSERVANCY AND RM-2 MULTI-FAMILY RESIDENTIAL TO RM-2 MULTI-FAMILY RESIDENTIAL AND C-2 LOWLAND

CONSERVANCY [Heiberg]The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z9-07 be, and the same hereby is, zoned and districted as indicated on said map.Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.APPROVED:JOHN M. ANTARAMIAN, MAYOR

ATTEST: DEBRA L. SALAS, DEPUTY CITY CLERK

Passed: Monday, May 21, 2007Published:Friday, May 25, 2007Maps available for viewing in the office of the City Clerk.36. It was moved by Alderman Frederick, seconded by Alderman Polzin, to adopt Ordinance 32-07.

A public hearing was held. No one spoke for or against said ordinance.

On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

REZONING ORDINANCE NO. 32-07BY:THE MAYOR

Zoning: TO REZONE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 64TH STREET AND

GREEN BAY ROAD FROM A-2 AGRICULTURAL LAND HOLDING AND RS-1 SINGLE FAMILY

RESIDENTIAL TO IP INSTITUTIONAL PARK [Bravo Realty, L.L.C.]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z10-07 be, and the same hereby is, zoned and districted as indicated on said map.Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 19th day of April, 2007, as required in Section 10.02 A. of the Zoning Ordinance.Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST: DEBRA L. SALAS, DEPUTY CITY CLERKPassed: Monday, May 21, 2007Published:Friday, May 25, 2007Maps available for viewing in the office of the City Clerk.

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RESOLUTIONS37. It was moved by Alderman Casey, seconded by Alderman Robinson, to adopt Resolution 54-07 through 58-07 (items 37a through d).

A hearing was held. No one spoke for or against said resolutions.On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:


To Specially Assess Certain Parcels of Property for Reinspection Fees

BE IT RESOLVED, that special assessments for reinspection fees during 2007, in the total amount of $730.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.

Adopted this 21st day of May, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


To Specially Assess Certain Parcels of Property for Razing/Pre-Razing of StructuresBE IT RESOLVED, that special assessments for razing/pre-razing of structures during 2007, in the total amount of $1,064.60, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Adopted this 21st day of May, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


To Specially Assess Certain Parcels of Property for Boarding and SecuringBE IT RESOLVED, that special assessments for boarding and securing during 2007, in the total amount of $2,581.36, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Adopted this 21st day of May, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

c. RESOLUTION NO. 57-07BY: COMMITTEE ON FINANCE

TO LEVY A SPECIAL ASSESSMENT UNDER AUTHORITY OF CHARTER ORDINANCE NO. 26, AS AMENDED, UPON CERTAIN PARCELS OF LAND WITHIN THE CITY OF KENOSHA,

WISCONSIN

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WHEREAS, trash and debris located on certain parcels of land in the City of Kenosha, Wisconsin, has been ordered removed by the Health Department of the County of Kenosha, pursuant to Charter Ordinance No. 26, as amended, of the City of Kenosha, Wisconsin; and, WHEREAS, pursuant to Subsection G., Charter Ordinance No. 26, as amended, the cost of abatement, including the cost of service, mailing and publication, and a Seventy-five ($75.00) Dollar Administrative Fee, is to be specially assessed against the real estate upon which such debris and trash were located; and,WHEREAS, trash and debris has been removed by the City, through private contract, from various parcels of real estate at the costs of abatement and administration noted by a report from the Health Department dated May 4, 2007, for the City of Kenosha, a report on file in the Office of the City Clerk/Treasurer/Assessor and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Charter Ordinance No. 26, as amended, special assessments in the total amount of Two Thousand Eight Hundred Fifty-three Dollars and Thirty-seven Cents ($2,853.37) are levied against the respective parcels of property listed in the report of the Health Department on file in the Office of the City Clerk/Treasurer/Assessor for the City of Kenosha, Wisconsin, with interest thereon to be charged at seven and one-half (7.5%) percent per annum from the date of passage of this Resolution. Adopted this 21st day of May, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK38. It was moved by Alderman Casey, seconded by Alderman Robinson, to approve Resolution 58-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY ASSESSMENTS FOR HAZARDOUS SIDEWALK AND/OR DRIVEWAY APPROACH PROJECT #07-1208

SIDEWALK & CURB/GUTTER PROGRAMWHEREAS, it is expedient, necessary and in the best interest of the City of Kenosha, and for benefit of the property affected thereby that improvements in street right-of-ways: sidewalk and/or driveway approaches.(Citywide Locations) NOW, THEREFORE, BE IT RESOLVED, By the Common Council of Kenosha, Wisconsin:1. The Common Council hereby declares its intention to exercise its police power under Section 66.60, Wisconsin Statutes, to levy special assessments on all property fronting upon both sides of the street within the above limits for benefits conferred upon property by improvement of the streets enumerated above. 2. Said public improvement shall include the improvements in street right-of-ways: sidewalk and/or driveway approaches. 3. The Common Council determines that the improvements constitute an exercise of the police power and the amount assessed against each parcel shall be based on a per front foot or per square foot rate.4. The assessments against any parcel may be paid in a lump sum or in three (3) annual installments, at the election of the property owner. 5. The Board of Public Works is directed to prepare a report consisting of: a. Preliminary plans and specifications for said improvements. b. An estimate of entire cost of the proposed improvements and in street right-of-way. c. Schedule of proposed assessments. 6. Upon receiving the report of the Board of Public Works (Public Works Committee), the Clerk is directed to give notice of public hearings on such report, as specified in Section 66.60(7) of the Wisconsin Statutes. The hearings shall be held at the Municipal Office Building at a time set by the Clerk, in accordance with Section 66.60(7), Wisconsin Statutes.Adopted this 21st day of May, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYOR

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ATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK39. The following proposed resolution was deferred in the Finance Committee Meeting: By the Mayor – To Recognize the Not-for-Profit Corporation Status and Independence of Kenosha Common Markets, Inc., and to, Accordingly, Dissolve the Kenosha Public Market Committee. 40. It was moved by Alderman Robinson, seconded by Alderman Ruef, to adopt Resolution 59-07. On roll call vote, motion carried (11-0) with Alderman Pitts abstaining and said resolution was thereupon adopted as follows:


TO ADOPT A PROJECT PLAN AMENDMENT FOR TAX INCREMENTALDISTRICT NUMBER ELEVEN (11) , CITY OF KENOSHA, WISCONSIN,

UNDER SECTION 66.1105(4)(h)1., WISCONSIN STATUTESWHEREAS, Section 66.1105 of the Wisconsin Statutes, provides the authority and procedures for amending a project plan for a Tax Incremental District; andWHEREAS, the City Plan Commission on May 10, 2007, at a duly authorized, noticed and convened meeting under Section 66.1105(4)(h)1., Wisconsin Statutes, held a public hearing which afforded interested parties a reasonable opportunity to express their views on the Project Plan Amendment for Tax Incremental District Number Eleven (11), City of Kenosha, Wisconsin; and WHEREAS, the Project Plan Amendment involves amending the boundaries of the original Tax Incremental District Number Eleven (11) and expanding the proposed industrial park as described in and attached hereto as Exhibit “A”; andWHEREAS, at said meeting, the City Plan Commission, under Section 66.1105(4)(h)1., Wisconsin Statutes, found the Project Plan Amendment for Tax Incremental District Number Eleven (11), City of Kenosha, Wisconsin, to be feasible and in conformity with the Master Plan of the City of Kenosha, Wisconsin, adopted the Project Plan Amendment, and favorably recommended that the Common Council of the City of Kenosha adopt the Project Plan Amendment.NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that it:1. Finds the Project Plan Amendment for Tax Incremental District Number Eleven (11), City of Kenosha, Wisconsin, to be feasible and in conformity with the Master Plan of the City; and 2. Deems the Project Plan Amendment for Tax Incremental District Number Eleven (11), City of Kenosha, Wisconsin, to be in the public interest and for a proper public purpose; and,3. Accepts and adopts the amended district boundaries, which boundaries generally lie within the City of Kenosha between the Kenosha County Detention Center, Canadian Pacific Railroad line, 60th Street and 88th Avenue, and are more specifically defined in Exhibit "A", which is attached hereto and incorporated herein by reference. The district boundaries include only those whole units of property as are assessed for general property tax purposes. 4. Finds that not less than fifty (50%) percent by area of the real property within the District is suitable for "industrial sites" within the meaning of Section 66.1101, Wisconsin Statutes, and has been zoned for industrial uses; and,5. Finds that the improvement of such area is likely to enhance significantly the value of substantially all of the other real property in the District; and,6. Finds that the project costs directly serve to promote industrial development within the District consistent with the purpose for which the Tax Incremental District was created; and,7. Finds that the equalized value of taxable property of the District, plus the value increment of all existing Districts does not exceed twelve (12%) percent of the total equalized value of taxable property within the City of Kenosha, Wisconsin; and,8. Confirms that the real property within the District that has been found suitable for industrial sites, has been zoned for industrial use and will remain zoned for industrial use for the life of the tax incremental

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district.BE IT FURTHER RESOLVED that the Common Council of the City of Kenosha, Wisconsin, adopts the Project Plan Amendment for Tax Incremental District Number Eleven (11), City of Kenosha, Wisconsin, as recommended by the City Plan Commission and as described in and attached hereto as Exhibit “A”.Adopted this 21st day of May, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

EXHIBIT “A”Project Plan Amendment for Tax Incremental District #11The proposed Project Plan Amendment involves amending the boundaries of the original Tax Incremental District #11 and expanding the proposed industrial park.The parcels being added to the original TID are:Parcel #08-222-33-201-0234911- 88th AvenueParcel #08-222-33-301-3018410 - 60th StreetParcel #08-222-33-301-3020 - 60th StreetParcel #80-4-222-333-02605811-88th AvenueParcel #80-4-222-333-02808622 - 60th StreetThe estimated cost of the proposed public works and improvements on these additional parcels is $6,257,286 which will increase the total estimated cost of TID #11 to $11,163,286. The estimated assessment increase of the development planned on these additional parcels is $35,188,762 which will increase the total assessment increase of TID #11 to $65,055,289.A description and map of the proposed amended boundaries of TID #11 follows this page.

EXHIBIT “A”Tax Incremental District #11City of Kenosha, WisconsinAmended Boundary DescriptionA part of the Northwest and Southwest quarters of Section 33, Township 2 North, Range 22 East, of the 4th Principal Meridian lying and being in the City of Kenosha, County of Kenosha, Wisconsin and being more particularly described as follows:Commencing at the Southeast corner of said northwest quarter section, thence westerly along the south line of said quarter section approximately 62 feet to the west line of the Canadian-Pacific Railroad right-of-way and the point of the beginning: thence northerly along the west line of said railroad right-of-way and parallel to the east line of said northwest quarter section approximately 38.5 feet to the intersection of said west line and the north line of State Trunk Highway 158 (also known as 52nd Street); thence continuing northerly along said west line of the Canadian-Pacific Railroad right-of-way and parallel to the east line of said northwest quarter section approximately 1257.7 feet; thence westerly along a line which is parallel to the south line of said northwest quarter section approximately 2588.6 feet to the east line of County Trunk Highway “H” (also known as 88th Avenue) which line is parallel to the west line of said northwest quarter section; thence southerly along the east line of said County Trunk Highway - which line is parallel to the west line of said northwest quarter section- approximately 1094.92 feet; thence southeasterly along the right-of-way of the intersection of County Trunk Highway “H” and State Trunk Highway 158 approximately 185.18 feet; thence easterly along the north line of said State Trunk Highway and parallel to the south line of said northwest quarter section approximately 989.09 feet; thence southerly

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along a line which is parallel to and approximately 1457.02 feet west of the east line of said southwest quarter section approximately 1758.31 feet; thence westerly along a line which is parallel to the north line of said southwest quarter section approximately 840.51 feet; thence southerly parallel to the west line of said southwest quarter section approximately 294.71 feet; thence westerly parallel to the south line of said southwest quarter section approximately 269.01 feet to the east line of said County Trunk Highway; thence southerly along the east line of said County Trunk Highway and parallel to the west line of said southwest quarter section approximately 288.13 feet; thence easterly along a line which is parallel to the south line of said southwest quarter section approximately 267.02 feet; thence southerly parallel to the west line of said southwest quarter section approximately 123.33 feet; thence westerly parallel to the south line of said southwest quarter section to the east right-of-way line of said County Trunk Highway “H” - which line is parallel to the west line of said southwest quarter section - approximately 266.01 feet; thence southerly along said east line of said County Trunk Highway approximately 187.42 feet; thence southeasterly along the right-of-way of the intersection of said County Trunk Highway “H” and County Trunk Highway “K” - also known as 60th Street – approximately 38.49 feet, thence easterly along the north line of said County Trunk Highway “K” - which line is parallel to the south line of said southwest quarter section - approximately 1085.85 feet; thence northerly along the north line of said County Trunk Highway “K” approximately 17.31 feet; thence easterly along the south line of said County Trunk Highway “K” approximately 1409.89 feet to the west line of the Canadian-Pacific Railroad right-of-way; thence northerly along the west line of said railroad right-of-way and parallel to the east line of said southwest quarter section approximately 2645.29 feet to the intersection of the west line of said railroad right-of-way and the north line of said southwest quarter section, which point is the point of the beginning, containing 181.49 acres of land more or less.


It was moved by Alderman Robinson, seconded by Alderman Casey, to approve Items 41 through 48:41. Appointment of Katherine Keener-Majkrzak, 6204 5th Avenue, Kenosha to the Keep Kenosha Beautiful Commission for a term to expire May 1, 2010.42. Appointment of Alderman Everett Butler, 4127 32nd Avenue, Kenosha to the Keep Kenosha Beautiful Commission for a term to expire May 1, 2010.

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43. Reappointments to the Keep Kenosha Beautiful Commission for three-year terms to expire May 1, 2010:a. Annie Birchb. Art Schroederc. Rosemary Thompson44. Appointment of Thomas DeFazio, to the Board of Review for a term to expire April 15, 2012. On roll call vote, motion carried (11-1) with Alderman Downing voting no.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Robinson, seconded by Alderman Casey, to approve:45. Offer of Sale Agreement for five parcels located at 35th Street and 14th Avenue. (6th District) (Poltrock) 46. Offer of Sale Agreement for the property located at 2011-63rd Street. (8th District) (STH 50 Project/GPI Properties) 47. Easement between the City and WE Energies-3800-42nd Street 48. Approval of 2007 4th of July Fireworks Contract to Spectrum Phyrotechnics for a term of one year On roll call vote, motion carried (11-1) with Alderman Downing voting no.49. It was moved by Alderman Robinson, seconded by Alderman Pacetti, to approve Contract with Lakeside Tree Care for Parkway Tree Trimming On roll call vote, motion carried (8-4) with Alderman Frederick, Misner, Downing, and Polzin voting no.It was moved by Alderman Misner, seconded by Alderman Robinson, to approve:50. Distribution Utility Easement Agreement between the City of Kenosha and WE Energies for installation of a new electric facility at 11414-75th Street, and part of Outlot #5 at Gateway Center. (City of Kenosha) On roll call vote, motion carried unanimously. It was moved by Alderman Casey, seconded by Alderman Frederick, to approve:51. Request to Amend Article 8.5 of the Developers Agreement by and Between the City of Kenosha, Robert D. Watring and Marianne Watring. (2nd District) On roll call vote, motion carried (11-1) with Alderman Ruef voting no.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Pacetti, seconded by Pitts, to:52. Approve Disbursement Record #8 – 17,814,995.12. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Ruef, seconded by Alderman Casey, to adjourn at 9:43 p.m. On a voice vote, motion carried.

Approved:JOHN M. ANTARAMIAN, MAYORAttest:DEBRA L. SALAS, DEPUTY CITY CLERK

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Monday, June 4, 2007John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200Monday, June 4, 2007

At a meeting of the Common Council held this evening, Acting Mayor, Donald Holland presided. The meeting was called to order at 7:02 p.m. On roll call, the following members of the Common Council were present: Aldermen Moldenhauer, Holland, Ruffolo, Sinclair, Spair, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Downing and Polzin, Jr. Excused: Aldermen Haugaard, Robinson, and Pacetti. The invocation was given by Alderman Frederick. Acting Mayor Holland then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Casey, seconded by Alderman Spair, to approve the minutes of the meeting held May 21, 2007. Motion carried unanimously. No one spoke during Citizen's Comments.

TO THE PUBLIC WORKS COMMITTEE1. Resolution to approve a two-lot Certified Survey Map located south of 60th Street and west of 60th Avenue, Aldermanic District #16. (McDermott) (Also refer to City Plan Commission)

TO THE CITY PLAN COMMISSION2. Petition to rezone property at 3313 47th Avenue from A-2 Agricultural Land Holding District to RR-3 Suburban Single-Family Residential, Aldermanic District #5. (City Plan Commission/Mifflin)3.To Amend the Official Map for the City of Kenosha, Wisconsin, to include The Attachment of Parcel #80-4-222-261-0131 and #80-4-222-261-0200, also known as 3313 47th Avenue and 3327 47th Avenue, Respectively, in The Town of Somers, Kenosha County, Wisconsin, in accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes (Mifflin)

COMMUNICATIONS,PETITIONS, REPORTS

OF DEPARTMENTS4. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve:a. 17 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. 1 application for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 6 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk.e. 1 Amusement & Recreation Enterprise Supervisor license(s).On a voice vote, motion carried. It was moved by Alderman Ruef, seconded by Alderman Sinclair, to:

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5. Receive and file adoption and certification of a Regional Transportation System Plan for Southeastern Wisconsin. (2035, City Plan Commission Resolution #07-07). On a voice vote, motion carried. It was moved by Alderman Frederick, seconded by Alderman Ruef, to: 6. Approve request for a Distance Exception for a four-bed Community Living Arrangement to be located at 9211 66th Street. (Aldermanic District #17) (Crabtree Residential Living) On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS7. It was moved by Alderman Frederick, seconded by Alderman Ruef, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Brooke D Kiel-50 demerit points:b. Hannah E Dickinson-75 demerit points:c. Flora Vargas-90 demerit points:d. Amanda L. Johnsone. Eric J. Sorensen A hearing was held. No one appeared. On a voice vote, motion carried.8. It was moved by Alderman Sinclair, seconded by Alderman Butler, to DENY the following applications for new Operator's (Bartender) licenses, based on material police record & false application:a. Ashley J Johnsonb. Robert W Sluga Jr. A hearing was held. No one appeared. On a voice vote, motion carried.9. It was moved by Alderman Ruef, seconded by Alderman Downing, to approve the following applications for new Taxi Drivers licenses, with a recommendation from the City Attorney to grant, subject to:-45 demerit points:a. Donald F Proft-55 demerit points:b. Patrick C Dosemagen-65 demerit points:c. Anthony J Boubonis A hearing was held. No one appeared. On a voice vote, motion carried.10. It was moved by Alderman Ruef, seconded by Alderman Downing, to DENY application of Dameon M Conwell for a new Taxi Driver's license, based on material police record. A hearing was held. The applicant did not appear. On a voice vote, motion carried.

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11. It was moved by Alderman Ruffolo, seconded by Alderman Ruef, to DENY application of Brent A. Caputo for a new Taxi Driver's license, based on material police record and false application. A hearing was held. The applicant did not appear. On a voice vote, motion carried.12. It was moved by Alderman Butler, seconded by Alderman Ruef, to approve the following renewal applications of Class "B" Beer/"Class B" Liquor Combination licenses, subject to:-5 demerit pointsa. GMR Entertainment, LLC, Jesus Paredes, Agent (6218-22nd Avenue La Frontera)b. Copa De Oro, Inc., Amanda Chavez, Agent (3029 - 52nd Street Copa De Oro) c. Jana Bonner (9048 Sheridan Road The Final Inning)-15 demerit points:d. John Pasquali, (3216-60th Street Pasquali's Bar)-25 demerit pointse. Faelyn Holmes (2425-60th Street, Hattrix Nightclub) (Ayes 4: Noef. Paddy O's Pub, LLC, Dawn O'Neil, Agent (5022--7th Avenue Paddy O's Pub) -40 demerit points g. Kenneth Rosmann (3021-60th Street (Joan & Ken's Country Inn) h. Claudia Murrillo (6832-24th Avenue Slammers) i. Timothy Dinan (3003-75th Street Bill's Corner Club) j. Captain Mike's Kenosha Tavern, LLC, David Schulte, Agent (5118-6th Avenue Captain Mike's) k. Sheridan 3322, Inc., Phillip Godin, Agent (3322 Sheridan Road Murphy's Bar & Grill) l. Shirley Willie, LLC, Shirley Willie, Agent (3810 Roosevelt Road Clay's Tap) -65 demerit points:m. Carl & Doug's Bar, Inc., Shirley Weber, Agent (2405-63rd Street Carl & Doug's Bar) n. Kathleen Bezotte (4619-8th Avenue Cheers) A hearing was held. No one appeared. On a voice vote, motion carried.13. It was moved by Alderman Downing, seconded by Alderman Frederick, to approve the following renewal applications of Class "A" Retail Beer licenses, subject to 25 demerit points: -25 demerit points: a. Velji Prajapati (6525-26th Avenue One Stop Grocery) b. Kwik Trip, Inc., Jennifer Hetzel, Agent (6300-52nd Street Kwik Trip)c. Syed Sawar (4924-60th Street, 60th Street Citgo) d. VS Enterprise LLC, Venkatesh Gaddameedi, Agent (2828-75th Street Citgo Gas & Food Mart)13.1 It was then moved by Alderman Casey, seconded by Alderman Polzin, to separate 13.a through 13.c from 13.d13.2 It was then moved by Alderman Pitts, seconded by Alderman Downing, to approve 13.a through 13.c On a voice vote, motion carried.13.3 It was then moved by Alderman Downing, seconded by Alderman Ruef, approve 13.d. On a voice vote, motion carried with Aldermen Casey voting nay.14. It was moved by Alderman Frederick, seconded by Alderman Downing, to approve renewal applications for beer/liquor licenses, subject to review of economic impact statement projections (first full term-7/1/06-6/30/07): A hearing was held. No one appeared.

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a. Blazin' Wings, Inc. (7127-120th Avenue Buffalo Wild Wings Grill & Bar) (Class “B” Beer/”Class B” Liquor) b. The Club at Strawberry Creek, LLC (14810-72nd Street, The Club at Strawberry Creek) (Class “B” Beer/”Class B” Liquor)c. Kenosha Ice, Inc. (7727-60th Avenue Kenosha Ice Rink) (Class“B” Beer Only) 14.1 It was moved by Alderman Ruffolo, seconded by Alderman Casey, to separate 14.a and 14.c from 14.b14.2 It was moved by Alderman Casey, seconded by Alderman Butler, to approve 14.a and 14.c. On a voice vote, motion carried.14.3 It was moved by Alderman Ruffolo, seconded by Alderman Casey, to approve 14.b subject to non-renewal revocation hearing. On a voice vote, motion carried.15. It was moved by Alderman Casey, seconded by Alderman Pitts, to approve the following renewal applications, subject to a hold from the Wisconsin Department of Revenue: A hearing was held. No one appeared. On a voice vote, motion carried.a. Schmidties Sports Bar, Inc. (4602-7th Avenue Schmidties Sports Bar) (Class “B” Beer/”Class B” Liquor)b. Just One More, LLC (5521 Washington Road Denny's Sports Den) (Class “B” Beer/”Class B” Liquor)c. Double “D” Adventures (7507-60th Avenue Wingstop Restaurant) (Class “B” Beer/”Class C” Wine)16. It was moved by Alderman Casey, seconded by Alderman Frederick, to approve renewal application of the Class “A” Retail Beer license of Danah Washington Road BP, Inc., Stanley Ginkowski Agent, 3806-30th Avenue (Washington Road BP) subject to 25 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.17. It was moved by Alderman Casey, seconded by Alderman Frederick, to approve application of Danah 39th Avenue, Inc., Stanley Ginkowski, Agent, for a new Class “A” Retail Beer License located at 6623-39th Avenue (39th Avenue Shell), to be Effective June 5, 2007, and a renewal application effective July 1, 2007, subject to 25 demerit points. (11th District) On a voice vote, motion carried.18. It was moved by Alderman Frederick, seconded by Alderman Casey, to approve renewal application of the Class “A” Retail Beer license of H & B Enterprises, Dilraj S. Dhindsa, agent (1405-60th Street, American Petro), subject to 50 demerit points and an occupancy permit hold. A hearing was held. The applicant did not appear. 18.1 It was then moved by Alderman Marks, seconded by Alderman Pitts, to defer. On a voice vote, motion carried. 19. It was moved by Alderman Casey, seconded by Alderman Downing, to approve Application of U.S. Petroleum of Kenosha, Inc., for renewal of the Class “A” Retail Beer License located at 8004-22nd Avenue (US Mobil) with a transfer of agent from Abdul Rehman to Sabra Rehman, subject to 25 demerit points. A hearing was held. Attorney Terry Rose and Sabra Rehman were present. Attorney Terry Rose spoke. On a voice vote, motion carried. 20. It was moved by Alderman Casey, seconded by Alderman Sinclair, to approve renewal application of Roaring Fork, LLC, Ron Stokes, Agent, for a Class “B” Beer license located at 6430 Green Bay Road (Qdoba) subject to 75 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.21. It was moved by Alderman Casey, seconded by Alderman Downing, to approve application of Perrine's Clark Service, Inc., Louis A. Perrine, Agent, for a Class “A” Beer/”Class A” Liquor Combination license located at 5145 Sheridan Road (Lou Perrine's Gas & Groceries), subject to 25 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.22. It was moved by Alderman Casey, seconded by Alderman Pitts, to approve renewal applications for the following licenses with no adverse recommendations per list on file in the Office of the City Clerk:a. 106 Class "B" Beer/"Class B" Liquor Combination

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b. 15 Class "A" Retail Beerc. 12 Class “A" Retail Beer/"Class A" Retail Liquord. 2 Class “B" Beer Onlye. 4 Class "B" Beer/"Class C" Winef. 1 “Class C” Wine A hearing was held. No one appeared. On a voice vote, motion carried.23. It was moved by Alderman Casey, seconded by Alderman Pitts, to approve application of Quix Bite of Kenosha, Inc., Rogelio Perez, Agent, for a Class “A” Retail Beer License located at 1515-30th Ave, (Quix Bite), with acceptance of a conditional surrender of a similar license at the same location from Dana 4 LLC to be effective June 5, 2007, and a renewal application effective July 1, 2007. (4th District) A hearing was held. Rogelio Perez and Victor Perez were present and spoke. 23.1 It was then moved by Alderman Ruffolo, seconded by Alderman Polzin, to defer until the next meeting. On a voice vote, motion carried.

ORDINANCES 1ST READINGIt was moved by Alderman Casey, seconded by Alderman Ruef, to send the following ordinances on their way: 24.By the Mayor - Attachment and Temporary Zoning District Classification Ordinance City of Kenosha/Town of Somers, 3327-47th Avenue (Under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan Parcel Nos. 80-4-222-261-0131, 3313 - 47th Avenue; and, 80-4-222-261-0200, 3327 - 47th Avenue Town of Somers) [Mifflin - Property Owners]25. By Alderman Frank J. Pacetti - To Repeal and Recreate Section 1.03 E.7., Regarding Excusing an Alderman from Voting During Common Council Meetings. On a voice vote, motion carried.

ZONING ORDINANCES 1ST READINGIt was moved by Alderman Casey, seconded by Alderman Ruef, to send the following ordinances on their way: Item 26 was withdrawn.26. By the Mayor - To Rezone Property Located at 3128 – 27th Street from A-2 Agricultural Land Holding to RM-2 Multi-Family Residential District. [Majestic Oak Properties, LLC] 27. By the Mayor - To Rezone Property Located at 6220 – 67th Street and 6300 – 67th Street from B-2 Community Business District to RM-3 Elderly and Handicapped Housing District. [Stanonik] 28. By the Mayor - To Rezone Property Located at 1621 – 50th Street from B-2 Community Business District to RG-2 General Residential District. [Kovacevich] 29. By the Mayor - To Rezone Property Located at 6315 – 3rd Avenue from IP Institutional Park to RS-1 Single-Family Residential District. [Stone] On a voice vote, motion carried.

ORDINANCES 2ND READING30. It was moved by Alderman Frederick, seconded by Alderman Miser, to adopt Ordinance 33-07. A public hearing was held. No one spoke for or against said ordinance.

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30.1 It was then moved by Alderman Ruef, seconded by Alderman Pitts to amend by including the prohibition of dancing within 6 feet of a bar. On roll call vote, motion failed (6-8) with Aldermen Marks, Ruef, Misner, Polzin, Ruffolo and Holland voting yes. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 33-07BY: COMMITTEE ON LICENSES/PERMITS

TO REPEAL AND RECREATE SECTION 10.07 OF THE CODE OF GENERAL ORDINANCES, ENTITLED CABARET‶ LICENSE″

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 10.07 of the Code of General Ordinances is repealed and recreated as follows: 10.CABARET LICENSEA. License Required. No holder of a "Class B", Class "B" and/or Class C″ License shall perform, engage in, or permit, the following activity‶ by employees, patrons, or hired performers upon the licensed premises without first having obtained a Cabaret License from the City Clerk: 1. Live music performances; 2. Specifically advertise or feature dancing; and, 3. Live entertainment, including, but not limited to, the performance of any act, play or stunt, amateur talent contest, or disc jockey show.B. Application. Upon application to the City Clerk and the payment of the fee therefor, a Cabaret License will be issued subject to the conditions and regulations set forth in this Section. An application for a license provided for in this Section shall be made to the City Clerk in writing, accompanied by the required fee. Applications shall be on City forms; shall be true, correct and complete in all respects. No application for such license shall be accepted unless accompanied by the appropriate fee in cash or certified check. In determining whether a Cabaret License should be granted, the Common Council shall consider the following factors, giving to each whatever weight is appropriate in the particular factual circumstances: 1. Whether the proposed license will have a substantial negative impact upon the surrounding properties or the neighborhood within 5,280 feet of the licensed premises, in terms of increasing noise, as defined in Chapter 23 of the Code of General Ordinances, and/or traffic congestion. 2. The availability and type of parking on or off the proposed licensed premises.3. The existing or planned character of the neighborhood. 4. Applicant’s compliance and past performance with any/all licensing laws. C. License Term. A Cabaret License shall terminate as a matter of due course on the date the holders thereof cease to hold a Class B″, Class B″‶ ‶ and/or Class C″ License, without refund of any portion of the License fee therefor. 1. Annual License. The License shall expire on June 30th following its issuance. The License is a one (1) term license which is nonrenewable. A new Annual License application shall be filed for review for each subsequent license term. 2. One (1) Day License. A One Day License may be issued for one (1) day only. The One (1) Day License application shall designate the date the License will be utilized. D. License Fees. 1. Annual Licenses. The Annual License Fee shall be Two Hundred ($200.00) Dollars. 2. One (1) Day License. The One (1) Day License fee shall be Fifty ($50.00) Dollars. E. License Review and Recommendation. Applications shall be referred by the City Clerk to the Police Department. The Police Department shall make a report, in writing, to the City Attorney as to any police record of the applicant, which may reflect upon good moral character or business responsibility. The City Attorney shall examine said record and make a recommendation to the Committee on Licenses/Permits based thereon as to whether the license shall be granted. The Committee on Licenses/Permits shall review all applications, any reports, the recommendation of the City Attorney and all other information before it. Said Committee shall recommend to the Common Council either the granting or denial of each application. F. Regulations. 1. While dancing is in progress, the dance area shall have a minimum average illumination level of no less than 2 foot candles, measured at the floor level. 2. Good order shall be maintained at all times. 3. The management shall obey all reasonable orders or directions of any police officer or official dance supervisor. 4. Adequate parking accommodations may be deemed necessary by the Police

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Department and/or Licensing/Permit Committee for safety reasons; lighted parking facilities may be maintained so as to accommodate anticipated capacities. 5. The performance of any act, stunt, or dance by performers under the auspices of the management shall be given only on a stage, platform or floor which is separated by a railing or other device from the patrons so as to deter patrons from participating in any act, stunt or dance. Patrons may not tip the entertainers or performers by placing money or other articles of value in their costumes, or otherwise engage in physical contact with the entertainers or performers. 6. No license holder personally or through his agent or employee shall permit any patron to participate in any act, stunt, or dance with performers who are under the auspices or furnished by the management. 7. No patron shall participate in any act, stunt or dance by performers who appear under the auspices of the management. 8. Lewd and Indecent Performance. No license holder personally, or through his agent or employee, shall advertise or produce lewd, obscene or indecent performances. 9. Regulation of Costumes. The top portion of the costume worn by female entertainers shall be of nontransparent material. It must encircle the body and the areola of the breast must be completely covered. The lower portion of the costume must completely cover the mons pubis and the cleavage of the buttocks. Male entertainers must wear a nontransparent costume covering the cleavage of the buttocks and the genitals. 10. No patron shall participate in any amateur striptease contest or wet T- shirt or similar contest. G. Revocation of License. 1. Upon written charges made and filed with the City Clerk/Treasurer of Kenosha by the Chief of Police or any citizen, the Council may after a public hearing thereof revoke any license issued under this Section. 2. Conviction for the violation of any provision of the Wisconsin liquor laws, City of Kenosha Code of General Ordinances, Zoning Ordinance or sanitary codes shall be sufficient for the Council to revoke or suspend such license. In the event the license is revoked, no other Cabaret License shall be granted to such person for said location within twelve (12) months of the date of its revocation. A suspension shall not be for less than ten (10) days, nor more than ninety (90) days from the date of suspension. Any part of the money paid for any license so revoked or suspended shall be forfeited and not be refunded. 3. The Common Council may, after the hearing described in Subsection A., revoke such Cabaret License upon sufficient proof that the holder has permitted or suffered the licensed premises to be conducted by himself, his employees, patrons or others in violation of health regulations or in a disorderly or improper manner, or in violation of the laws of the State, or rules and regulations of the Common Council, or for any reasons set forth in Subsection 2. H. Severability. Should any section, paragraph, sentence, clause or phrase of this Section be declared unconstitutional or invalid, or be repealed, it shall not effect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid or repealed. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 4, 2007PUBLISHED: June 8, 200731. It was moved by Alderman Ruffolo, seconded by Alderman Ruef, to adopt Ordinance 34-07. A public hearing was held. Police Chief Daniel Wade and Thomas Renwald, Summer Song Manager, spoke.31.1 It was then moved by Alderman Ruffolo, seconded by Alderman Spair to amend to allow music. On roll call vote, motion carried (12-2) with Aldermen Butler and Casey voting no. On roll call vote, motion to approve carried (12-2) with Aldermen Butler and Casey voting no said ordinance was thereupon adopted as follows:

ORDINANCE NO. 34-07

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BY: ALDERPERSON G. JOHN RUFFOLOTO REPEAL AND RECREATE SECTION 13.03 D.1. OF THE CODE OF GENERAL ORDINANCES TO REFINE THE

DEFINITION OF PEDDLER″; TO REPEAL AND RECREATE SECTION 13.03 F. AND G. OF THE CODE OF GENERAL‶ ORDINANCES TO ELIMINATE DAILY PEDDLER LICENSES; TO RENUMBER SECTIONS 13.03 I., J., K., L., M. AND N. OF

THE CODE OF GENERAL ORDINANCES AS SECTIONS 13.03 K., L., M., N. AND P.; TO CREATE SECTIONS 13.03 I. AND J. OF THE CODE OF GENERAL ORDINANCES REGARDING MOTOR VEHICLE INSPECTIONS AND REPORTS, AND DRIVER’S

LICENSE REQUIREMENTS FOR OBTAINING A PEDDLERS’ PERMIT; AND, TO REPEAL AND RECREATE SECTION 13.03 P. OF THE CODE OF GENERAL ORDINANCES, TO RESTRICT PEDDLER ACTIVITIES

The Common Council for the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 13.03 D.1. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows:1. "Peddler" shall be defined as any natural person who for personal profit or gain sells or takes orders for periodicals, goods, food, beverage, merchandise or services within the City, irrespective of the delivery or performance date where the sale or order occurs within the City, upon premises which are not owned or which are not rented or leased for a period of thirty (30) or more consecutive days by said person, or from any vehicle as defined by Section 340.01(74), Wisconsin Statutes. Section Two: Sections 13.03 F. and G. of the Code of General Ordinances for the City of Kenosha, Wisconsin, are repealed and recreated as follows:F. License Fee. The license fee shall be Fifty ($50.00) Dollars per person, per license period, or any portion thereof. The full license fee must be submitted with the application in reasonable denominations of lawful United States tender. G. License Period. The license period shall be for a one (1) year period from October 1 to September 30th of each year with no proration of the license fee. Section Three: Sections 13.03 I., J., K., L., M. and N. of the Code of General Ordinances for the City of Kenosha, Wisconsin, are hereby renumbered as Sections 13.03 K., L., M., N. and P. Section Four: Sections 13.03 I. and J. of the Code of General Ordinances for the City of Kenosha, Wisconsin, are hereby created as follows: I. Motor Vehicle Inspection and Report. All licensees who use a motor vehicle in the performance of activities herein licensed are subject to the inspection and reporting requirements hereinafter set forth. Motor vehicles shall, at the cost and expense of applicant/permit holder, be inspected by an Automotive Service Excellence (A.S.E.) Certified Technician, who shall fill out, date and sign a Safety and Maintenance Inspection Report and a copy of their certification. The Report shall verify that the motor vehicle inspected is safe for operation on City streets. The Report shall be filed with the City Clerk/Treasurer with the permit application/renewal or at any time prior to which a motor vehicle will be utilized, or at any time directed by the Police Chief of designee thereof, based upon personal observation of a police officer indicating a lack of required maintenance. J. Driver’s License. All licensees who will use a motor vehicle in the performance of activities herein licensed shall hold a valid driver’s license, a copy of which shall be filed with the City Clerk/Treasurer. Section Five: Section 13.03 P. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows: P. Restriction. Peddling may not be engaged in within eight hundred (800') feet of the Kenosha Civic Veterans Parade route during the Kenosha Civic Veterans Parade. Peddling may not be engaged in within eight hundred (800') feet of any permanent business retailing similar or competing products located in a permanent building or structure except: 1. At community events where said peddling is within the spirit of the event and is for the convenience of spectators and participants of said event. 2. For food vendors possessing all required licenses and permits who are temporarily and incidentally in the vicinity of a permanent business retailing similar or competing products located in a permanent building or structure. 3. Sidewalk sales. 4. Organizations not licensed under this Ordinance. Section Four: This Ordinance shall become effective upon passage and publication.APPROVED:

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JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 4, 2007PUBLISHD: June 8, 200732. It was moved by Alderman Casey, seconded by Alderman Ruef, to adopt Ordinance 35-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried (13-0) with Aldermen Pitts abstaining and said ordinance was thereupon adopted as follows.


City of Kenosha/Town of SomersState Approved Cooperative PlanParcel Nos. 80-4-222-333-0260,

5811 - 88th Avenue; and,80-4-222-333-0280, 8622 - 60th Street,Town of Somers

[Friedrich & M. Danah, L.L.C. - Property Owners]ORDINANCE NO. 35-07

BY: THE MAYORAttaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of eleven (11), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after June 9, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes. Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 63rd Ward of the 16th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City

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Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and June 9, 2007, as provided by law.

APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 4, 2007PUBLISHED: June 8, 200733. It was moved by Alderman Sinclair, seconded by Alderman Ruef, to adopt Ordinance 36-07.

A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried (14-1) with Aldermen Holland voting no and said ordinance was

thereupon adopted as follows.CIVIL SERVICE COMMISSION ORDINANCE NO. 36-07

BY: THE MAYORTO REPEAL AND RECREATE SECTION V OF THE CIVIL SERVICE COMMISSION ORDINANCE ENTITLED PROHIBITION ON EMPLOYMENT OF RELATIVES″ TO‶

INCLUDE EXCEPTIONSThe Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section V. of the Civil Service Commission Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: V. PROHIBITION ON EMPLOYMENT OF RELATIVES 1. Subject to the exceptions of Subsection 3, no person can be employed who has a relative who is already employed by the City in a position covered by the Civil Service System Ordinance or who has a relative in any elected office or elected position in City of Kenosha government. 2. For purposes of this rule, the term relative″ shall mean any member of the immediate household; or‶

anyone whose relationship by blood or marriage is as close or closer than first cousin, including step″ relationships (e.g., stepfather, etc.); or any grandparent or grandchild. 3. The prohibitions of Subsection 1 notwithstanding, a person disqualified for employment thereunder may be employed, or continue to be employed, under the following conditions: a. The person was previously employed by the City, and such person was not in violation of the provisions of this Ordinance at the time of initial employment; or, b. The relationship arose or was created subsequent to employment, by and between individuals already employed by the City (e.g., marriage); or, c. The relationship exists between a City employee and an elected City official, elected subsequent to the City employee’s initial date of employment. d. The person is qualified and certified as a pool lifeguard. 4. No person qualified for employment under Subsection 3 may be employed in the same department as, or be directly supervised by, any person qualifying as a relative under definition of Subsection 2. Section Two: This Ordinance shall become effective upon passage and publication.

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APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 4, 2007PUBLISHD: June 8, 2007


34. It was moved by Alderman Ruef, seconded by Alderman Downing, to adopt Ordinance 37-07. A public hearing was held. Bob Dumez spoke. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:ZONING ORDINANCE NO. 37-07BY: CITY PLAN COMMISSIONTO AMEND THE CITY ZONING

MAP TO REMOVE PORTIONS OF THE FLOODPLAIN FRINGE OVERLAY (FFO) DISTRICT

FROM PROPERTY LOCATED AT 4821- 5TH AVENUE AND 4827 –

5TH AVENUE; AND, TO AMEND THE CITY ZONING MAP BY ADDING PORTIONS OF THE

FLOODPLAIN FRINGE OVERLAY (FFO) DISTRICT TO

PROPERTY LOCATED AT 4835 – 5TH AVENUE [Weiss]

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The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the boundary of the "FLOODPLAIN FRINGE OVERLAY (FFO) DISTRICT" referenced

in Section 3.21 of the Zoning Ordinance for the City of Kenosha, Wisconsin, be and hereby is, amended as indicated on Supplement Map No. Z11-07, which is attached hereto and incorporated herein by referenced, by removing a portion thereof on properties located at 4821 - 5th Avenue and 4827 - 5th Avenue, Kenosha, Wisconsin, from the One Hundred (100) Year Floodplain (FFO), and placing said land in Zone X on the FEMA maps. Section Two: That the boundary of the "FLOODPLAIN FRINGE OVERLAY (FFO) DISTRICT" referenced

in Section 3.21 of the Zoning Ordinance for the City of Kenosha, Wisconsin, be and hereby is, amended as indicated on Supplement Map No. Z11-07, which is attached hereto and incorporated herein by reference, by placing a portion of property located at 4835 - 5th Avenue, Kenosha, Wisconsin, within the One Hundred (100) Year Floodplain (FFO), and placing said land in Zone AE on the FEMA Map Community Panel 550209-0005. Section Three: This Ordinance shall become effective upon passage and publication and approval by the Wisconsin Department of Natural Resources (WDNR) and the Federal Emergency Management Agency (FEMA) being procured and filed with the Common Council, and recorded in its minutes.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 4, 2007PUBLISHED: June 8, 2007 35. It was moved by Alderman Ruef, seconded by Alderman Sinclair, to adopt Ordinance 38-07.

A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

REZONING ORDINANCE NO. 38-07BY:THE MAYOR

Zoning: TO REZONE PROPERTY LOCATED AT 4916 – 45TH STREET FROM A-2 AGRICULTURAL LAND HOLDING TO RS-1 SINGLE-FAMILY

RESIDENTIAL [Bissland]The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z12-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.

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APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 4, 2007PUBLISHED: June 8, 2007

RESOLUTIONS36. It was moved by Alderman Casey, seconded by Alderman Ruef, to adopt Resolution 60-07. On roll call vote, motion carried (13-0) with Aldermen Pitts abstaining and said ordinance was thereupon adopted as follows:


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NOS. 80-4-222-333-0260 AND 80-4-222-

333-0280, ALSO KNOWN AS 5811 - 88TH AVENUE AND 8622 - 60TH STREET, RESPECTIVELY, IN THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN

ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES

[Friedrich & M. Danah, L.L.C. – Property Owners]Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005;

and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel Nos. 80-4-222-333-0260 and 80-4-222-333-0280, also known as 5811 - 88th Avenue and 8622 - 60th Street, respectively, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on June 4, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel Nos. 80-4-222-333-0260 and 80-4-222-333-0280, also known as 5811 - 88th Avenue and 8622 - 60th Street, respectively, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel Nos. 80-4-222-333-0260 and 80-4-222-333-0280, also known as 5811 - 88th Avenue and 8622 - 60th Street, respectively, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 4th day of June, 2007. WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of

119



Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel Nos. 80-4-222-333-0260 and 80-4-222-333-0280, also known as 5811 - 88th Avenue and 8622 - 60th Street, respectively, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on June 4, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel Nos. 80-4-222-333-0260 and 80-4-222-333-0280, also known as 5811 - 88th Avenue and 8622 - 60th Street, respectively, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel Nos. 80-4-222-333-0260 and 80-4-222-333-0280, also known as 5811 - 88th Avenue and 8622 - 60th Street, respectively, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 4th day of June, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 4, 2007PUBLISHED: June 8, 200737. It was moved by Alderman Casey, seconded by Alderman Spair, to adopt Resolution 61-07. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


TO CREATE WARD 63, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 32, 36, 37, 38, 39, 40, 42, 51, 58, 59 AND 63- BANK OF KENOSHA, 5117 GREEN BAY ROAD

WHEREAS, Attachment Ordinance No. 25-07 attached parcel Parcel Nos. 80-4-222-333-0260, 5811 - 88th Avenue; and, 80-4-222-333-0280, 8622 - 60th Street, Town of Somers [Friedrich & M. Danah, L.L.C. - Property Owners], located in the Town of Somers into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the attached parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land attached under Attachment Ordinance No. 25-07 be placed in City of Kenosha Voting Ward 63, District 16, and that the polling place for wards 32, 36, 37, 38, 39, 40, 42, 51, 58, 59 and 63 be combined to the Bank of Kenosha, 5117 Green Bay Road, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes. Adopted this 4th day of June, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

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PASSED: June 4, 2007PUBLISHED: June 8, 2007


It was moved by Alderman Casey, seconded by Alderman Ruffolo, to approve:38. Reappointment to Historic Preservation Commission terms to expire June 1, 2010:a. Don Jensenb. Sue Dyke39. Reappointment to Kenosha Transit Commission for terms to expire June 7, 2010:a. Louis Ruganib. Alderman Eric Haugaardc. Alderman Donald K. Holland On roll call vote, motion carried (13-1) with Aldermen Downing voting no.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Casey, seconded by Alderman Ruef, to approve:40. Purchase Agreement for an Electronic Discussion, Voting and Video System for the Common Council Chambers by and between the City of Kenosha and Audiovisual, Inc., doing business as AVI Midwest. It was then moved by Alderman Marks, seconded by Alderman Polzin, to defer to the next meeting.On roll call vote, motion carried (10-4) with Aldermen Butler, Misner, Ruffolo, and Holland voting no. 41. It was moved by Alderman Marks, seconded by Alderman Polzin Jr., to approve Service Maintenance Agreement by and between the City of Kenosha and Audiovisual, Inc., doing business as AVI Midwest. There was discussion.41.1 It was then moved my Alderman Marks, seconded by Alderman Downing to defer until the next meeting. On roll call vote, motion carried unanimously.42. It was moved by Alderman Casey, seconded by Alderman Sinclair, to approve 2007 CDBG Subgrantee Agreements. On roll call vote, motion carried (13-0) with Aldermen Pitts abstaining.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE43. The following item was pulled from the agenda: Denial of Claim – Patricia Guarascio vs. City of Kenosha. 44. It was moved by Alderman Casey, seconded by Alderman Pitts to approve Disbursement Record #9 – 6,193,842.28. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Pitts, seconded by Alderman Misner, to adjourn at 9:08 p.m.

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Approved:JOHN M. ANTARAMIAN MAYOR

Attest:DEBRA L. SALASDEPUTY CITY CLERK

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June 18, 2007John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200June 18, 2007

At a meeting of the Common Council held this evening, Acting Mayor, Donald Holland presided. The meeting was called to order at 7:04 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Ruffolo, Sinclair, Spair, Robinson, Marks, Ruef, Butler, Frederick, Pitts, Pacetti, Downing and Polzin, Jr. Excused: Alderman Casey, Misner, and Downing. The invocation was given by Alderman Robinson. Acting Mayor Holland then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve the minutes of the meeting held June 4, 2007. Motion carried unanimously. At this time, Acting Mayor Holland called upon Alderman Ruffolo, Tracey Maksen Pelishek, Chairman of the Mayor's Youth Commission; and Rashid Dar, Mayor's Youth Commissioner to present the 3rd Quarter Mayor's Youth Commission to 1 group and 20 individual awards to outstanding youths. At 7:21 p.m., the Council took a brief recess and reconvened back at 7:30 p.m. One Citizen spoke during Citizen's Comments for approximately two minutes: Warren R . Olson.

TO THE COMMITTEE ON FINANCE1. Memorandum of Understanding between the City of Kenosha and the Wisconsin Department of Transportation for property south of CTH K and west of I-94, Aldermanic District #17. (Also referred to City Plan Commission and Public Work Committee)2. Proposed Ordinance by the Mayor - To Create Chapter XXVIII of the Code Of General Ordinances, Entitled “Vacant Building Code” (Also refer to Public Safety & Welfare Committee)

TO THE PUBLIC WORKS COMMITTEE3. Developers Agreement between the City of Kenosha, Regency Hills - Riverwoods, LLC and the Kenosha Water Utility for property located south of 18th Street on 47th Avenue, Aldermanic District #5. (Riverwoods Subdivision) (Also referred to City Plan Commission and Board of Water Commissioners) 4. Resolution to approve a one-lot Certified Survey Map located at 2210 52nd Street, Aldermanic District #7. (City of Kenosha/Old Bain School) (Also refered to City Plan Commission)5. Resolution approving the Final Plat for Riverwoods Subdivision located south of 18th Street and east of 47th Avenue, Aldermanic District #5. (Riverwoods) (Also refer to City Plan Commission)

TO THE PUBLIC SAFETY AND WELFARE COMMITTEE6. By Alderpersons Ronald R. Frederick, Don Moldenhauer and Don Ruef – To Support State Senate Bill 150, Entitled the “Breathe Free Wisconsin Act”

TO THE CITY PLAN COMMISSION7. Request for a Distance Exception for a four-bed Adult Family Home to be located at 5500 41st Street, Aldermanic District #16. (Hunter's Haven) 8. Resolution to amend the Hillcrest Neighborhood Plan and Certification to the Common Council, City Plan Commission Resolution #08-07, Aldermanic Districts #5 and #16. 9. To Amend the Official Map for the City of Kenosha, Wisconsin, to include The Attachment of Parcel #80-4-222-131-005, also known as 1216 22nd Avenue, in The Town of Somers, Kenosha County, Wisconsin, in accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, Aldermanic District #1. (Atout)10. To Amend the Official Map for the City of Kenosha, Wisconsin, to include The Attachment of Parcel #80-4-222-232-0200, also known as 5315 18th Street, in The Town of Somers, Kenosha County, Wisconsin, in accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, Aldermanic District #5. (5315 Somers, LLC)


OF DEPARTMENTS11. It was moved by Alderman Haugaard, seconded by Alderman Pitts, to approve:a. 326 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. 1 application for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 1 application for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk.On a voice vote, motion carried. It was moved by Alderman Sinclair, seconded by Alderman Pitts, to 12. Receive and File Amendment to the Corridor Land Use Plan for Property Located at 6220 and 6300 67th Street. (C.P. Resolution #05-07) (Aldermanic District #17).On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS13. It was moved by Alderman Pitts, seconded by Alderman Sinclair, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Timothy J Menden-75 demerit points:b. Victor H. Perez-15 demerit points:c. Prokopios Vassos A hearing was held. No one appeared. On a voice vote, motion carried.14. It was moved by Alderman Frederick, seconded by Alderman Sinclair, to approve the following applications for renewal of

1



Operator's (Bartender) licenses,subject to:-25 demerit points:a. Melinda M Anchandob. Tamika M Bardwell c. Heidi M Hyded. Melissa A Kolare. Miroslav H Kotsevf. Edward P Nelsong. Daniel E Porterh. Allen Rhodes i. Steve T Robej. Maureen A Sandt k. Sean B Schmidtl. Karen J Shodism. Eileen M Stanleyn. James E Tenutao. Charles F Ulrichp. Andrew F Wilbik A hearing was held. No one appeared. On a voice vote, motion carried.15. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve Application of Arthur D. Kaldenberg for renewal of an Operator's (Bartender) license, subject to 35 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.16. It was moved by Alderman Sinclair, seconded by Alderman Pitts, to approve the following applications for renewal of Operator's (Bartender) licenses, subject to 40 demerit points:a. Kerry L Loganb. Kelly L Thieryc. Javier M Vega A hearing was held. No one appeared. On a voice vote, motion carried.17. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve Application of Rafael Gutierrez for renewal of an Operator's (Bartender) license, subject to 45 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.18. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve the following applications for renewal of Operator's (Bartender) licenses, subject to 50 demerit points:a. Rhonda M Antrim b. Kathleen R Betchel c. Brandon L Chavez d. Natalia S. Costabilee. Cynthia D Drake f. Cheri L Haagg. Sandra L Heried h. Lloyd R Janisi. Lynette M Jurgens j. Joe J Lencik. Angela L Lund l. Lisa M Stahlm. Warren R Olson n. Monica Pawlicki A hearing was held. Applicant Lisa M Stahl was present and spoke. On a voice vote, motion carried.19. It was moved by Alderman Frederick, seconded by Alderman Sinclair, to approve Application of Mokrane Landri for renewal of an Operator's (Bartender) license, subject to 55 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.20. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve the following applications for renewal of Operator's (Bartender) licenses, subject to 75 demerit points:a. Carrie J Borlandb. Pat F McNamarac. Steven J Van Beckum A hearing was held. No one appeared. On a voice vote, motion carried.21. It was moved by Alderman Robinson, seconded by Alderman Pitts, to approve the following applications for renewal of Operator's (Bartender) licenses, subject to 85 demerit points:a. Amanda Chavezb. Stephen S Zaliewski A hearing was held. No one appeared. On a voice vote, motion carried.22. It was moved by Alderman Robinson, seconded by Alderman Sinclair, to approve Application of Scott C. Mitchell for renewal of an Operator's (Bartender) license, subject to 90 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.23. It was moved by Alderman Frederick, seconded by Alderman Ruffolo, to approve the following applications for renewal of Operator's (Bartender) licenses, subject to a Non-renewal revocation hearing:a. Olivia Chavez b. Jason R. Hedmanc. Jennifer Hetzel d. Eric J. Nerling e. Richard B. Rosko A hearing was held. Applicant Erick J Nerling was present and spoke. On a voice vote, motion carried.24. It was moved by Alderman Frederick, seconded by Alderman Haugaard, to approve Application of Jim's Food Mart, LLC, Reema Ahmad, Agent, for a Class “A” Retail Beer license located at 1625-57th Street, (Jim's Food Mart), with acceptance of a

2



conditional surrender from 1625-57th Street, Inc. to be effective July 1, 2007, subject to holds. (8th District). A hearing was held. Reema Ahmad and Rick Zaher were present and spoke. On a voice vote, motion failed.25. It was moved by Alderman Frederick, seconded by Alderman Pitts, to approve Application of Carolyn's Coffee Connection, LLC, Carolyn Berg Agent, for a Class “B” Beer license located at 5706-6th Avenue, (Carolyn's Coffee Connection) to be effective July 1, 2007. (2nd District). A hearing was held. The applicant did not appear. On a voice vote, motion carried.26. It was moved by Alderman Sinclair, seconded by Alderman Frederick, to approve Application of Rokralique of Wisconsin, Inc., Nadine Stangas, Agent, for a Class “B” Beer/”Class B” Liquor license located at 504/506 - 57th Street, (Stonewall Grille), with acceptance of a conditional surrender from Stonewall, LLC to be effective June 19, 2007 and a renewal application effective July 1, 2007, subject to holds. (2nd District). NOTE: Based on final action by the Common Council, the following renewal application may or may not be acted upon. A hearing was held. The applicant Nadine Stangas spoke. On a voice vote, motion carried. In view of the approval of Item #26, no action was taken on Item #27.27. Approve Renewal application of Stonewall, LLC, Karen Korsmo, Agent for Renewal of the Class “B” Beer/”Class B” Liquor License Located at 504-57h Street, (Stonewall Grille) subject to Review of Economic Impact Statement and holds.28. It was moved by Alderman Haugaard, seconded by Alderman Robinson, to approve Renewal application of Rogelio Perez for a Class “B” Beer/”Class B” Liquor Combination License Located at 2200-60th Street (Lupita's) subject to 55 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.29. It was moved by Alderman Ruffolo, seconded by Alderman Frederick, to approve application of Quix Bite of Kenosha, Inc., Rogelio Perez, Agent, for a Class “A” Retail Beer License located at 1515-30th Ave, (Quix Bite), with acceptance of a conditional surrender of a similar license at the same location from Dana 4 LLC to be effective June 5, 2007, and a renewal application effective July 1, 2007. (4th District) A hearing was held. Victor Perez was present and spoke. On a voice vote, motion carried.30. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve renewal application of the Class “A” Retail Beer license of H & B Enterprises, Dilraj S. Dhindsa, agent (1405-60th Street, American Petro), subject to 50 demerit points and an occupancy permit hold. A hearing was held. Dilraj S. Dhindsa, Agent, was present and spoke. On a voice vote, motion failed.31. It was moved by Alderman Sinclair, seconded by Alderman Pitts, to approve Application of Tasty Brands, Inc., Daniel M. Tenuta, Agent, for a Class “B” Beer/”Class B” Liquor license located at 7321-60th Avenue, (Tenuta's Italian Best), with acceptance of a conditional surrender from Tenuta's Pizza Pasta Catering, Inc. to be effective July 1, 2007. (17th District). A hearing was held. The applicant did not appear. On a voice vote, motion carried.32. It was moved by Alderman Sinclair, seconded by Alderman Butler, to approve renewal applications for Class "B" Beer/"Class B" Liquor Combination licenses, subject to:- 0 demerit points:a. Felicia Corporation, Louise Ginkowski, Agent (4311-52nd Street, Felicia's Restaurant)b. GWK, Inc., Betty Christensen, Agent (2427-52nd Street, Shenanigan's on 52nd)c. Betty Christensen (4626 Sheridan Road, SOS Club) A hearing was held. No one appeared. On a voice vote, motion carried.33. It was moved by Alderman Sinclair, seconded by Alderman Pitts, to approve Renewal application of Rendezvous Bar & Grill, Inc. William Koprovic, Agent for a Class "B" Beer/"Class B" Liquor Combination license Located at 1700-52nd Street (Rendezvous Bar & Grill), subject to 15 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.34. It was moved by Alderman Pitts, seconded by Alderman Sinclair, to approve renewal applications for Class "B" Beer/"Class B" Liquor Combination licenses, subject to:- 25 demerit points:a. Hernandez Lomeli, Inc., Argelia Hernandez, Agent (3935-52nd Street, Los Compadres Restaurant)b. Imagine 4, LLC, Warren Basquez, Agent (3000 Roosevelt Road, Big Shotz)c. Noe A. Jaimes, Inc. , Noe Jaimes, Agent (4031-52nd Street, Los Contaritos)d. Keith Spitzer (1402-52nd Street, Keith's Bar & Grill) A hearing was held. No one appeared. On a voice vote, motion carried.35. It was moved by Alderman Pacetti, seconded by Alderman Ruffolo, to approve renewal application for Class "B" Beer/"Class B" Liquor Combination license, subject to 0 demerit points:a. Kick's Rhythm & Blues, LLC, Kimberly Jenkins, Agent (2901-60th Street, Kick's Rhythm & Blues) A hearing was held. Applicant Kimberly Jenkins was present and spoke. On a voice vote, motion carried.36. It was moved by Alderman Spair, seconded by Alderman Sinclair, to approve Renewal application of GDP of Kenosha, Inc., Themis Panagiotaras, Agent for Renewal of the Class “B” Beer/”Class B” Liquor License Located at 4706-75th Street (Bootlegger's) subject to 75 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.37. It was moved by Alderman Frederick, seconded by Alderman Pitts, to approve renewal applications for Class "B" Beer/"Class B" Liquor Combination licenses, subject to:- 90 demerit points:a. ALK, Inc., Scott Mitchell, Agent (2615-60th Street, Shenanigan's Pub & Grill)-75 demerit points:b. CLS, Inc., Brenda Gallagher, Agent (8303-22nd Avenue, Shenanigan's Pub) A hearing was held. No one appeared. On a voice vote, motion carried.38. It was moved by Alderman Haugaard, seconded by Alderman Butler, to approve Renewal application of FEFCO Investments, LLC, Jeffrey Pfeffer, Agent for Renewal of the Class “B” Beer/”Class B” Liquor License Located at 4814 Sheridan Road (Gordo's Lounge & Pizza Grille) subject to Review of Economic Impact Statement. A hearing was held. The applicant did not appear. On a voice vote, motion carried.39. It was moved by Alderman Haugaard, seconded by Alderman Pitts, to approve Renewal application of BBRP,Inc., Paul Campagna, Agent for Renewal of the Class “B” Beer/”Class B” Liquor License Located at 707-56th Street, (Pazzo) subject to 0 demerit points and Review of Economic Impact Statement. A hearing was held. The applicant did not appear. On a voice vote, motion carried.40. It was moved by Alderman Sinclair, seconded by Alderman Pitts, to approve renewal applications for Class "A" Retail Beer licenses, subject to:- 25 demerit points:a. Gala Corporation, Mahendra Gala, agent (6119-22nd Avenue, Uptown Pantry)

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b. Super Mercado Cortes, Inc., Jose Cortes, Agent (3933-52nd Street, Super Mercado Cortes)- 50 demerit points:c. Grace Petromart, Inc., Jaswant Arora, Agent (4433-22nd Avenue, Grace Citgo) A hearing was held. The applicants did not appear. On a voice vote, motion carried.41. It was moved by Alderman Robinson, seconded by Alderman Spair, to approve Renewal application of Sommelier, Inc., Robert Mitchell, Agent for a Class "A" Retail Beer & “Class A” Liquor license, located at 720-58th Street (Sommelier), subject to 25 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.42. It was moved by Alderman Haugaard, seconded by Alderman Ruffolo, to approve renewal applications for the following licenses with no adverse recommendations per list on file in the Office of the City Clerk:a. 8 Class "B" Beer/"Class B" Liquor Combinationb. 7 Class "A" Retail Beerc. 2 Class “A" Retail Beer/"Class A" Retail Liquord. 1 Class “B" Beer Onlye. 2 Class "B" Beer/"Class C" Wine A hearing was held. No one appeared. On a voice vote, motion carried.43. It was moved by Alderman Pitts, seconded by Alderman Sinclair, to: Approve renewal applications for the Following Licenses with No Adverse Recommendations per List on File in the Office of the City Clerk:a. 5 Mobile Home Parksb. 3 Taxi Cab Companiesc. 8 Towing Companies A hearing was held. No one appeared. 43.1 It was moved by Alderman Pitts, seconded by Alderman Sinclair, to separate item 43a from items 43b & 43c and to allow Alderman Ruffolo to abstain from voting on item 43a. On a voice vote, motion carried.

ORDINANCES 1ST READING It was moved by Alderman Pitts, seconded by Alderman Frederick, to send the following ordinances on their way:44. By the Mayor - Attachment and Temporary Zoning District Classification Ordinance City of Kenosha/Town of Somers, 5315-18th Street (Under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan Parcel No. 80-4-222-232-0200, 5315 Somers, LLC, et al.)45. By the Mayor - Attachment and Temporary Zoning District Classification Ordinance City of Kenosha/Town of Somers, 1216-22nd Avenue (Under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan Parcel No. 80-4-222-131-005, Atout) On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Pitts, seconded by Alderman Frederick, to send the following ordinances on their way:46. By the Mayor - To Rezone Property Located at 3313-47th Avenue from A-2 Agricultural Land Holding District to RR-3 Suburban Single-Family Residential. (City Plan Commission/Mifflin) On a voice vote, motion carried.

ORDINANCES 2ND READING47. It was moved by Alderman Pacetti, seconded by Alderman Robinson, to adopt Ordinance 39-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:



City of Kenosha/Town of SomersState Approved Cooperative PlanParcel Nos. 80-4-222-261-0131,

3313 - 47th Avenue; and,80-4-222-261-0200, 3327 - 47th Avenue

Town of Somers[Mifflin - Property Owners]

Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of zero (0), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after June 23, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes. Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 64th Ward of the 5th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such

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invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and June 23, 2007, as provided by law.

NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERKS OFFICE.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 18, 2007PUBLISHED: June 22, 200748. It was moved by Alderman Pacetti, seconded by Alderman Pitts, to adopt Ordinance 40-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried (11-3) with Alderman Marks, Ruef, and Holland voting no and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 40-07BY: ALDERMAN FRANK J. PACETTI

TO REPEAL AND RECREATE SECTION 1.03 E.7. OF THE CODE OF GENERAL ORDINANCES, REGARDING EXCUSING AN ALDERMAN FROM VOTING DURING COMMON COUNCIL

MEETINGSThe Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 1.03 E.7. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is

repealed and recreated as follows: 7. Any alderman may demand an aye and nay vote shall be recorded in the minutes. A roll call vote by roll call on any matter, and such roll call aye and nay vote is required on (a) final passage or any Ordinance, (b) Resolutions, (c) confirmation of appointments (d) adoption of any measure assessing or levying taxes, appropriating or disbursing money; or creating any liability or charge against the City, or any fund thereof. Every alderman shall vote when a question is put unless the Council by a majority vote of those present shall excuse him for special cause. Any alderman not so excused, failing to vote when a question is put, and continuing to fail to vote two minutes after a request for a vote from the Chair, shall be barred from further debating, commenting or voting on the question, and from debating, commenting or voting on any subsequent question or business remaining on the Agenda during the remainder of the Council meeting. This restriction shall not preclude any action or penalty otherwise prescribed or allowed under the Code of Ethics set forth in Chapter XXX of the City of Kenosha Code of General Ordinances. An alderman may not change his vote or any question after the result has been announced. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 18, 2007PUBLISHED: June 22, 2007

ZONING ORDINANCES 2ND READING49. It was moved by Alderman Sinclair, seconded by Alderman Pitts, to adopt Ordinance 41-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 6220 – 67TH STREET AND 6300 – 67TH STREET FROM B-2 COMMUNITY BUSINESS DISTRICT

TO RM-3 ELDERLY AND HANDICAPPED HOUSING DISTRICT[Stanonik]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z16-06 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 24th day of May, 2007, as required in Section 10.02 A. of the Zoning Ordinance. Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.

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NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERKS OFFICE.

APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 18, 2007

PUBLISHED: June 22, 200750. It was moved by Alderman Ruef, seconded by Alderman Spair, to adopt Ordinance 42-07.

A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 1621 – 50TH STREET FROMB-2 COMMUNITY BUSINESS DISTRICT TO RG-2 GENERAL

RESIDENTIAL DISTRICT [Kovacevich]The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z13-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.

NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERKS OFFICE.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 18, 2007PUBLISHED: June 22, 200751. It was moved by Alderman Pitts, seconded by Alderman Robinson, to adopt Ordinance 43-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 6315 – 3RD AVENUE FROM IP INSTITUTIONAL PARK TO RS-1 SINGLE-FAMILY RESIDENTIAL DISTRICT [Stone]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z14-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERKS OFFICE.

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APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: June 18, 2007PUBLISHED: June 22, 2007

RESOLUTIONS52. It was moved by Alderman Pacetti, seconded by Alderman Pitts, to adopt Resolutions 62-07 through 65-07 (52 a. through d). A hearing was held. No one spoke for or against. On roll call vote, motion carried unanimously (Alderman Butler left during Items 52, 53, & 54.) and said resolutions were thereupon adopted as follows:


To Specially Assess Certain Parcels of Property for Reinspection FeesBE IT RESOLVED, that special assessments for reinspection fees during 2007, in the total amount of $950.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


To Specially Assess Certain Parcels of Property for Boarding and SecuringBE IT RESOLVED, that special assessments for boarding and securing during 2007, in the total amount of $908.48, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


To Specially Assess Certain Parcels of Property for Grass and Weed CuttingBE IT RESOLVED, that special assessments for weed/grass cutting during 2007, in the total amount of $9,970.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


To Levy A Special Tax Upon Certain Parcels of Land Within the CityOf Kenosha Pursuant to §5.11F. of the Code of General Ordinances,

Entitled "Sidewalks and Alleys to be Kept Clean by Responsible Party -Emergency Enforcement" (Snow Removal from Sidewalks) - If

Invoices Therefor Are Not Paid Within Thirty (30) Days of IssuanceWHEREAS, following notice to and failure of certain property owners to remove sidewalk accumulation pursuant to §5.11 of the Code of General Ordinances, it was ordered removed, through private contract, by the Director of Public Works, pursuant to §5.11 of the Code of General Ordinances; and;WHEREAS, the owners of the following parcels of land (per list on file in the Office of the City Clerk) are indebted to the City of Kenosha for the cost of said sidewalk snow accumulation removal. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that, pursuant to §5.11F. of the Code of General Ordinances, a special tax be, and is hereby, levied against the aforementioned properties, if invoices therefor are not paid within thirty (30) days of

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issuance. Adopted this 18th day of June, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK53. It was moved by Alderman Ruef, seconded by Alderman Pacetti, to adopt Resolution 66-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO: 66- 07BY: THE PUBLIC WORKS COMMITTEE

TO APPROVE A TWO-LOT CERTIFIED SURVEY MAPProperty located south of 60th Street and west of 60th Avenue (McDermott)

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map relating to two (2) parcels located south of 60th Street and west of 60th Avenue is herein and hereby approved subject to the following conditions: 1.Compliance with all applicable State and City codes and ordinances. 2.Payment of all applicable fees, including recording fees. Park fees shall be paid prior to the issuance of building permits. 3.Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided. 4.Prior to the recording of the Certified Survey Map, the owner shall pay a storm water basin fee in lieu of $3,824.66. 5.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 6.The Certified Survey Map shall contain a note that “The owner of Lot 3-B shall be responsible for the removal and restoration of any landscaping, lawn area or fencing located within the twenty (20') foot easement. No structures are permitted within the twenty (20') foot easement.”7.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.Adopted this 18 day of June, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK54. It was moved by Alderman Ruef, seconded by Alderman Pitts, to adopt Resolution 67-07. A public hearing was held. No one spoke. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO. 67-07 BY: COMMITTEE ON PUBLIC WORKS [UTILITY EASEMENT] TO VACATE A PORTION OF 53RD STREET LOCATED BETWEEN

30TH AVENUE AND 31ST AVENUE, PURSUANT TO SECTION 66.1003(4),WISCONSIN STATUTES [Ambrosini/Butler]

WHEREAS, the public interest requires the vacation of a portion of 53rd Street located between 30th Avenue and 31st Avenue.NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Section 66.1003(4), Wisconsin Statutes, and by direct action of said Council, an alley, described in Exhibit “A”, and legally described as follows: All of that part of 53rd Street between 30th and 31st Avenues, being partially in Hollywood Subdivision, a subdivision of record in the Southwest Quarter of Section 36, Town 2 North, Range 22 East of the Fourth Principal Meridian, said part of 53rd Street to be vacated being further described as follows: Beginning at the southeast corner of the intersection of 53rd Street and 31st Avenue, being here also the northwest corner of Lot 147 of Hollywood Subdivision; thence north along the east line of 31st Avenue, 50.03 feet to the southwest corner of Lot 148 of said subdivision; thence east along the north line of 53rd Street, being here also the south line of Lots 148 and 165 of said subdivision, 270.00 feet to the southeast corner of said Lot 165; thence continuing east along the easterly extension of the south line of said Lot 165, a distance of 7.00 feet; thence south parallel to the east line of said Quarter Section, 50.03 feet to the easterly extension of the north line of Lot 166 of said subdivision; thence west along said easterly extension, and along the south line of 53rd Street, being here also the north line of Lots 147 and 166, a distance of 277.00 feet to the northwest corner of said Lot 147 and the point of beginning. be, and hereby is, vacated, subject to the following easements which are herein and hereby granted, or created by a reservation of rights. Any and all Utilities, including the City, furnishing gas, sewer, water, electric, telephone and related services, and any City Cable T.V. Franchise Holder, shall have reserved to them or are hereby and herein given and granted, the right, permission, and authority to inspect, repair and maintain their respective existing installation and Utilities in, above and under the above described parcel of property for as long as said installations and facilities are being operated and utilized by them. Said Utilities and Franchise Holder are also given and granted the right, permission and authority to improve and expand the scope of the above easements in, above and under the above described parcel of property, and thereafter to inspect, repair and maintain said new additional installations and facilities. Among the specific beneficiaries of this easement shall be the City of Kenosha, City of Kenosha Water Utility, S.B.C. (formerly Ameritech), Wisconsin Electric Power Company, and any holder of a City Cable T.V. Franchise. Easement holders shall, at all times, have reasonable access to their respective installations and facilities, and owners of said parcel of land vacated by this Resolution, shall not interfere with easement rights herein specified or entitled to compensation for anything placed by owners upon said vacated property which may have to be destroyed or removed by easement holders to effectively use their easements, although easement holders shall have the obligation to restore the turf to its original condition should it be destroyed or damaged through the exercise of easement rights. However, any easement holder may waive their rights hereunder and consent to the construction of a building or structure upon vacated property. IT IS FURTHER UNDERSTOOD that the area vacated will accrue to the abutting property owners according to law. BE IT FURTHER RESOLVED that the City Clerk shall record a certified copy of this Resolution in the Office of the Kenosha County Register of Deeds and forward a copy of same to all listed Utilities and the City Assessor's Office. BE IT FURTHER RESOLVED that upon recordation of this Resolution, the City of Kenosha Official Map, as initially established by Resolution No. 122-06, adopted on November 6, 2006, and as subsequently amended to the time of recordation of this Resolution, will hereby be amended to include the closing of existing streets, highways, and right-of-ways, which changes are established in this Resolution. Adopted this 18 day of June, 2007.

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NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICEAPPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK55. It was moved by Alderman Ruef, seconded by Alderman Ruffolo, to adopt Resolution 68-07. A public hearing was held. No one spoke. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO. 68-07 BY: COMMITTEE ON PUBLIC WORKS [UTILITY EASEMENT]

TO VACATE AN ALLEY LOCATED SOUTH OF 52ND STREET BETWEEN 30TH AVENUE AND 31ST AVENUE, PURSUANT TO SECTION 66.1003(4),

WISCONSIN STATUTES [Ambrosini/Butler]WHEREAS, the public interest requires the vacation of an alley located South of 52nd Street between 30th Avenue and 31st Avenue. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Section 66.1003(4), Wisconsin Statutes, and by direct action of said Council, an alley, described in Exhibit “A”, and legally described as follows: All of that certain 12 feet in width, and 270 feet in length, public alley which lies between 52nd and 53rd Streets, and between 30th and 31st Avenues, in Hollywood Subdivision, being a subdivision of record in the Southwest Quarter of Section 36, Town 2 North, Range 22 East of the Fourth Principal Meridian, said alley being further described and bounded as follows: Bounded on the North by the south line of Lots 154 thru 159 of said subdivision; bounded on the East by the extensions northerly and southerly of the east lines of Lots 159 and 160 of said subdivision; bounded on the South by the north lines of Lots 153 and 160 of said subdivision, and bounded on the West by the extensions northerly and southerly of the west lines of Lots 153 and 154 of said subdivision. be, and hereby is, vacated, subject to the following easements which are herein and hereby granted, or created by a reservation of rights. Any and all Utilities, including the City, furnishing gas, sewer, water, electric, telephone and related services, and any City Cable T.V. Franchise Holder, shall have reserved to them or are hereby and herein given and granted, the right, permission, and authority to inspect, repair and maintain their respective existing installation and Utilities in, above and under the above described parcel of property for as long as said installations and facilities are being operated and utilized by them. Said Utilities and Franchise Holder are also given and granted the right, permission and authority to improve and expand the scope of the above easements in, above and under the above described parcel of property, and thereafter to inspect, repair and maintain said new additional installations and facilities. Among the specific beneficiaries of this easement shall be the City of Kenosha, City of Kenosha Water Utility, S.B.C. (formerly Ameritech), Wisconsin Electric Power Company, and any holder of a City Cable T.V. Franchise. Easement holders shall, at all times, have reasonable access to their respective installations and facilities, and owners of said parcel of land vacated by this Resolution, shall not interfere with easement rights herein specified or entitled to compensation for anything placed by owners upon said vacated property which may have to be destroyed or removed by easement holders to effectively use their easements, although easement holders shall have the obligation to restore the turf to its original condition should it be destroyed or damaged through the exercise of easement rights. However, any easement holder may waive their rights hereunder and consent to the construction of a building or structure upon vacated property. IT IS FURTHER UNDERSTOOD that the area vacated will accrue to the abutting property owners according to law. BE IT FURTHER RESOLVED that the City Clerk shall record a certified copy of this Resolution in the Office of the Kenosha County Register of Deeds and forward a copy of same to all listed Utilities and the City Assessor's Office. BE IT FURTHER RESOLVED that upon recordation of this Resolution, the City of Kenosha Official Map, as initially established by Resolution No. 122-06, adopted on November 6, 2006, and as subsequently amended to the time of recordation of this Resolution, will hereby be amended to include the closing of existing streets, highways, and right-of-ways, which changes are established in this Resolution. Adopted this 18 day of June, 2007.

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NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICEAPPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK56. It was moved by Alderman Marks, seconded by Alderman Robinson, to adopt Resolution 69-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:



PROPERTYWHEREAS, on the 18th day of June, 2007, the Common Council of the City of Kenosha, Wisconsin, held a properly noticed Public Hearing and heard all persons wishing to be heard regarding public sidewalk and/or driveway approach construction, and/or replacement, at the cost of owners of parcels of property listed in a report on file in the Office of the Department of Public Works for the City of Kenosha, Wisconsin, which abut the following Streets: 65th St- 39th Ave to 44th Ave, 40th Ave - 65th St to 67th St 63rd St – 1 block East of 39th Ave, 52nd Ave - 67th St North to 51st Ave NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of

Section 5.05 of the Code of General Ordinances, and Section 66.60(16), Wisconsin Statutes: 1. The owner of each parcel described on file may have the sidewalk and driveway approach abutting said parcel constructed, repaired or replaced ( Work″)‶ on or before the 9th day of July, 2007, upon obtaining a proper permit under Chapter 5 of the Code of General Ordinances. 2. If the owner fails to complete such Work within the time specified, the Common Council shall cause the Work to be done at the expense of the property owner by contract let to the lowest responsible bidder, and the Work will be paid for by assessing the cost of the Work to the benefited property. Invoices for said Work will be sent out on or about the 1st of November. If the cost of Work is under One Hundred ($100.00) Dollars, it shall be paid in its entirety within thirty (30) days of receipt of invoice. If the cost of Work is over One Hundred ($100.00) Dollars, it may be paid in its entirety within thirty (30) days of receipt of invoice, and if not so paid, placed on the tax roll for a period of three (3) years at an interest rate of seven and one-half (7.5%) per annum. If not paid within the period fixed, such a delinquent special charge shall become a lien as provided in Section 66.60(15), Wisconsin Statutes, as of the date of such delinquency, and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge. 3. The Director of Public Works shall serve a copy of this Resolution on each property owner by publishing the same in the official newspaper, together with a mailing by first class mail to the owner, if their post office address is known or can be ascertained with reasonable diligence. Adopted this 18th day of June, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

57. It was moved by Alderman Marks, seconded by Alderman Robinson, to adopt Resolution 70-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:



PROPERTYWHEREAS, on the 18th day of June, 2007, the Common Council of the City of Kenosha, Wisconsin, held a properly noticed Public Hearing and heard all persons wishing to be heard regarding public sidewalk and/or driveway approach construction, and/or replacement, at the cost of owners of parcels of property listed in a report on file in the Office of the Department of Public Works for the City of Kenosha, Wisconsin, which abut the following Streets: Citywide Locations. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 5.05 of the Code of General Ordinances, and Section 66.60(16), Wisconsin Statutes: 1. The owner of each parcel described on file may have the sidewalk and driveway approach abutting said parcel constructed, repaired or replaced ( Work″) on or before the 22nd day of June, 2007, upon‶ obtaining a proper permit under Chapter 5 of the Code of General Ordinances. 2. If the owner fails to complete such Work within the time specified, the Common Council shall cause the Work to be done at the expense of the property owner by contract let to the lowest

responsible bidder, and the Work will be paid for by assessing the cost of the Work to the benefited property. Invoices for said Work will be sent out on or about the 1st of November. If the cost of Work is under One Hundred ($100.00) Dollars, it shall be paid in its entirety within thirty (30) days of receipt of invoice. If the cost of Work is over One Hundred ($100.00) Dollars, it may be paid in its entirety within thirty (30) days of receipt of invoice, and if not so paid, placed on the tax roll for a period of three (3) years at an interest rate of seven and one-half (7.5%) per annum. If not paid within the period fixed, such a delinquent special charge shall become a lien as provided in Section 66.60(15), Wisconsin Statutes, as of the date of such delinquency, and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge. 3. The Director of Public Works shall serve a copy of this Resolution on each property owner by publishing the same in the official newspaper, together with a mailing by first class mail to the owner, if their post office address is known or can be ascertained with reasonable diligence. Adopted this 18th day of June, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

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58. It was moved by Alderman Marks, seconded by Alderman Robinson, to adopt Resolution 71-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO. 71-07BY: COMMITTEE ON PUBLIC

SAFETY AND WELFARETO DESIGNATE AS "NO PARKING, PICKUP/DROPOFF ONLY, FROM 7:30 A.M. - 4:30 P.M. ON SCHOOL DAYS" THE EAST SIDE OF

THE 26TH AVENUE FROM 63RD STREET NORTH APPROXIMATELY TWO HUNDRED EIGHTEEN (218') FEETBE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the East side of 26th Avenue from 63rd Street North approximately two hundred eighteen (218') feet, be and hereby is designated as "NO PARKING, PICKUP/DROPOFF ONLY, FROM 7:30 A.M. - 4:30 P.M. ON SCHOOL DAYS". Adopted this 18 day of June, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK59. It was moved by Alderman Marks, seconded by Alderman Robinson, to adopt Resolution 73-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


TO AUTHORIZE THE DIRECTOR OF PARKS FOR THE CITY OF KENOSHA, WISCONSIN, TO ENTER INTO AN EXCLUSIVE NEGOTIATING AGREEMENT FOR A LEASE AND OPERATING AGREEMENT FOR THE SIMMONS ISLAND MARINA

WHEREAS, the City of Kenosha, Wisconsin, owns and operates the Simmons Island Marina; and, WHEREAS, the City seeks to enter into a Lease and Operating Agreement with a qualified Operator to improve and operate the Simmons Island Marina; and, WHEREAS, on March 1, 2007, the City issued a Request for Proposals (RFP), by which the City sought a qualified Operator to make an offer to purchase assets and enter into a Lease and Operating Agreement for the improvement and operation of the Simmons Island Marina; and, WHEREAS, Great Lakes Yacht Sales, hereinafter "Proposer", submitted the most favorable Proposal received by the City in response to the RFP; and, WHEREAS, it is in the best interest of the City to enter into an Exclusive Negotiating Agreement with said Proposer for a period of three (3) months to attempt to negotiate a lease for the operation of the Simmons Island Marina. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the Director of Parks for the City of Kenosha, Wisconsin, is hereby authorized to enter into an Exclusive Negotiating Agreement with Great Lakes Yacht Sales, for a period of not to exceed three (3) months, to negotiate a Lease and Operating Agreement for the Simmons Island Marina. Adopted this 18 day of June, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK60. It was moved by Alderman Marks, seconded by Alderman Robinson, to adopt Resolution 74-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NOS. 80-4-222-261-0131 AND 80-4-222-261-0200, ALSO KNOWN AS 3313 - 47TH AVENUE AND 3327 – 47TH AVENUE, RESPECTIVELY, IN

THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [Mifflin – Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel Nos. 80-4-222-261-0131 and 80-4-222-261-0200, also known as 3313 - 47th Avenue and 3327 - 47th Avenue, respectively, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on June 18, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel Nos. 80-4-222-261-0131 and 80-4-222-261-0200, also known as 3313 - 47th Avenue and 3327 - 47th Avenue, respectively, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of

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territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel Nos. 80-4-222-261-0131 and 80-4-222-261-0200, also known as 3313 - 47th Avenue and 3327 - 47th Avenue, respectively, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 18 day of June, 2007.NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICEAPPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK61. It was moved by Alderman Marks, seconded by Alderman Robinson, to adopt Resolution 75-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


TO ACKNOWLEDGE ACCEPTANCE OF AN IMPROVEMENT PROJECT UNDER THE WISCONSIN "AIRPORT RUNWAY MARKING PROGRAM" BY THE KENOSHA REGIONAL AIRPORT, KENOSHA, WISCONSIN

WHEREAS, the Wisconsin Department of Transportation has initiated an "Airport Runway Marking Program" in the interest of air transportation safety; and, WHEREAS, the Kenosha Regional Airport has been selected to participate in the program; and, WHEREAS, the City of Kenosha shall indemnify and hold harmless the State, all its officers, employees, and agents from and

against any lawsuits, causes, actions, claim costs, and expenses, including legal fees, and/or the State Attorney's fee, in connection with any bodily injury to any person or damage to property caused directly or indirectly by failure, malfunction, lack of maintenance, or construction of the Kenosha Regional Airport and its facilities. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that it hereby acknowledges and agrees to accept an offer of Runway Marking Improvements to the Kenosha Regional Airport by the Wisconsin Bureau of Aeronautics, acting on behalf of the Secretary of Transportation. BE IT FURTHER RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the Bureau of Aeronautics shall have the authority to perform or contract with others to perform any services necessary for the completion of said Project. Adopted this 18 day of June, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


62. It was moved by Alderman Marks, seconded by Alderman Robinson, to approve appointment of Thomas Morelli, to the Civil Service Commission for a term to expire 6/7/2012.

On roll call vote, motion carried unanimously.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS63. It was moved by Alderman Marks, seconded by Alderman Robinson, to approve Award of Contracts:a. #07-1015 Resurfacing Phase II (65th St -44th Ave to 39th Ave, 40th Ave - 65th St to 67th St, 63rd St – 1 Block East of 39th Ave, 52nd Ave -67th St to 51st Ave) to Cicchini Asphalt Paving, in the amount of $250,000.00. b. #06-1424 Piazza Cosenza (Ring Road @ 56th Street) to Rasch Construction, in the amount of $529,000.00 (District 2) On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Marks, seconded by Alderman Robinson, to approve:64. Approval of Purchase Agreement for an Electronic Discussion, Voting and Video System for the Common Council Chambers by and between the City of Kenosha and Audiovisual, Inc., doing business as AVI Midwest. 65. Approval of Service Maintenance Agreement by and between the City of Kenosha and Audiovisual, Inc., doing business as AVI Midwest. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Alderman Marks, seconded by Alderman Robinson, to approve:66. Request from the Neighborhood Improvement Committee to Reprogram $70,263.20 in 2005 NIF/CDBG Funds and $5,147.28 in 2006 NIF/CDBG Funds. 67. Request from the Neighborhood Improvement Committee for the Use of $320,910 in 2007 NIF/CDBG Funds. 68. Denial of Claim – Patricia Guarascio vs City of Kenosha.69. Approve Disbursement Record #10 – $14,306,015.05. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS It was moved by Alderman Robinson, seconded by Alderman Marks to:70. Approve Property Owner's Request to Discontinue a Portion of a storm Sewer Easement at 7831 45th Avenue (Steve and Shelby Schuler) (District 14) 71. Approve Final Acceptance of Project #07-1609 Place de Douai – Light Control Station Relocation (56th Street – 150 ft. East of 3rd Avenue) completed by Electrical Contractors of Wisconsin in the amount of $13,807.00. (District 2) On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Marks, seconded by Alderman Pacetti, to adjourn at 9:30 p.m. On a voice vote, motion carried.

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MAYOR


DEPUTY CITY CLERK

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July 2, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200July 2, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:15 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Robinson, Marks, Ruef, Butler, Frederick, Misner, Pitts, and Polzin, Jr. Excused: Aldermen Sinclair, Spair, Casey, Pacetti and Downing. The invocation was given by Alderman Moldenhauer. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Pitts, seconded by Alderman Ruef, to approve the minutes of the meeting held June 18, 2007. Motion carried unanimously. No Citizens spoke during Citizen's Comments.

TO THE FINANCE COMMITTEE1. 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Intergovernmental Agreement between the City of Kenosha and County of Kenosha. (Also refer to Public Safety & Welfare)

TO THE PUBLIC WORKS COMMITTEE2. Resolution to approve a Certified Survey Map located at the northeast corner of 88th Avenue and 52nd Street, Aldermanic District #16. (First Industrial Investments, Inc.) (Also refer to City Plan Commission)3. Developers Agreement between the City of Kenosha, First Industrial Investments, Inc., and the Kenosha Water Utility for property at the northeast corner of 88th Avenue and 52nd Street, Aldermanic District #16. (First Industrial Investments, Inc.) (Also refer to City Plan Commission & Board of Water Commissioners)4. Resolution to approve a three-lot Certified Survey Map at 5419 65th Street, Aldermanic District #16. (Altreuther) (Also refer to City Plan Commission)5. Resolution to approve a Certified Survey Map creating two-lots and one outlot at 2804 39th Avenue, Aldermanic District #5. (KUSD/Stanich) (Also refer to City Plan Commission)

TO THE PUBLIC SAFETY AND WELFARE COMMITTEE6. Resolution – To Support State Senate Bill 150, Entitled the “Breathe Free Wisconsin Act”

TO THE CITY PLAN COMMISSION7. Petition to rezone property at 6107 7th Avenue from IP Institutional Park to RG-2 General Residential in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #2. (Caron)8. Petition to rezone properties located at the northeast corner of 60th Street and 88th Avenue from A-2 Agricultural Land Holding to M-2 Heavy Manufacturing in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #16. (Friedrich et al.)9. Petition to rezone property at 1251 25th Avenue from A-2 Agricultural Land Holding to RS-1 Single-Family Residential in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #1. (Dropp/Monardi)10. Conditional Use Permit for a 600,000 s.f. truck terminal and distribution center to be located at the northeast corner of 52nd Street and 88th Avenue, Aldermanic District #16. (First Kenosha Commerce Center)


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OF DEPARTMENTS11. It was moved by Alderman Misner, seconded by Alderman Robinson, to approve:a. 104 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 5 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.12. It was moved by Alderman Butler, seconded by Alderman Robinson, to approve request for a Distance Exception for a Four-Bed Adult Family Home to be Located at 5500 41st Street, Aldermanic District #16. (Hunter's Haven) A public hearing was held. No one spoke for or against. On a voice vote, motion carried.13. It was moved by Alderman Pitts, seconded by Alderman Robinson, to receive and File Amendment to the Hillcrest Neighborhood Plan and Certification to the Common Council, City Plan Commission (Resolution #08-07). On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS14. It was moved by Alderman Pitts, seconded by Alderman Robinson, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Drew C. Hillb. Noe A. Jaimesc. Nathan A. Rosatod. Kuldeep Singh-50 demerit points:e. Jaskaranpal Singhf. Tyler N. Slaught-75 demerit points:g. Daniel C. Hawkins-85 demerit points:h. Alyssa L. FreundorferA hearing was held. The applicants did not appear. On a voice vote, motion carried.15. It was moved by Alderman Pitts, seconded by Alderman Robinson, to DENY the following applications for new Operator's (Bartender) licenses, based on material police record & false application:a. Priscella Gazdab. Jessamy A. LeDucc. Bernabe Perez Camacho (withdrawn)A hearing was held. The applicants did not appear. On a voice vote, motion carried.16. It was moved by Alderman Pitts, seconded by Alderman Robinson, to approve the following applications for renewal Operator's (Bartender) licenses, subject to:-25 demerit points:a. Brenda L. Benishb. Lisa L. Bose-40 demerit points:c. Dominic J. Pedicone II-50 demerit points:d. James G. Bollinger-75 demerit points:

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e. Claire E. Hansenf. Kelsey M. Murphyg. Griff R. ParryA hearing was held. The applicants did not appear. On a voice vote, motion carried.17. It was moved by Alderman Butler, seconded by Alderman Robinson, to approve application of D'Ann E. Rohde for a Taxi Driver's license, subject to 40 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.18. It was moved by Alderman Ruef, seconded by Alderman Robinson, to DENY application of Jessica Olle for an Amusement & Recreation Enterprise Supervisor License , based on material police record. On a voice vote, motion carried.19. It was moved by Alderman Pitts, seconded by Alderman Robinson, to approve application of Captain Mike's Kenosha Tavern, LLC, David Schulte, Agent, for a Temporary Outdoor Extension of the Class “B” Beer/”Class B” Liquor License for July 7, 2007, located at 5118-6th Avenue, (Captain Mike's), with a request to change the closing time to 12:00 Midnight, with condition that sidewalk will not be included. A hearing was held. The applicant did not appear. On a voice vote, motion carried.20. It was moved by Alderman Pitts, seconded by Alderman Butler, to approve application of 1200-52nd Street, LLC, Kelly R. Santos, Agent, for a Class “B” Beer/”Class B” Liquor license located at 1200-52nd Street, (1200-52nd Street, LLC), with acceptance of a conditional surrender of a similar license at the same location from Ten 2 One, LLC to be effective July 1, 2007, subject to holds. A hearing was held. Attorney Brookhouse appeared on behalf of the applicant. On a voice vote, motion failed.21. It was moved by Alderman Pitts, seconded by Alderman Haugaard, to approve renewal application for Li's New Century, LLC, Bi Yan Chen, Agent, for a Class “B” Beer License located at 3319-60th Street, (Ming Garden Chinese Restaurant), subject to 25 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.22. It was moved by Alderman Marks, seconded by Alderman Haugaard, to approve renewal application for H & B Enterprises, Dilraj S. Dhindsa, Agent, for a Class "A" Retail Beer License located at 1405-60th Street, (American Petro), subject to a Non-renewal revocation hearing. A hearing was held. The applicant was present and spoke. On a voice vote, motion carried.23. It was moved by Alderman Marks, seconded by Alderman Butler, to approve renewal application for 1625-57th Street, Inc., for a Class “A” Retail Beer License located at 1625-57th Street, (Mike's Food Market), with a transfer of agent from Rick Zaher to Reema Ahmad, subject to a Non-renewal revocation hearing. A hearing was held. The applicant was present and spoke. On a voice vote, motion carried.24. It was moved by Alderman Pitts, seconded by Alderman Robinson, to approve renewal application for Harborage, Inc., Shawn Josic, Agent, for a Class “A” Retail Beer License located at 4924 Sheridan Road, (Harborside Mobil), subject to 50 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.

ORDINANCES 1ST READING25. It was moved by Alderman Marks, seconded by Alderman Ruef to send the proposed ordinance by The Mayor – To Create Chapter XXVIII Of The Code Of General Ordinances, Entitled “Vacant Building Code” on its way after being read. On a voice vote, motion carried.

ORDINANCES 2ND READING26. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Ordinance 44-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


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City of Kenosha/Town of SomersState Approved Cooperative Plan

Parcel No. 80-4-222-232-0200, 5315 - 18th Street,Town of Somers

[5315 Somers, L.L.C., Greco Investments, L.L.C. AndDennison Real Estate, L.L.C. - Property Owners]


Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of zero (0), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after July 7, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes. Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 48th Ward of the 5th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and July 7, 2007, as provided by law.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: July 2, 2007PUBLISHED: July 13, 2007

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27. It was moved by Alderman Ruef, seconded by Alderman Butler, to adopt Ordinance 45-07.

A public hearing was held. No one spoke for or against said ordinance.

On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ATTACHMENT AND TEMPORARY ZONING DISTRICT CLASSIFICATION ORDINANCEUnder Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers

State Approved Cooperative PlanParcel No. 80-4-222-131-0005,

1216 - 22nd Avenue,Town of Somers

[Atout - Property Owners]ORDINANCE NO. 45-07

BY: THE MAYOR Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin

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Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of zero (0), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after July 7, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes. Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 65th Ward of the 1st District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and July 7, 2007, as provided by law.

APPROVED:

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JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: July 2, 2007PUBLISHED: July 13, 2007

NOTE: Maps and exhibits are available for viewing in the City Clerk's office.

ZONING ORDINANCES 2ND READING28. It was moved by Alderman Ruef, seconded by Alderman Butler, to adopt Ordinance 46-07. A public hearing was held. One person spoke against and one spoke in favor of said ordinance. On roll call vote, motion carried (11-1) with Alderman Polzin voting nay and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 3313 - 47th AVENUE FROM A-2 AGRICULTURAL LAND HOLDING DISTRICT TO RR-3 SUBURBAN SINGLE-

FAMILY RESIDENTIAL [City PlanCommission/Mifflin] The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:

Section One: That the land shown on the attached Supplement Map No. Z18-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

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PASSED: July 2, 2007PUBLISHED: July 13, 2007

NOTE: Maps are available for viewing in the City Clerk's office.

RESOLUTIONS29. It was moved by Alderman Ruffolo, seconded by Alderman Ruef to adopt Resolution 75-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

Project #07-002RESOLUTION NO. 75-07

BY: FINANCE COMMITTEETo Levy A Special Tax Upon Certain Parcels

of Land Within the CityOf Kenosha Pursuant to §5.11F. of the Code of

General Ordinances,Entitled "Sidewalks and Alleys to be Kept

Clean by Responsible Party -Emergency Enforcement" (Snow Removal

from Sidewalks) - IfInvoices Therefor Are Not Paid Within Thirty

(30) Days of IssuanceWHEREAS, following notice to and failure of certain property owners to remove sidewalk accumulation pursuant to §5.11 of the Code of General Ordinances, it was ordered removed, through private contract, by the Director of Public Works, pursuant to §5.11 of the Code of General Ordinances; and;WHEREAS, the owners of the following parcels of land are indebted to the City of Kenosha for the cost of said sidewalk snow accumulation removal: ADDRESS, PARCEL, AMOUNT2705 83rd Place, 04-122-12-454-018, $64.004001 60th Street, 02-122-02-102-002, $167.256302 39th Avenue, 02-122-02-176-033, $47.506906 Sheridan Rd, 05-123-06-431-011, $128.006607 7th Avenue, 05-123-06-181-020, $40.00TOTAL $446.75NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that, pursuant to §5.11F. of the Code of General Ordinances, a special tax be, and is hereby, levied against the aforementioned properties, if invoices therefor are not paid within thirty (30) days of issuance.Adopted this 16th day of July, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK30. It was moved by Alderman Robinson, seconded by Alderman Butler to adopt Resolution 76-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO: 76 - 07BY: THE PUBLIC WORKS COMMITTEE

TO APPROVE A ONE-LOT CERTIFIED SURVEY MAPProperty located AT 2210 52nd Street (City of Kenosha/Old Bain School)

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BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map relating to one (1) parcel located at 2210 52nd Street is herein and hereby approved subject to the following conditions:1. Compliance with all applicable State and City codes and ordinances.2. Payment of all applicable fees, including recording fees. Park fees shall be paid prior to the issuance of building permits.3. The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council.4. The Certified Survey Map shall not be recorded until all above ground improvements located within the area to be dedicated as right-of-way are removed.5. Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.Adopted this 2nd day of July, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK31. It was moved by Alderman Ruffolo, seconded by Alderman Misner to adopt Resolution 77-07. On roll call vote, motion carried (11-1) with Alderman Pitts voting nay and said resolution was thereupon adopted as follows:


TO RECOGNIZE THE NOT-FOR-PROFIT CORPORATION STATUS AND INDEPENDENCE OF KENOSHA COMMON MARKETS, INC., AND TO, ACCORDINGLY, DISSOLVE THE

KENOSHA PUBLIC MARKET COMMITTEE WHEREAS, the City of Kenosha, by Resolution No. 17-03, adopted on February 3, 2003, created the Public Market Committee; and, WHEREAS, Resolution No. 06-04, adopted on January 21, 2004, extended the time of operation of the Public Market Committee through December 31, 2004, and restructured the membership of said Committee; and, WHEREAS, Resolution No. 139-04, adopted November 15, 2004, further extended the time of operation of the Public Market Committee through December 31, 2007, and, again, restructured the membership of said Committee; and, WHEREAS, the Public Market Committee was created to develop a public market at Harborpark as an economically viable and attractive public gathering place; and, WHEREAS, the goal in establishing the Public Market Committee, as expressed in the foregoing Resolutions, was to allow the Public Market to evolve and establish itself as an independent, sustainable, self-funding entity and activity, not formally affiliated with the City of Kenosha; and, WHEREAS, the Public Market, heretofore operated under the auspices of the Public Market Committee, has recently been incorporated as Kenosha Common Markets, Inc., a Wisconsin not-for-profit corporation; and, WHEREAS, the Public Market is now presumed to be fully capable of sustaining itself as an independent, self-funding entity and activity, beginning with the 2007 market year, and inasmuch as the articulated goals of the Common Council of the City of Kenosha in the creation of the Public Market Committee have thereby been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that in view of the incorporation of the Harborpark Market as Kenosha Common Markets, Inc., the Public Market Committee is hereby dissolved; the objectives of the City of Kenosha Common Council in establishing the Public Market Committee having been met, Kenosha Common Markets, Inc. shall henceforth operate and exist as an independent, self-funding, nonprofit corporate entity, separate and apart

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from, and unaffiliated with, the City of Kenosha. BE IT FURTHER RESOLVED that incident to the dissolution of the Public Market Committee, the Finance Director is hereby authorized to disburse to Kenosha Common Markets, Inc. any and all monies presently held in the Special Revenue Fund known and identified as "Market Place". Adopted this 2nd day of July, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK32. It was moved by Alderman Ruef, seconded by Alderman Haugaard to adopt Resolutions 78-07 through 81-07 (items 32 through 35). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

RESOLUTION #78-07BY: THE MAYOR

TO MODIFY THE TABLE OF ORGANIZATION OF THE CITY ATTORNEY'S OFFICE TO CREATE THE POSITION OF DEPUTY CITY ATTORNEY

WHEREAS, the City Attorney has taken this opportunity to analyze and evaluate the present operations and efficiencies of the office; andWHEREAS, it has been determined that a Deputy City Attorney position should be created in the City Attorney's Office to provide for the continuity of the administration of the legal department and provision of legal services, andWHEREAS, it has been determined that the Deputy City Attorney position would facilitate the operation of the legal department and the delivery of legal services in the absence of the City Attorney as well as to improve overall efficiency, andWHEREAS, The City Attorney's Office has recommended the reclassification of Edward Antaramian to the position of Deputy City Attorney, This request having arisen from the expanded responsibilities assigned to this individual over the last year and increased future responsibilities. (Incumbent will be placed at a salary level in accordance with the Civil Service Ordinance.)NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha to create the position of Deputy City Attorney; andBE IT FURTHER RESOLVED that the classification specifications for the position of Deputy City Attorney attached hereto as Appendix A (on file in the Office of the City Clerk) be approved; andBE IT FURTHER RESOLVED that the monthly salary range for the position of Deputy City Attorney be established at $5,768 to $7,210;AND BE IT FURTHER RESOLVED that the Table of Organization for the City of Kenosha and the Compensation Plan for Non-represented Employees be modified to reflect the aforementioned changes.Adopted this 2nd day of July, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NO. 80-4-222-232-0200, ALSO KNOWN AS 5315 -

18th Street, IN THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS

COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [5315 Somers, L.L.C., Greco Investments, L.L.C. And Dennison Real Estate, L.L.C. – Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section

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62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel No. 80-4-222-232-0200, also known as 5315 - 18th Street, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on July 2, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel No. 80-4-222-232-0200, also known as 5315 - 18th Street, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel No. 80-4-222-232-0200, also known as 5315 - 18th Street, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 2nd day of July, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NO. 80-4-222-131-0005, ALSO KNOWN AS 1216

– 22ND AVENUE, IN THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS

COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [Atout – Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel No. 80-4-222-131-005, also known as 1216 - 22nd Avenue, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on July 2, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel No. 80-4-222-131-0005, also known as 1216 - 22nd Avenue, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of

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Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel No. 80-4-222-131-0005, also known as 1216 - 22nd Avenue, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 2nd day of July, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO CREATE WARD 64, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 10, 41, 43, 46, 47, 61 AND 64- BROOKSIDE NURSING HOME, 3506

WASHINGTON ROAD WHEREAS, Attachment Ordinance No. 39-07 attached parcel Parcel Nos. 80-4-222-261-0131, 3313-47th Avenue and 80-4-222-261-0200, 3327-47th Avenue, [Mifflin-Property Owners], located in the Town of Somers into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the attached parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land attached under Attachment Ordinance No. 39-07 be placed in City of Kenosha Voting Ward 64, District 5, and that the polling place for wards 10, 41, 43, 46, 47, 61 and 64 be combined to Brookside Nursing Home, 3506 Washington Road, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes. Adopted this 2nd day of July, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


It was moved by Alderman Ruef, seconded by Alderman Pitts, to approve:36. Reappointment of Edward Gray to the Kenosha Housing Authority for a term to expire July 1, 2012.37. Reappointment of Paul Trombino, to the Library Board for a term to expire July 1, 2010.38. Appointment of Louise Mattioli to the Library Board for a term to expire July 1, 2010. On roll call vote, motion carried unanimously.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS39. It was moved by Alderman Ruef, seconded by Alderman Pitts, to approve Award of Contract for Project #07-1016 Resurfacing Washington Road (39th Avenue to 32nd Avenue) to Payne & Dolan, in the amount of $210,000.00. On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Ruef, seconded by Alderman Pitts, to approve:40. Memorandum of Understanding Between the City of Kenosha and the Wisconsin Department of Transportation for Property South of CTH K and West of I-94. 41. Lease with Working Bikes Chicago for the Alford Park Warehouse. On roll call vote, motion carried unanimously.

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RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Alderman Ruef, seconded by Alderman Pitts, to:42. DENY request from Property Owner to Rescind a Trash and Debris Removal Special Assessment – Property Located at 4428-17th Avenue, $200.00. 43. Approve Disbursement Record #11 – 4,756,017.71. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS44. It was moved by Alderman Ruef, seconded by Alderman Pitts to approve Final Acceptance of Request to discontinue a portion of a drainage easement and dedicate an alternate easement. (Panattoni Development) On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Ruef, seconded by Alderman Butler, to adjourn at 8:08 p.m. On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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Monday, July 16, 2007John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200July 16, 2007

At a meeting of the Common Council held this evening, Acting Mayor, Donald Holland presided. The meeting was called to order at 7:03 p.m.On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Ruffolo, Sinclair, Robinson, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Downing and Polzin, Jr. Excused: Aldermen Spair, Misner and Pacetti. The invocation was given by Alderman Moldenhauer. Acting Mayor Holland then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve the minutes of the meeting held July 2, 2007. Motion carried unanimously. Two Citizens spoke during Citizen's Comments for approximately five minutes: Joyce Erickson and Mike Bjorn.

TO THE COMMITTEE ON FINANCE1. 2008 Community Development Block Grant (CDBG) Fund Allocation Plan. (Also refer to City Plan Commission)2. Resolution to adopt a Project Plan Amendment for Tax Incremental District #4, City of Kenosha, Wisconsin, Under Section 66.1105(4)(h).1., Wisconsin Statutes - City Plan Commission Resolution #10-07, Aldermanic Districts #2 ,#7 and #8. (Also refer to City Plan Commission)

TO THE PUBLIC WORKS COMMITTEE3. Release of temporary easements from Certified Survey Map #2176, Tirabassi Subdivision detention basin, Aldermanic District #14. 4. Resolution to approve a Certified Survey Map creating two lots at the northeast corner of 60th Street and 88th Avenue, Aldermanic District #17. (Danah) (Also refer to City Plan Commission)5. Resolution to approve a Certified Survey Map creating two lots at the southeast corner of 60th Street and Green Bay Road, Aldermanic District #17. (Pave the Planet) (Also refer to City Plan Commission)6. Petition to vacate an alley north of 41st Place at 18th Avenue, Aldermanic District #6. (Danko/Spair) (Also refer to City Plan Commission)7. Resolution to Amend the Official Map for the City of Kenosha, Wisconsin, to modify various future streets located between 12th Street and 14th Street and between 22nd Avenue and 25th Avenue, pursuant to Section 62.23(6), Wisconsin Statutes. (Also refer to City Plan Commission)

TO THE PUBLIC SAFETY AND WELFARE COMMITTEE 8. Proposed Ordinance by Alderpersons Kenneth O. Polzin, Jr., Frank J. Pacetti, Julia Robinson and Ray Misner to create section 11.033 of the code of general ordinances, entitled “Sexual Offender Residency Restrictions”.

TO THE CITY PLAN COMMISSION9. Petition to rezone properties located at 1216 and 1230 22nd Avenue from A-2 Agricultural Land Holding and RS-1 Single-Family Residential to IP Institutional Park in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #1. (Atout/L & J Holding Company)10. Petition to rezone property located at 6213 60th Street from A-2 Agricultural Land Holding to B-2 Community Business District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #17.(Pave the Planet, LLC)11. To Amend the Official Map for the City of Kenosha, Wisconsin, to include the Attachment of Parcel

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#80-4-122-031-0360, also known as 6213 60th Street, and Parcels #80-4-122-032-0070, #80-4-122-032-0072 and #80-4-122-032-0074, in the Town of Somers, Kenosha County, Wisconsin, in accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statues. (Pave the Planet LLC)12. To Amend the Official Map for the City of Kenosha, Wisconsin, to include the Attachment of Parcel #80-4-222-261-0360, also known as 4422 Washington Road, in the Town of Somers, Kenosha County, Wisconsin, in accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes (Shemanske/Millhouse)


OF DEPARTMENTS13. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve:a. 31 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. one application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. There were no application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk.On a voice vote, motion carried. 14. It was moved by Alderman Robinson, seconded by AldermanSinclair, to Receive and File Adoption of the Parkside South Neighborhood Plan (located between 12th Street and 14th Place and 22nd Avenue and 25th Avenue) and Certification to the Common Council, (City Plan Commission Resolution #09-07), (Aldermanic Districts #1 and #4).On a voice vote, motion carried.15. It was moved by Alderman Downing, seconded by Alderman Ruef, to approve a Conditional Use Permit for a 600,000 s.f. Truck terminal and distribution center to be located at the northeast corner of 52nd Street and 88th Avenue, Aldermanic District #16. (First Kenosha Commerce Center) A hearing was held. No one appeared. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS16. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve the following applications for new Operator's (Bartender) licenses, with a recommendation from the City Attorney to grant, subject to:-25 demerit points:a.Amanda R Crawfordb.Jacob V Federmeyer-50 demerit points:c.Travis Nienhaus A hearing was held. No one appeared. On a voice vote, motion carried. 17. It was moved by Alderman Frederick, seconded by Alderman Butler, to DENY the following applications for new Operator's (Bartender) licenses, based on:-material police record & false application:a. Christopher A Herreab. Meghan K. McDowellc. Tatiana M Soens-Francetic A hearing was held. Meghan K. McDowell spoke. 17.1 It was then moved by Alderman Frederick, seconded by Alderman Butler, to separate 17a. and 17c. from 17b. On a voice vote, motion carried.

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17.2 It was then moved by Alderman Frederick, seconded by Alderman Haugaard, to approve 17a. and 17c. On a voice vote, motion carried.17.3 It was then moved by Alderman Haugaard, seconded by Alderman Casey, to hold a public hearing. On a voice vote, motion carried. Vickie Danner spoke.17.4 It was then moved by Alderman Polzin, seconded by Alderman Downing, to approve Item 17b with 75 demerit points but to be effective 8/21/07. On a roll call vote, motion failed (6-8) with Aldermen Moldenhauer, Sinclair, Butler, Frederick, Casey, and Pitts voting nay.17.5 It was then moved by Alderman Frederick, seconded by Alderman Haugaard, to approve 17b with 75 demerit points. On a voice vote motion carried.18. It was moved by Alderman Frederick, seconded by Alderman Haugaard, to approve the following applications for renewal of Operator's (Bartender) licenses, subject to:-0 demerit points:a. Betty J Willenbring-25 demerit points:b. Alison A Halmic. Angie M Wilson-50 demerit points:d. Vanessa Avilae. Melvin Muckerayf. Gina V Quellog. Brian E Wegner-75 demerit points:h. Macy A Stinchcombi. Chris D Sucevich A hearing was held. No one appeared. On a voice vote, motion carried.19. It was moved by Alderman Robinson, seconded by Alderman Frederick, to approve application of Balvinder Singh for renewal of Operator's (Bartender) license, subject to a Non-renewal revocation hearing. A hearing was held. The applicant did not appear. On a voice vote, motion carried.20. It was moved by Alderman Sinclair, seconded by Alderman Downing, to approve renewal application for Zacatecas Mexican Grill, LLC, Rosalba Flores, Agent, for a Class “B” Beer/”Class B” Liquor License located at 3200-60th Street, (Zacatecas Mexican Grill), with no adverse recommendations. A hearing was held. No one appeared. On a voice vote, motion carried.21. It was moved by Alderman Ruef, seconded by Alderman Robinson, to approve application of Kemper Center, Inc ., for a transfer of agent status of the Class “B” Beer/”Class B” Liquor License located at 6501-3rd Avenue, (Kemper Center), from Frank Sartor to Michael Brey. A hearing was held. No one appeared. On a voice vote, motion carried.22. It was moved by Alderman Sinclair, seconded by Alderman Downing, to approve application of Jackie's Sports Den, LLC, Jacky Hill, Agent, for a Class “B” Beer/”Class B” Liquor License located at 5521 Washington Rd, (Denny's Sports Den), with acceptance of a conditional surrender of a similar license at the same location from Just One More, LLC, to be effective July 17, 2007. (16th District) A hearing was held. No one appeared. On a voice vote, motion carried.23. It was moved by Alderman Sinclair, seconded by Alderman Frederick, to approve application of Michael Fechner for a 1-Day Cabaret License located at 5523-6th Ave, (Fec's Place), for July 28, 2007. (2nd District)A hearing was held. No one appeared. On a voice vote, motion carried.24. It was moved by Alderman Casey, seconded by Alderman Sinclair, to approve application of Euro-Meats, LLC, Susan Hurtz, Agent, for a Yearly Cabaret License located at 6611-120th Ave, (Brew N Pub). (17th District) A hearing was held. No one appeared. On a voice vote, motion carried.

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ORDINANCES 1ST READING It was moved by Alderman Casey, seconded by Alderman Sinclair, to send the following ordinances on their way:25.By the Mayor - Attachment and Temporary Zoning District Classification Ordinance City of Kenosha/Town of Somers, 4422 Washington Road (Under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan Parcel No. 80-4-222-261-0360, Shemanske & Millhouse)26.By the Mayor – Attachment and Temporary Zoning District Classification Ordinance City of Kenosha/Town of Somers, 6213 60th Street (Under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan, Parcel Nos. 80-4-222-031-0360, 80-4-122-032-0070, 80-4-122-032-0072 and 80-4-122-032-0074, Pave the Planet, LLC)On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Casey, seconded by Alderman Sinclair, to send the following ordinances on their way:27.By the Mayor – To rezone property at 1251-25th Avenue from A-2 Agricultural Land Holding to RS-1 Single-Family Residential (in conformance with Section 10.02 of the Zoning Ordinance). (Dropp/Monardi) (1st District) 28.By the Mayor – To rezone property at 6107-7th Avenue from IP Institutional Park to RG-2 General Residential (in conformance with Section 10.02 of the Zoning Ordinance). (Caron) (2nd District) 29.By the Mayor – To rezone properties located at the Northeast Corner of 60th Street and 88th Avenue from A-2 Agricultural Land Holding to M-2 Heavy Manufacturing (in conformance with Section 10.02 of the Zoning Ordinance). (Friedrich, et al.) (16th District) On a voice vote, motion carried.

ORDINANCES 2ND READING30. It was moved by Alderman Ruef, seconded by Alderman Haugaard, to adopt Ordinance 47-07. A public hearing was held. Jim Matzur, Royce Debow, and James Schultz, Director of Neighborhood Services & Inspections and Jeff Labahn, Director of City Development, spoke.30.1 It was then moved by Alderman Ruef, seconded by Alderman Haugaard, to amend the ordinance. On a roll call vote, motion carried (13-1) with Alderman Casey voting nay.30.2 It was then moved by Alderman Robinson, seconded by Alderman Ruef, to amend the ordinance by deleting “Unified Business Districts shall be exempt from the provisions of this code,”from 28.05. On a roll call vote, motion to approve carried (12-2) with Alderman Butler and Pitts voting nay. 30.3 It was then moved by Alderman Robinson, seconded by Alderman Ruef, to approve the ordinance as amended. On a roll call vote, motion carried (13-1) with Alderman Pitts voting nay and said resolution was thereupon adopted as follows:


TO CREATE CHAPTER XXVIII OF THE CODE OF GENERAL ORDINANCES, ENTITLED ”VACANT BUILDING CODE″‶

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Chapter XXVIII of the Code of General Ordinances for the City of Kenosha, Wisconsin, is hereby created as follows:CHAPTER XXVIII VACANT BUILDING CODE 28.01 TITLEThis Chapter of the Code of General Ordinances shall be known as the Vacant Building Code″. 28.02‶ PURPOSE A. This Code is enacted to facilitate the identification, inspection of, and to assure the property maintenance of vacant buildings for the purpose of preserving and promoting the public health, safety, prosperity and general welfare, and to abate and prevent public and private nuisances and potential fire

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hazards. B. The Common Council of the City of Kenosha, Wisconsin, finds that there are now, and may in the future be, vacant buildings which are dilapidated, unsafe, unhygienic and inadequately maintained so as to create or contribute to blight and so as to jeopardize the health, safety, prosperity and general welfare, and so as to create a public and/or private nuisance. C. Intent. The purpose of the Code is to establish the measures and requirements reasonably necessary to protect the health, safety and welfare of the public from the public nuisances, blight and negative market impact of vacant or abandoned buildings and structures. 28.03 GENERAL Scope. The provisions of this Code shall apply to all existing vacant commercial and mixed occupancy buildings, and constitute minimum requirements for permitting and maintaining vacant commercial and mixed occupancy buildings. 28.04 RULES OF INTERPRETATION AND DEFINITIONS A. Rules of Interpretation. 1. Tense. Words used in the present tense shall be interpreted to include the future tense. 2. Gender. Words used stating or implying gender shall be interpreted to include the masculine, feminine and neuter. 3. Number. Words used implying the singular shall be interpreted to include the plural, where appropriate, and vice versa. 4. May″ and Shall″. ‶ ‶a. The word may″ is permissive. b. The word shall″ is mandatory and not directory.‶ ‶5. Used For″. The phrase used for″ shall include the phrases arranged for″, designed for″, intended for″,‶ ‶ maintained for″, and arranged for″. B. Definitions. 1. Accessory Building/Structure. A detached‶ ‶

building or structure on the same lot, with and of a nature customarily incidental and subordinate to the principal building or structure or use of the land; i.e., a child’s playhouse, garden house, greenhouse, garage, carport, shed, fence, or retaining wall. 2. Building. Any Structure used or intended for supporting or sheltering any use or occupancy. 3. Code of General Ordinances. The Code of General Ordinances for the City of Kenosha, Wisconsin, which includes the Vacant Building Code. 4. Code Official. The Director of the Department of Neighborhood Services and Inspections, or any duly authorized designee of the Director. 5. Department. The Department of Neighborhood Services and Inspections of the City of Kenosha, Wisconsin. 6. Exterior Premises. The open space on the premises or the portion of the premises upon which there is not a structure.7. Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. 8. Good Repair. Good Repair″ shall mean free from blighting and hazardous‶ conditions, clean and sanitary, and in a safe condition. 9. Imminent Hazard. A condition which could cause serious or life-threatening injury or death at any time. 10. Mixed Occupancy. Occupancy of a structure in part for residential use and in part for some other lawful use under the Zoning Ordinance, not accessory thereto. 11. Occupied. A building is occupied when it is open to the public, when a business or manufacturing activity is performed therein, when people reside therein, or when any personal property is moved therein. Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business-occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, non-transient basis, or any combination of the same. For purposes of this Chapter, evidence offered to prove that a building is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water and sewer. 12. Owner. Any person having a title to the premises, as recorded in the Office of the Register of Deeds for Kenosha County, or as recorded on the City of Kenosha assessment rolls. 13. Partially Vacant. A multi-storied building or structure that has one (1) or more stories vacant. 14. Responsible Person. A natural person who is the owner, operator or manager of any structure or premises. 15. Rubbish. Combustible and noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust and other similar materials. 16. Structure. Anything constructed or erected, which requires location on the ground or attached to something having location on the ground. 17. Unified Business District. Any commercial building or group of commercial buildings comprised of permitted and/or conditional uses located on a lot or group of lots, which lot or group of lots has a common ownership, and which is planned, developed or

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functions as a unit. 18. Vacant. A building or structure shall be deemed to be vacant if no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s), tenant-occupant(s), owner-occupants or tenant(s) on a permanent, nontransient basis. 19. Waste. Waste″ shall mean garbage, ashes, rubbish and trash, but not‶ of an earthly or construction nature. 20. Weeds. Weeds″ or Noxious Weeds″ shall mean Canada thistle,‶ ‶ leafy spurge, field bindweed (Creeping Jenny), Ambrosia trifida (commonly called Giant Ragweed), Arubuosia trifida (commonly called Common Ragweed), and such other weeds as are defined in Weeds‶ of the Northern Central States, North Central Regional Research Publication No. 281, Bulletin 772″, published by the University of Illinois at Urbana-Champaign, College of Agriculture, Agricultural Experiment Station. 21. Zoning Ordinance. The Zoning Ordinance for the City of Kenosha, Wisconsin. C. Terms Defined Elsewhere. Where terms are not defined in this Code and are defined in other City Ordinances, Codes or ASHRAE and NFPA 70, such terms shall have the meanings ascribed to them therein. D. Terms Not Defined. Where terms are not defined herein, or through the methods of interpretation authorized by this Section, such terms shall have ordinarily accepted meanings, such as the context indicates. 28.05 APPLICABILITY A. General. The provisions of this Vacant Building Code shall apply to all manufacturing, commercial, institutional and mixed occupancy buildings vacant for one hundred eighty (180) consecutive days, and all manufacturing, commercial and mixed occupancy buildings, which have been partially vacant for one hundred eighty (180) days and have a history of violations of the Code of General Ordinances or of the Zoning Ordinance. All buildings with a valid City of Kenosha Building or Raze Permit shall also be exempt from the provisions of this Code. B. Conflict. In any case where a provision of this Code is found to be in conflict with a provision of the Zoning Ordinance or any other provisions of the Code of General Ordinances, the provision which established the higher standard for the protection of the public health, safety and welfare shall prevail. C. Application of Other Ordinances. Nothing contained herein shall be deemed to authorize the use of a structure or premises contrary to any other provision of the Code of General Ordinances or the Zoning Ordinance. Repairs, additions or alterations to a structure shall be done in accordance with the procedures and provisions of State law, Chapter 9 of the Code of General Ordinances and NFPA 70. Nothing in this Vacant Building Code shall be construed to cancel, modify or set aside any provision of the Zoning Ordinance. D. Existing Remedies. The provisions in this Code shall not be construed to abolish or impair existing remedies of the City, or its officers or agencies, under State laws or other City General or Zoning Ordinances relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary, or the abatement of public nuisances. E. Historic Buildings. The provisions of this Code shall apply to structures designated by the Federal Government, State or City as historic buildings. Any work to said structures shall also comply with Chapter 15 of the Zoning Ordinance and Chapter 70 ILHR of the Wisconsin Administrative Code. F. Referenced Statutes, Ordinances, Codes and Standards. The Statutes, Ordinances, Codes and standards referenced in this Code shall be incorporated herein by reference and be a part of the requirements of this Code to the prescribed extent of each such reference, and include amendments, renumbering and successor acts. G. Requirements Not Covered By This Code. The requirements necessary for the strength, stability, or proper operation of an existing structure or equipment, or for the public safety, health and general welfare, not specifically covered by this Code, shall be determined by the Code Official, subject to a right of appeal to the Board of Housing Appeals. 28.06 SEVERABILITY A. If any provision of this Vacant Building Code is, for any reason, held to be unconstitutional, invalid or unenforceable by any court of competent jurisdiction, such judgment shall not affect the validity of the remaining provisions of this Code, which shall remain in full force and effect. B. If the application of any provision of this Vacant Building Code is for any reason held to be an invalid application to a particular premises or structure by any court of competent jurisdiction, such provision shall continue to apply and remain in full force and effect to any premises or structure not specifically included in said judgment. 28.07 CODE OFFICIAL A. Code Official. The Code Official shall have the authority to exercise the powers and duties of the position specified in this Code. The Code Official shall administer and enforce this Code. B. Code of Conduct. The Code Official, in administering and enforcing

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this Code, shall abide by the City of Kenosha's Code of Ethics and the Department’s Code of Conduct. C. Inspections. The Code Official has the power to inspect Premises and structures to determine compliance with this Code. All reports of such inspections shall be in writing, signed or initialed and dated. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise in the course of their duties, in accordance with Department policy. D. Right Of Entry. The Code Official is authorized to enter structures or Premises, at reasonable times, with the express or implied consent of the owner, operator or occupant, to inspect in accordance with the Department’s Policy and Procedure for Entering Onto Private Property to conduct administrative interior and exterior inspections for Code administration and enforcement and Licensing/Permitting purposes specified in other ordinances. If entry is refused or not obtained, the Code Official is authorized to pursue recourse to obtain entry as provided by law. E. Reinspections. Every owner, operator and occupant of a Premises shall cooperate with and facilitate reinspections of Premises at reasonable times pursuant to reasonable notice by the Code Official to determine Code compliance with an Order to Repair. Failure by said owner, operator or occupant to cooperate with and facilitate such reinspections by the Code Official shall be a violation of this Code. F. Obstruction. No owner, or operator of a Premises may deny the Code Official the right to enter and inspect any portion thereof under the control of a lawful occupant where such occupant has consented to said entry and inspection. G. Denial of Entrance. No occupant of a Premises shall obstruct the owner thereof from complying with any order(s) of the Code Official made under authority of this Code. Obstruction shall include the denial of entrance into a Premises at reasonable times pursuant to reasonable notice. H. Identification. The Code Official shall carry Department issued identification when entering and inspecting Premises in the performance of their duties under this Code and display such identification, when asked. I. Notices and Orders. The Code Official shall, as necessary, issue notices and orders to responsible persons and tenants, where relevant, to obtain compliance with this Code. J. Department Records. The Director of the Department is responsible for keeping official records of all business and activities of the Department specified in the provisions of this Code in accordance with State and City record keeping requirements. 28.08 VACANT OR ABANDONED BUILDING OR STRUCTURE REQUIREMENTS A. Vacant Building Permit. The owner of a vacant building or structure shall obtain a Vacant Building Permit for the period during which it is vacant. When a building or structure becomes vacant, as defined by this Code, the owner of the building or structure shall apply for and obtain a Vacant Building Permit and pay the fee, as set forth in Section 28.09. Upon the expiration of a Vacant Building Permit, if the building or structure is still vacant, the owner shall arrange for an inspection of the building and premises with the Code Official pursuant to Section 28.09, and renew the permit within ten (10) days of expiration in the same manner as the expired permit. All renewed permits shall be subject to all conditions and obligations imposed by this Code. B. Code Compliance. The owner of a vacant building or structure shall comply with all building, fire, property maintenance, zoning, and other applicable Codes or Ordinances, and shall apply for all necessary building, fire prevention and zoning permits upon application for a Vacant Building Permit. C. Waste Removal. The owner of a vacant building or structure shall immediately remove all waste from the interior of the structure. The owner of a vacant building or structure shall also immediately remove any waste, debris or excessive vegetation from the exterior premises surrounding the vacant building or structure in accordance with the vacant building maintenance standards of this Code and the Code of General Ordinances. D. Owner’s Responsibility. The owner of a vacant building or structure shall immediately lock, barricade or secure all doors, windows and other openings in the building or structure to prohibit entry by unauthorized persons in accordance with the Vacant Building Maintenance Standards of this Code. If the owner does not reside within the State, the owner shall provide to the Code Official, the name, address and telephone number of an agent who is available for service of process within the State of Wisconsin. The owner shall provide to the Code Official, the name, address and telephone number of a manager who is a natural person who is available for contact by the Code Official at all times for emergency repairs and maintenance, and who will respond to the vacant building or structure when required by the Code Official. The agent and manager may be the same person, and/or either may be a Responsible Person. The owner shall notify the Code Official within

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thirty (30) business days of any changes to the name, address or telephone number of the agent or manager. E. Owner’s Obligations Continuous Through Term of Vacancy. The obligations of owners of a vacant building or structure are continuing obligations which are effective throughout the time of vacancy, as that term is defined in this Code. 28.09 VACANT BUILDING PERMIT; INSPECTION; MAINTENANCE STANDARDS; FEES A. Permit Application. Application by the owner of a vacant building or structure for a Vacant Building Permit shall be made on a form provided by the Code Official. Applicants shall disclose all measures to be taken to ensure that the building will be kept weathertight, secure from trespassers, and safe for entry by police officers and firefighters in times of exigent circumstances or emergency. The application shall include, but not be limited to, the following:1. Contact information for each owner. If the owner is other than a natural person or persons, the following shall apply, as appropriate: a. If the owner is a corporation, limited liability company, limited or liability partnership, the registration statement shall provide the names and residence addresses of all responsible persons and the name and business address of the registered agent for service of process appointed pursuant to Wisconsin State Statutes. b. If an estate, the name and business address of the personal representative of the estate. c. If a trust, the names and addresses of the trustee or trustees. d. If a partnership, the names and residence addresses of the partner or partners. e. If another form of unincorporated association, the name and residence address of a responsible person. f. If an individual person, the name and residence address of that individual person. 2. Any rehabilitation or demolition plans. 3. An acknowledgment by the owner that grass and weeds shall not exceed a height of eight (8") inches, and that snow and ice shall be removed from the public right-of-way within twenty-four (24) hours of a snowfall. B. Inspection of Premises. 1. Purpose. The Code Official, or his/her designee, may inspect vacant buildings to determine the structural integrity of the building, the repairs necessary to maintain structural integrity, to determine what repair actions must be undertaken to maintain the premises safe for entry of police officers and firefighters in times of exigent circumstances or emergency, that the building and its contents do not present an imminent hazard to the public during the time that the building remains vacant, and that the building and structure are in compliance with the Vacant Building Maintenance Standards. 2. Inspector. The Code Official, or his/her designee, may conduct inspections made pursuant to the provisions of this Vacant Building Code in conjunction with other inspectors of the Department, police officers, firefighters, or inspectors from other governmental bodies. 3. Types of Inspections. a. Code Official Directed. (1) Implied Consent. Any owner of a building, which is either the subject of a Vacant Building Permit or an application filed by a responsible person, for a Vacant Building Permit, is deemed to have given consent to inspections of the building. (2) Reinspections. At any time subsequent to the issuance of an Order to Repair, the Code Official may conduct reinspections to determine compliance with the Order to Repair. Such reinspections will be conducted only after a reasonable time has been afforded to a responsible party to comply with portions of the Order. Reinspections are subject to reinspection fees under Section 28.11. (3) Emergency Inspections/Emergency Repairs. If, at any time, the Code Official has reason to believe than an emergency situation exists with respect to the building, which tends to create an imminent hazard to health, welfare or safety of the general public, the Code Official may enter the building to inspect the premises, without notifying the responsible party or obtaining a warrant. If the Code Official finds an emergency situation exists in fact, which presents an imminent hazard to the health, welfare or safety of the general public, the maintenance of which, until such time as the responsible party could conduct the repairs, would be unreasonable, the Code Official may cause any reasonable action, including the employment of necessary labor and materials, to perform emergency repairs. Costs incurred in the performance of emergency repairs shall be paid by the City and the Code Official shall recover the costs through special assessments levied against the benefited property. A One Hundred ($100.00) Dollar administrative fee for processing and administering the special assessment shall be added to the special assessment against the benefited property. (4) Inspections Made Pursuant To A Special Inspection Warrant. If any responsible party takes any action contrary to the Implied Consent given by the owner in Section 28.09 B.3.a.(1), above, the owner hereby consents to the issuance of a Special Inspection Warrant by a judge of a court of competent jurisdiction, pursuant to Section 66.0119, Wisconsin Statutes, or any

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successor thereof. Any interior inspection made pursuant to a Special Inspection Warrant shall be deemed a reinspection for the purpose of imposition of fees pursuant to Section 28.11. b. Responsible Party Requests For Inspection. Requests from responsible parties for inspections of buildings which are both subject to a Vacant Building Permit and are under the control of the requesting responsible party. C. Issuance of Orders To Repair. The Code Official, upon inspection, shall issue orders to repair for work needed to: 1. Adequately protect the building from intrusion by trespassers and from deterioration by the weather in accordance with the Vacant Building Maintenance Standards set forth in this Code; and, 2. Ensure that allowing the building to remain will not be detrimental to the public health, safety and welfare, will not unreasonably interfere with the reasonable and lawful use and enjoyment of other premises within the neighborhood, and will not pose an extraordinary hazard to police officers or firefighters entering the premises in times of emergency. When issuing such orders, the Code Official shall specify the time for completion of the work. All work done pursuant to this Section shall be done in compliance with the applicable Building, Fire, Property Maintenance and Zoning Codes and Ordinances. D. Issuance of Vacant Building Permit. The Code Official shall issue a Vacant Building Permit upon being satisfied that the building has been inspected and is in compliance with the Vacant Building Maintenance Standards set forth in this Vacant Building Code, and is adequately protected from intrusion by trespassers and from deterioration by the weather. This Permit shall be effective for a period of three hundred sixty (360) days. E. Vacant Building Maintenance Standards. A vacant building or structure shall be deemed adequately protected from intrusion by trespassers and from deterioration by the weather if it satisfies the following Vacant Building Maintenance Standards: 1. Building Openings. Doors, windows, areaways, and other openings shall be weathertight and secured against entry by birds, vermin and trespassers. Missing or broken glass in doors, windows and other such openings shall be repaired/replaced with glass. No building opening shall be boarded. All first floor or ground level windows, doors and openings shall be free of any posters, paper or fabric coverings. 2. Roofs. The roof and flashings shall be sound and tight, not admit moisture, or have defects which might admit moisture, rain or roof draining; and, allow for drainage to prevent dampness or deterioration in the interior walls or interior of the building. 3.Drainage. The building storm drainage system shall be functional and installed in an approved manner, and allow discharge in an approved manner. 4. Building Structure. The building shall be maintained in good repair, structurally sound, and free from debris, rubbish and garbage. The building shall be maintained in a sanitary manner and in a manner that does not pose a threat to the public health, safety and welfare. 5. Structural Members. The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads. 6. Foundation Walls. The foundation walls shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to the public health, safety and welfare, shall be capable of supporting the load which normal use may cause to be placed thereon, and shall be free from open cracks and breaks, free from leaks, and be animal and rat-proof. 7. Exterior Walls. The exterior walls shall be free of holes, breaks, and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment. 8. Decorative Features. The cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be safe, anchored and in good repair. Exposed metal, wood or other surfaces shall be protected from the elements and against decay or rust by periodic applications of weather-coating materials, such as paint or similar surface treatment. 9. Overhanging Extensions. All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 10. Chimneys and Towers. Chimneys, cooling towers, smokestacks and similar appurtenances shall be structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 11. Walkways. Public walkways shall be in good repair, shall be safe for pedestrian travel, and shall be free of snow and ice. Snow and ice removal shall be completed within

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twenty-four (24) hours of a snowfall. 12. Accessory Building/Structures. Accessory buildings/structures such as garages, sheds and fences shall be free from safety, health and fire hazards; and, shall comply with these Vacant Building Maintenance Standards. 13. Exterior Premises. The premises upon which the structure or building is located shall be clean, safe, sanitary, free from waste, rubbish, garbage, excessive vegetation, exterior storage, and shall not pose a threat to the public health, welfare or safety. F. Vacant Building Permit Fee. The Common Council shall from time to time, by Resolution, establish a Vacant Building Permit fee. 28.10 BOARD OF HOUSING APPEALSAppeal and Fee. Any person receiving a notice of violation and order which has been issued in connection with the enforcement of any provision of this Code and aggrieved thereby, may appeal the order and shall be granted a hearing on the matter before the Board of Housing Appeals, provided that such person shall file in the Office of the Department of Neighborhood Services and Inspections a written notice of appeal and request for hearing, setting forth a brief statement of the grounds therefor, within twenty (20) days after the date the notice of violation and order was served. Upon receipt of such appeal, the Board of Housing Appeals shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice of violation and order should be modified or withdrawn. No appeal to the Board of Housing Appeals shall be deemed perfected or shall be heard until the appellant shall pay an appeal fee of Twenty-five ($25.00) Dollars. 28.11 REINSPECTION FEES To compensate the City for inspection and administrative costs related to the enforcement of this Chapter, an escalating fee established by the Common Council through resolution, may be charged for any reinspection following the initial inspection which resulted in a order for corrective action, and the first reinspection to determine compliance with an order for corrective action issued hereunder. There shall be no reinspection fee for a final inspection indicating compliance, or for a reinspection occurring during the period of an approved time extension granted for good cause and involving a good faith effort on the part of the property owner to comply with the order. Reinspection fees which are not paid by or on behalf of the property owner within thirty (30) days of mailing an invoice to the property owner of record on the City tax roll shall be charged and collected as a special assessment against the real estate upon which the reinspections were made, and shall be a lien upon the real estate until paid in full, with interest accruing on the unpaid balance at the rate of seven (7%) percent per annum. There shall also be a One Hundred ($100.00) Dollar administrative charge added to the charge and special assessment to cover the administrative costs of charging and specially assessing the property. 28.12 PENALTIES A. Violation Penalties. Any person who shall violate a provision of this Code shall, upon conviction, be subject to a forfeiture of not more than One Thousand ($1,000.00) Dollars; and, in addition, shall pay the costs and expenses of prosecution. Each day such violation continues shall be considered a separate offense. Failure to promptly pay said forfeiture shall subject the violator to be sentenced to the County Jail for a period not to exceed sixty (60) days. B. Abatement of Violation. The imposition of the penalties herein prescribed shall not precludethe City Attorney from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a structure or premises, or to stop an illegal act, conduct business, or utilization of the structure or premises. Section Two: This Ordinance shall become effective on January 1, 2008, after passage and publication.ATTEST:Debra L. Salas, Deputy City ClerkAPPROVED: John M. Antaramian, MayorPassed: July 16, 2007Published: July 20, 2007

RESOLUTIONS31. It was moved by Alderman Casey, seconded by Alderman Downing, to adopt Resolution 82-07 through 90-07. (31 through 35). A hearing was held. No one spoke for or against. On a roll call vote,

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motion carried (14-0) and said resolutions were thereupon adopted as follows:a. RESOLUTION NO. 82-07

BY: FINANCE COMMITTEETo Specially Assess Certain Parcels of Property for Reinspection Fees

BE IT RESOLVED, that special assessments for reinspection fees during 2007, in the total amount of $2,780.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 16 day of July, 2007.Approved: John M. Antaramian, MayorAttest:Debra L. Salas, Deputy City Clerk


To Specially Assess Certain Parcels of Property for Grass and Weed CuttingBE IT RESOLVED, that special assessments for weed/grass cutting during 2007, in the total amount of $9,491.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 16 day of July, 2007.Approved: John M. Antaramian, Mayor Attest:Debra L. Salas, Deputy City Clerk


To Specially Assess Certain Parcels of Property for Boarding and SecuringBE IT RESOLVED, that special assessments for boarding and securing during 2007, in the total amount of $2,102.48, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 16 day of July, 2007.Approved:John M. Antaramian, MayorAttest:Debra L. Salas, Deputy City Clerk


To Specially Assess Certain Parcels of Property for Trimming of Bushes Hanging Over the Public Right-of-Way

(Miscellaneous Assessment)BE IT RESOLVED, that special assessments in the total amount of $320.00 be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Approved:John M. Antaramian, MayorAttest:Debra L. Salas, Deputy City Clerk


To Rescind One (1) Administrative Fee for a Special Assessment Levied by Resolution No. 056-07 Against Parcel No. 03-122-03-407-040 (6806 57th Avenue), Kenosha, WisconsinWHEREAS, on May 21, 2007, the Common Council of the City of Kenosha, Wisconsin, adapted Resolution No. 056-07 levying special assessments for boarding and securing various buildings within the

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City of Kenosha, Wisconsin, at the request of the Department of Neighborhood Services and Inspections; and, WHEREAS, the Department of Neighborhood Services and Inspections has determined that an administrative fee in the amount of $100.00 should be rescinded on one (1) of those parcels; to wit: Parcel No. 03-122-03-407-040 (6806 57th Avenue), Kenosha, Wisconsin. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the administrative fee of $100.00 levied by Resolution No. 056-07 against Parcel No. 03-122-03-407-040 (6806 57th Avenue), Kenosha, Wisconsin be and hereby is rescinded; and, that the total amount of the resolution be decreased by $100.00, so that the total amount of the resolution is $2,481.36. Approved:John M. Antaramian, MayorAttest:Debra L. Salas, Deputy City Clerk

32. RESOLUTION NO: 87-07BY: THE PUBLIC WORKS COMMITTEETO APPROVE A CERTIFIED SURVEY MAP

Property at the northeast corner of 88th Avenue & 52nd Street (First Industrial Investments)BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map for property at the northeast corner of 52nd Street and 88th Avenue is herein and hereby approved subject to the following conditions:1. Compliance with all applicable State and City codes and ordinances.2. Payment of all applicable fees, including recording fees. 3. Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided.4. The Certified Survey Map shall dedicate a public street to allow access to the property to the north. Final location of the street is subject to City approval.5. The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 6.The Certified Survey Map shall be revised to show the public street right-of-way width as sixty-six (66') feet wide. The street shall be labeled “Dedicated for public street purpose.” 7.Applicant will enter into a Subdivider’s Agreement with the City of Kenosha and Kenosha Water Utility. The Agreement shall be in a form drafted and approved by the City Attorney. The Agreement shall determine responsibility and timeframes for the construction of all improvements required by the City and Utility and all other improvements proposed by the applicant which will serve the subdivision. The Certified Survey Map shall not be recorded and no building or structure shall be constructed or installed within the Certified Survey Map area until a Subdivider’s Agreement has been approved and executed. 8. Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map. Adopted this 16 day of July, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO APPROVE A THREE-LOT CERTIFIED SURVEY MAPProperty located at 5419 65th Street (Altreuther)

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map relating to three (3) parcels located at 5419 65th Street is herein and hereby approved subject to the following conditions:1. Compliance with all applicable State and City codes and ordinances. 2. Payment of all applicable fees, including recording fees.

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3. Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided.4.The north lot line of Lot B-2 shall be shifted to achieve the required three (3') foot minimum setback needed for the existing detached garage on Lot B-1. 5.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.6.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 7. Any out-buildings on Lot B-2 and/or B-3 shall be razed or relocated onto Lot B-1 prior to recording of the Certified Survey Map. 8.Payment of the right-of-recovery fee to the City of Kenosha in the amount of $41,632.60 per the Forest Meadows Developers Agreement recorded as Document #1506560.Adopted this 16 day of July, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

34. RESOLUTION NO: 89-07BY: THE PUBLIC WORKS COMMITTEETO APPROVE A CERTIFIED SURVEY MAP

Creating two-lots and one outlot at 2804 39th Avenue (KUSD/Stanich)BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map creating two-lots and one outlot at 2804 39th Avenue is herein and hereby approved subject to the following conditions: 1.Compliance with all applicable State and City codes and ordinances. 2.Payment of all applicable fees, including recording fees. 3.Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided. 4.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 5.No building permits shall be issued for Parcel 2 until a Developers Agreement is entered into and the owner/developer constructs 30th Street. 6.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map. Adopted this 16 day of July, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

35. RESOLUTION NO. 90-07BY: COMMITTEE ON

PUBLIC WORKSTO ORDER THE COST OF PUBLIC SIDEWALK AND/OR DRIVEWAY APPROACH

CONSTRUCTION AND/OR REPLACEMENT TO BE SPECIALLY ASSESSED TO ABUTTING PROPERTY

WHEREAS, on the 16th day of July, 2007, the Common Council of the City of Kenosha, Wisconsin, held a properly noticed Public Hearing and heard all persons wishing to be heard regarding public sidewalk and/or driveway approach construction, and/or replacement, at the cost of owners of parcels of property listed in a report on file in the Office of the Department of Public Works for the City of Kenosha, Wisconsin, which abut the following Streets: Hunter's Ridge Subdivision (3218 16th St, 3208 16th St, 1638 32nd Ave, 1729 32nd Ave,1747 32nd Ave, 3317 16th St, 3317 17th St, 1613 36th Ave) NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 5.05 of the Code of General Ordinances, and Section 66.60(16), Wisconsin Statutes: 1. The owner of each parcel described on file may have the sidewalk and driveway

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approach abutting said parcel constructed, repaired or replaced ( Work″) on or before the 22nd day of‶ June, 2007, upon obtaining a proper permit under Chapter 5 of the Code of General Ordinances. 2. If the owner fails to complete such Work within the time specified, the Common Council shall cause the Work to be done at the expense of the property owner by contract let to the lowest responsible bidder, and the Work will be paid for by assessing the cost of the Work to the benefited property. Invoices for said Work will be sent out on or about the 1st of November. If the cost of Work is under One Hundred ($100.00) Dollars, it shall be paid in its entirety within thirty (30) days of receipt of invoice. If the cost of Work is over One Hundred ($100.00) Dollars, it may be paid in its entirety within thirty (30) days of receipt of invoice, and if not so paid, placed on the tax roll for a period of three (3) years at an interest rate of seven and one-half (7.5%) per annum. If not paid within the period fixed, such a delinquent special charge shall become a lien as provided in Section 66.60(15), Wisconsin Statutes, as of the date of such delinquency, and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge. 3. The Director of Public Works shall serve a copy of this Resolution on each property owner by publishing the same in the official newspaper, together with a mailing by first class mail to the owner, if their post office address is known or can be ascertained with reasonable diligence. Adopted this 16th day of July, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTESTDEBRA L. SALAS, DEPUTY CITY CLERK 36. It was moved by Alderman Robinson, seconded by Alderman Haugaard, to adopt Resolution 91-07. On roll call vote, motion carried (12-2) with Alderman Casey and Downing voting nay and said ordinance was thereupon adopted as follows:

RESOLUTION NO. 91-07BY: ALDERPERSON

RONALD R. FREDERICK,ALDERPERSON DON MOLDENHAUER, ALDERPERSON DONALD RUEF,

ALDERPERSON RAY MISNER,ALDERPERSON ERIC J. HAUGAARD, ALDERPERSON DONALD K. HOLLAND, &

ALDERPERSON G. JOHN RUFFOLOTO SUPPORT STATE SENATE BILL 150, ENTITLED THE "BREATHE FREE WISCONSIN

ACT"WHEREAS, State Senate Bill 150, known as the "Breathe Free Wisconsin Act", is currently pending in the Wisconsin State Legislature; and, WHEREAS, Senate Bill 150 would uniformly prohibit smoking at all Wisconsin worksites, including restaurants and taverns; and, WHEREAS, our neighboring States of Minnesota and Illinois have recently passed comprehensive smoke-free laws; and, WHEREAS, the City of Kenosha, Wisconsin, has been in the vanguard of local legislation by enacting a Smoke-Free Dining Ordinance in 2000; and, WHEREAS, Senate Bill 150 has the formal support of such diverse groups as the Wisconsin Medical Society, Wisconsin Restaurant Association, League of Wisconsin Municipalities, Wisconsin Public Health Association and the Wisconsin Innkeepers Association; and, WHEREAS, it is genuinely hoped that passage of Senate Bill 150 will have a salutary impact on the thirty-three (33%) percent of adults in Kenosha County who still smoke (twenty-two percent Statewide); reduce the two hundred seventeen (217) annual deaths we experience; and, lower the Sixty-Two Million ($62,000,000) Dollars in annual health care costs incurred. Most of all, a Statewide, smoke-free, indoor environment will prove to be a legacy of life for our youth. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that it shall help WISCONSIN BREATH FREE by promoting smoke-free worksites as specified in State Senate Bill 150; and, that this support shall be communicated to the Governor, all Kenosha-area State Legislative Representatives, and other organizations interested in a smoke-free Wisconsin. Adopted this 16 day of July, 2007.

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APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKIt was moved by Alderman Casey, seconded by Alderman Ruef, to adopt Resolutions 92-07 and 93-07. On roll call vote, motion carried (14-0) and said resolutions was thereupon adopted as follows:

37. RESOLUTION NO: 92-07BY: THE MAYOR

APPROVING THE FINAL PLAT FOR RIVERWOODS SUBDIVISIONLocated South of 18th Street and East of 47th Avenue

WHEREAS, a map and Final Plat for Riverwoods Subdivision, located south of 18th Street and east of 47th Avenue, has been submitted to the Common Council of the City of Kenosha, Wisconsin; andWHEREAS, said map and Final Plat have been properly certified, acknowledged and executed in the form according to law upon due consideration thereof. NOW THEREFORE, BE IT RESOLVED that the Final Plat of subdivision be and the same hereby in all things approved and the City Clerk be and hereby ordered to attach to the map of said subdivision the seal of the City of Kenosha and sign his name as City Clerk to the certificate of approval of said Final Plat subject to the following Conditions of Approval: 1.Approval of the Plat by the State Department of Administration. 2.Payment of unpaid real estate taxes, special assessments and sanitary sewer impact fees on the parcel of real estate which is being divided prior to the recording of the Final Plat. 3.Applicant entering into a Subdivider’s Agreement with the City of Kenosha and Kenosha Water Utility. The agreement shall be in a form drafted and approved by the City Attorney. Agreement shall determine responsibility and timeframes for the construction of all improvements required by the City and Utility and all other improvements proposed by applicant which will serve the subdivision. The Final Plat shall not be recorded and no building or structure shall be constructed or installed within the subdivision until a Subdivider’s Agreement has been approved and executed.4.The final Grading/Drainage Plan shall be submitted for review and approval addressing the items listed in the June 6, 2007 Public Works memo. 5.The final Utility Plan shall be submitted for review and approval addressing the items listed in the June 14, 2007 Kenosha Water Utility memo. 6.Compliance with City and State codes and ordinances. 7.Payment of all applicable fees, including recording fees prior to recording of the plat. All required park fees shall be paid at the time of issuance of building permits per Chapter 35 of the Code of General Ordinances. 8.All Conditions of Approval for the Preliminary Plat (Resolution #129-06) shall be addressed. 9.Compliance with all the preceding conditions as prerequisite for authorizing the City Clerk and Mayor to sign the plat. 10.The Final Plat shall be submitted to the City Clerk for signature within the time required under Section 236.25(2)(b) of the State Statutes and 17.04 I.4 of the Code of General Ordinances or the plat shall be null and void. 11.Applicant shall provide the City with a digital copy of the Final Plat prior to recording of the plat. 12.The entirety of Parcels #07-222-23-101-030 and #07-222-23-101-040 shall be shown on the Plat. Any land not proposed for immediate development shall be labeled as an outlot. 13.A temporary turnaround shall be shown at the north end of 45th Avenue and at the south end of 21st Place. Any lot that is affected by a Temporary Turnaround Easement is not buildable until the street is continued with a future phase and the easement is removed. 14.The City of Kenosha will be responsible for waste collection for Lots #12, #13, #14 and #15. Waste collection shall only occur at 21st Street for Lots #12, #13, #14 and #15. 15.Street trees must be thirty (30') feet away from street lights, traffic signals, signs and intersections. City Forester to approve final street tree locations. Street trees are not to be installed until curb, sidewalk, lawn park topsoil and residence have been installed. 16.Lot #20 requires a street tree. 17.Evergreen trees are not permissible as a City parkway tree. 18.Public sidewalk shall be included along the west side of the public right-of-way on 46th Avenue between 21st Street and 21st Place. 19.Detail on all street lights shall be provided. The use of wood poles is prohibited. Adopted this 16 day of July, 2007

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38.RESOLUTION NO. 93-07BY: THE MAYOR

TO CREATE WARD 65, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 1, 54, 62 and 65 – HOLY NATIVITY EVANGELICAL LUTHERAN CHURCH,

2313-17th AVENUEWHEREAS, Attachment Ordinance No. 45-07 attached parcel 80-4-222-131-0005, 1216 - 22nd Avenue, located in the Town of Somers into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the attached parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land attached under Attachment Ordinance No. 45-07 be placed in City of Kenosha Voting Ward 65, District 1, and that the polling place for wards 1, 54, 62 and 65 be combined to Holy Nativity Evangelical Lutheran Church, 2313 - 17th Avenue, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes.Adopted this 16th day of July, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTSIt was moved by Aldrman Casey, seconded by Alderman Ruef, to approve:39. Award of Contract for Project #07-1019 Joint, Crack Cleaning and Sealing (Citywide Locations and Airport) to Behm Pavement Maintenance, Crystal Lake, Illinois in the amount of $131,000.00. (All Districts)40. Award of Contract for Project #07-1013 7th Avenue Reconstruction (49th Street to Sheridan Road) to Cicchini Asphalt, Kenosha, Wisconsin in the amount of $1,700,000.00. (Districts 1 & 2)On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Casey, seconded by Alderman Ruef, to approve:41. Developers Agreement between the City of Kenosha, First Industrial Investments, Inc., and the Kenosha Water Utility for Property at the Northeast Corner of 88th Avenue and 52nd Street. (First Industrial Investments, Inc.) 42. Developers Agreement between the City of Kenosha, Regency Hills-Riverwoods, LLC, and the Kenosha Water Utility for Property Located South of 18th Street on 47th Avenue. (Riverwoods) 43. 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Intergovernmental Agreement between the City of Kenosha and County of Kenosha. 44. Acquisition of Tax Deeded Property located at 1342 50th Street by the Redevelopment Authority of Kenosha, Aldermanic District #6. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Alderman Casey, seconded by Ruef, to approve:45. Disbursement Record #12 – $5,209,145.90 On roll call vote, motion carried unanimously.

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RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS46. It was moved by Alderman Casey, seconded by Alderman Ruef, to approve:a. Acceptance of Project for Street Division Upgrades (6415 35th Avenue & Citywide Locations) which has been satisfactorily completed by Johnson Controls, Inc., Milwaukee, Wisconsin in the amount of $553, 679.00. (All Districts)b. #05-1207 Municipal Office Upgrades (625 52nd Street) which has been satisfactorily completed by Johnson Controls, Inc., Milwaukee, Wisconsin in the amount of $465,700.00. (District 2)c. #06-1421 Anderson Park Diamond Lighting (85th Street @ 26th Avenue North and East Diamonds) which has been satisfactorily completed by Page Electric Co., Inc, Berlin, Wisconsin in the amount of $87,482.75. (District 9)On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Marks, seconded by Alderman Robinson, to adjourn at 8:40 p.m. On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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August 6, 2007John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200August 6, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:03 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Spair, Robinson, Ruef, Butler, Frederick, Misner, Pitts, and Polzin, Jr. Excused: Aldermen Sinclair, Marks, Casey, Pacetti and Downing. The invocation was given by Alderman Moldenhauer. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Pitts, seconded by Alderman Spair, to approve the minutes of the meeting held July 16, 2007. Motion carried unanimously. Two (2) Citizens spoke during Citizen's Comments: Chris Miller and Mark Molinaro.

TO THE COMMITTEE ON FINANCE1. Offer of sale agreement for 6106-60th Street, Aldermanic District #16. (Nash Park) (Also refer to City Plan Commission and Board of Parks Commission)2. Proposed resolution to amend the City of Kenosha Capital Improvement Program for 2006 by decreasing line OT-06-005 “North American Sintered Metal (Street Garage)” by $80,000 and creating Line FI-07-011 “Fire Station Relocations” by $80,000 for a Net Change of $0. (Also refer to Public Safety & Welfare Committee and City Plan Commission)3. Proposed resolution to authorize disbursement from the Dairyland Trust Fund for the Wolfenbuttel Student Exchange Program in the amount of $5,000.

TO THE PUBLIC WORKS COMMITTEE4. Resolution to approve a certified survey map located on the 7000 block of 120th Avenue, Aldermanic District #17. (Ventura) (Also refer to City Plan Commission)

TO THE PUBLIC SAFETY AND WELFARE COMMITTEE5. Proposed ordinance to repeal and recreate Sections 14.07 B. and C., and Section 14.07 K., regarding rabies vaccinations.6. Zoning ordinance amendments – nonconforming uses. (Also refer to City Plan Commission)

TO THE CITY PLAN COMMISSION7. Proposed resolution to amend the official map for the City of Kenosha, Wisconsin, to include the attachment of parcel no. 80-4-222-262-0120, also known as 3132 - 47th Avenue, in the Town of Somers, Kenosha County, Wisconsin, in accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes [Janik and Kraska – Property Owners]8. Petition to rezone property located at 4422 Washington Road from A-2 Agricultural Land Holding to RR-3 Urban Single-Family Residential, District #5. (City Plan Commission-Shemanske/Millhouse)


OF DEPARTMENTS9. It was moved by Alderman Butler, seconded by Alderman Spair, to approve:a. 36 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file

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in the office of the City Clerk.c. 4 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. 1 application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.10. It was moved by Alderman Butler, seconded by Alderman Spair, to receive and file amendment to the Corridor Land Use Plan and the Green Bay Road/60th Street Neighborhood Plan for property located at 6213-60th Street (City Plan Commission Resolution #11-07) On a voice vote, motion carried with Alderman Pitts abstaining.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS11. It was moved by Alderman Haugaard, seconded by Alderman Frederick, to approve the following applications for new Operator's (Bartender) licenses, subject to:-15 demerit points:a. Tiffany N Dutton-25 demerit points:b. Sarah M Belandc. Amanda L Kangasd. Lucerito Patinoe. Heather C Weidner-50 demerit points:f. Rebecca L Reedg. Lora K Vescova-75 demerit points:h. Randy A Lockharti. Lucerito Santana de Argumedoj. Alex R Wente A hearing was held. The applicants did not appear. On a voice vote, motion carried.12. It was moved by Alderman Robinson, seconded by Alderman Haugaard, to DENY the following applications for new Operator's (Bartender) licenses, based on material police record & false application:a. Tamika R Hardyb. Robert T Skripskyc. Erica M Wolkomir A hearing was held. The applicants did not appear. On a voice vote, motion carried.13. It was moved by Alderman Robinson, seconded by Alderman Ruffolo, to DENY application of Jacob A Louden for a Taxi Driver's license, based on material police record & false application. A hearing was held. The applicant did not appear. On a voice vote, motion carried.14. It was moved by Alderman Frederick, seconded by Alderman Haugaard, to approve application of Jason R. Thomas for a Taxi Driver's license, subject to 50 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.15. It was moved by Alderman Robinson, seconded by Alderman Frederick, to approve application of Chihuahua's Grill, LLC, Rene Cabrales, agent, for a Class “B” Beer/ “Class B” Liquor license located at 2200-60th St, (Chihuahua Grill), with acceptance of a conditional surrender of a similar license at the same location from Rogelio Perez, subject to 50 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.16. It was moved by Alderman Robinson, seconded by Alderman Haugaard, to approve application of CD/DVD International, LLC (Candice M. Eisenhauer), for a Secondhand Article Dealer license located at 3717-80th St, (CD Warehouse). A hearing was held. The applicant did not appear. On a voice vote, motion carried.17. It was moved by Alderman Frederick, seconded by Alderman Haugaard, to approve application of

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Captain Mike's Kenosha Tavern, LLC, David Schulte, Agent, for a Temporary Outdoor Extension of the Class “B” Beer/”Class B” Liquor License for August 11, 2007, located at 5118-6th Avenue, (Captain Mike's), and approve request to change the closing time to 12:00 Midnight. (2nd District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.

ORDINANCES 1ST READING It was moved by Alderman Robinson, seconded by Alderman Polzin, to send the following ordinances on their way:18. By Alderpersons Polzin, Pacetti, Robinson and Misner – To create Section 11.033, entitled “Sexual Offender Residency Restrictions”.19. By the Mayor - Attachment and Temporary Zoning District Classification Ordinance City of Kenosha/Town of Somers, 3132-47th Avenue (80-4-222-262-0120 Under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan, Janik & Kraska) On a voice vote, motion carried.

ZONING ORDINANCES 1st READING20. It was moved by Alderman Robinson, seconded by Alderman Polzin, to send the following ordinance on its way: By the Mayor - To rezone property located at 6213 – 60th Street from A-2 Agricultural Land Holding to B-2 Community Business District (Pave the Planet, L.L.C). On a voice vote, motion carried.

ORDINANCES 2ND READING21. It was moved by Alderman Pitts, seconded by Alderman Haugaard, to adopt Ordinance 48-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ATTACHMENT AND TEMPORARY ZONING DISTRICT CLASSIFICATION ORDINANCEUnder Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved

Cooperative Plan Parcel Nos. 80-4-222-261-0360,4422 Washington Road,

Town of Somers [Shemanske and Millhouse - Property Owners]ORDINANCE NO. 48-07

BY: THE MAYORAttaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of two (2), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after August 11, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes. Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of

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the 66th Ward of the 5th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality Maps are available for viewing in the City Clerk's Office.shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and August 6, 2007, as provided by law.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: August 6, 2007

PUBLISHED: August 10, 200722. It was moved by Alderman Polzin, seconded by Alderman Ruffolo, to adopt Ordinance 49-07.

A public hearing was held. Two (2) people spoke against said ordinance. One (1) person spoke in favor. The public hearing was closed. It was then moved by Alderman Robinson, seconded by Alderman Polzin to allow the attorney for one of the property owners (who spoke previously) speak again. On a voice vote, motion carried.

On roll call vote, motion carried (11-0) with Alderman Pitts abstaining and said ordinance was thereupon adopted as follows:

ATTACHMENT AND TEMPORARY ZONING DISTRICT CLASSIFICATION ORDINANCE

Under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan Parcel Nos. 80-4-122-031-0360;

80-4-122-032-0070; 80-4-122-032-0072; and 80-4-122-032-0074; 6213 - 60th Street, Town of Somers[Pave The Planet, L.L.C. - Property Owners]


Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of zero (0), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after August 11, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and

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remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes.Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 67th Ward of the 17th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and August 11, 2007, as provided by law.

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Maps are available for viewing in the City Clerk's Office.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

PASSED: August 6, 2007PUBLISHED: August 10, 2007

ZONING ORDINANCES 2ND READING23. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Ordinance 50-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 1251 – 25TH AVENUE FROM A-2 AGRICULTURAL LAND HOLDING TO RS-1 SINGLE-FAMILY

RESIDENTIAL [Dropp/Monardi]The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z19-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property

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owner/developer on the 5th day of July, 2007, as required in Section 10.02 A. of the Zoning Ordinance. Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.

Maps are available for viewing in the City Clerk's Office.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: August 6, 2007PUBLISHED: August 10, 200724. It was moved by Alderman Haugaard, seconded by Alderman Ruef, to adopt Ordinance 51-07.

A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was

thereupon adopted as follows:REZONING ORDINANCE NO. 51-07

BY: THE MAYORZoning: TO REZONE PROPERTY LOCATED AT 6107 – 7TH

AVENUE FROM IP INSTITUTIONAL PARK TO RG-2 GENERAL RESIDENTIAL [Caron]The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z20-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.

Maps are available for viewing in the City Clerk's Office.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: August 6, 2007PUBLISHED: August 10, 200725. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Ordinance 52-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

REZONING ORDINANCE NO. 52-07

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BY: THE MAYORZoning: TO REZONE PROPERTIES LOCATED AT THE NORTHEAST CORNER OF

60TH STREET AND 88TH AVENUE FROM A-2 AGRICULTURAL LAND HOLDING TO M-2 HEAVY MANUFACTURING [Friedrich, et al.]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z21-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 5th day of July, 2007, as required in Section 10.02 A. of the Zoning Ordinance. Section Three: This Ordinance shall be in full force and Maps are available for viewing in the City Clerk's Office.effect upon passage and the day after its publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:

DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: August 6, 2007PUBLISHED: August 10, 2007

RESOLUTIONS It was moved by Alderman Ruef, seconded by Alderman Butler, to adopt

Resolutions 94-07 through 99-07. (items 26, 27, 28, 30, 31 and 32) NOTE: Common Council was unable to take action on items 29 and 33, because the the Finance Committee was unable to made a recommendation prior to this meeting due to lack of quorum.

On roll call vote, motion carried unanimously on items 28, 30 and 31 and 11-0 on items 26, 27 and 32 with Alderman Pitts abstaining. Said resolutions were thereupon adopted as follows:


TO APPROVE A TWO-LOT CERTIFIED SURVEY MAPProperty at the southeast corner of 60th Street and Green Bay Road (Pave the Planet)

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map for property at the southeast corner of 60th Street and Green Bay Road is herein and hereby approved subject to the following conditions: 1.Compliance with all applicable State and City codes and ordinances. 2.Payment of all applicable fees, including recording fees. 3.Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided. 4.A note shall be placed on the Certified Survey Map that no development shall occur on Lot 1 or 2 until a drainage Plan has been submitted and approved by the City. 5.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 6.The Certified Survey Map shall not be recorded until the property has been attached to the City. 7.A note shall be placed on the Certified Survey Map that cross access shall be provided between the two lots. 8.The existing structures on the shall be razed prior to the City signing the Certified Survey Map.9.Additional right-of-way dedication is required along STH 31 and must be shown on the plan. 10.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.Adopted this 6th day of August, 2007APPROVED:

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JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO APPROVE A TWO-LOT CERTIFIED SURVEY MAPProperty at the northeast corner of 60th Street and 88th Avenue (Danah)

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map for property at the northeast corner of 60th Street and 88th Avenue is herein and hereby approved subject to the following conditions: 1.Compliance with all applicable State and City codes and ordinances. 2.Payment of all applicable fees, including recording fees. 3.Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided. 4.The existing buildings shall be razed prior to the City signing the Certified Survey Map. 5.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 6.A note shall be included on the Certified Survey Map that cross access shall be provided between the two lots. 7.An additional seventy (17') feet (amounting to 50 feet total) of right-of-way shall be dedicated for 60th Street and 88th Avenue. 8.The existing vision triangle on 88th Avenue and 60th Street must be shown on the Certified Survey Map. 9.The Certified Survey Map shall show that no driveway access is permitted onto 88th Avenue from Lot #1. Driveway access is also not permitted on 60th Street form Lot #1 three hundred (300') feet east of the west lot line. 10.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.Adopted this 6th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY ASSESSMENTS FOR RESURFACING PHASE III PROJECT #07-1018

(48th Avenue - 58th Street to 60th Street & 85th Street - 30th Avenue to 32nd Avenue)RESURFACING 58TH STREET

PROJECT #07-1607(14th Avenue to 150 ft West)

WHEREAS, it is expedient, necessary and in the best interest of the City of Kenosha, and for benefit of the property affected thereby that improvements in street right-of-ways: sidewalk, and/or driveway approaches. NOW, THEREFORE, BE IT RESOLVED, By the Common Council of Kenosha, Wisconsin:1. The Common Council hereby declares its intention to exercise its police power under Section 66.60, Wisconsin Statutes, to levy special assessments on all property fronting upon both sides of the street within the above limits for benefits conferred upon property by improvement of the streets enumerated above. 2. Said public improvement shall include the improvements in street right-of-ways: permanent pavement, and/or curb and gutter, and/or grading and graveling and/or sidewalk, and/or driveway approaches. 3. The Common Council determines that the improvements constitute an exercise of the police power and the amount assessed against each parcel shall be based on a per front foot or per square foot rate. 4. The assessments against any parcel may be paid in a lump sum or in three (3) annual installments, at the election of the property owner. 5. The Board of Public Works is directed to prepare a report consisting of: a. Preliminary plans and specifications for said improvements. b. An estimate of entire cost of the proposed improvements and in street right-of-way. c. Schedule of proposed assessments.

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6. Upon receiving the report of the Board of Public Works (Public Works Committee), the Clerk is directed to give notice of public hearings on such report, as specified in Section 66.60(7) of the Wisconsin Statutes. The hearings shall be held at the Municipal Office Building at a time set by the Clerk, in accordance with Section 66.60(7), Wisconsin Statutes. Adopted this 6th day of August, 2007, A.D.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: August 6, 2007PUBLISHED: August 10, 200729. The following proposed resolutions by the Finance Committee were not acted upon because the Finance Committee did not make a recommendation prior to this meeting due to lack of quorum:a. To Specially Assess Certain Parcels of Property for Razing/Pre-Razing of Structuresb. To levy a special assessment under authority of charter ordinance no. 26, as amended, upon certain parcels of land within the City of Kenosha, Wisconsin30. RESOLUTION NO. 97-07

BY: THE MAYORTO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO MODIFY

VARIOUS FUTURE STREETS LOCATED BETWEEN 12TH STREET AND 14TH STREET, AND BETWEEN 22ND AVENUE AND 25TH AVENUE, PURSUANT TO SECTION 62.23(6),

WISCONSIN STATUTESWHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, Section 62.23(6)(c), Wisconsin Statutes, provides for the amendment of the Official Map so as to establish the exterior lines of planned new streets, hereinafter referred to as "future streets", for the purpose of conserving and promoting the public health, safety, convenience and general welfare; and, WHEREAS, the City of Kenosha, Wisconsin, previously adopted future streets on its Official Map in order to ensure proper development and access within the neighborhood lying within the Northeast Quarter of Section 13, Town 2 North, Range 22 East of the Fourth Principal Meridian, lying and being within the City of Kenosha and the Township of Somers, Kenosha County, Wisconsin, more generally located between 12th Street and 14th Street, and between 22nd Avenue and 25th Avenue; and, WHEREAS, the City Plan Commission conducted a Public Hearing and adopted the Parkside South Neighborhood Plan on July 5, 2007, and certified said Plan to the Common Council, which modifies various future streets within said previously described neighborhood, as depicted on Exhibit "A", which is incorporated herein by reference.NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation and modification of various future streets as depicted on Exhibit "A", which is incorporated herein by reference.Adopted this 6th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK31. RESOLUTION NO. 98-07

BY: THE MAYORTO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO

INCLUDE THE ATTACHMENT OF PARCEL NO. 80-4-222-261-0360, ALSO KNOWN AS 4422 WASHINGTON ROAD, IN THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN

ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES

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[Shemanske and Millhouse – Property Owners]WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel No. 80-4-222-261-0360, also known as 4422 Washington Road, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on August 6, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel No. 80-4-222-261-0360, also known as 4422 Washington Road, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel No. 80-4-222-261-0360, also known as 4422 Washington Road, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 6th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NOS. 80-4-122-031-0360, 80-4-122-032-0070, 80-4-122-032-0072; AND 80-4-122-032-0074, ALSO KNOWN AS 6213 - 60th Street, IN THE TOWN OF

SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS COOPERATIVE PLAN UNDER SECTION 66.0307

OF THE WISCONSIN STATUTES [Pave The Planet, L.L.C. – Property Owners]WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel Nos. 80-4-122-031-0360, 80-4-122-032-0070, 80-4-122-032-0072, and 80-4-122-032-0074, also known as 6213 - 60th Street, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on August 11, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel Nos. 80-4-122-031-0360, 80-4-122-032-0070, 80-4-122-032-0072 and 80-4-122-032-0074, also known as 6213 - 60th Street, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel Nos. 80-4-122-031-0360, 80-4-122-032-0070, 80-4-122-032-0072 and 80-4-

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122-032-0074, also known as 6213 - 60th Street, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 6th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK33. Common Council was unable to act upon the proposed resolution by the Mayor - To adopt a project plan amendment for tax incremental district Number Four, City of Kenosha, Wisconsin, under Section 66.1105(4)(h)1., Wisconsin Statutes because the Finance Committee was unable to make a recommendation due to lack of quorum.


34. It was moved by Alderman Ruef, seconded by Alderman Butler, to approve appointment of Diane Kastelic as the KUSD Representative to the Library Board for a term to expire July 1, 2010. On roll call vote, motion carried unanimously.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS35. It was moved by Alderman Ruef, seconded by Alderman Butler, to approve award of contract for Project #06-1425, KAT Baseball Complex – Flat Work (39th Avenue @ 42nd Street) to Platt Constructions, $140,000.00. On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS36. It was moved by Alderman Ruef, seconded by Alderman Butler, to approve lease between City and Kenosha Hangar, LLC, #4423. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Ruef, seconded by Butler, to:37. Approve Disbursement Record #13–$4,025,143.84. 38. Council was unable to act upon the 2008 Community Development Block Grant (CDBG) Fund Allocation Plan because the Finance Committee was unable to make a recommendation due to lack of quorum.39. Receive and file KABA 2nd Quarter RLF & UDAG loan fund reports. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS It was moved by Alderman Ruef, seconded by Alderman Butler to approve Final Acceptance of:40. Approve release of temporary easements from Certified Survey Map #2176, Tirabassi Subdivision detention basin. 14th District.41. Approve final acceptance of projects:a. #06-1208, Sidewalk & Curb/Gutter Program (Citywide locations), by Cornerstone Pavers, LLC, $334,580.95.b. #06-1213, Municipal Office Building-ADA building modifications (625-52nd Street), by Camosy, Inc., $93,999.38. On roll call vote, motion carried unanimously.

ADJOURNMENT

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There being no further business to come before the Common Council, it was moved by Ruef, seconded by Alderman Butler, to adjourn at 8:00 p.m. On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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CHAMBERS ROOM 200Monday, August 20, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:04 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Spair, Robinson, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Pacetti, Downing and Polzin, Jr. The invocation was given by Alderman Frederick. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve the minutes of the meeting held August 6, 2007. Motion carried unanimously. Four (4) Citizens spoke during Citizen's Comments: Walter Jepson, Barb Rankin, Michael Bell and Mark Lentz, Sr.

TO THE COMMITTEE ON FINANCE1. Proposed Resolution to Amend the Table of Organization for the Police Department.

TO THE CITY PLAN COMISSION2. Resolution designating the boundaries of the proposed Wilson Neighborhood Redevelopment Project area and the Finding and Declaration that the site is a blighted area.


OF DEPARTMENTS3. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve:a. 20 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. 1 application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. There were no application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS4. It was moved by Alderman Haugaard, seconded by Alderman Downing, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Sherri V. Harrisb. Amber L. Mollman-40 demerit points:c. David C. Schulte-75 demerit points:d. Jennifer N. Vogte. Heather A. Zaionc A hearing was held. Applicant d. was present and spoke. On a voice vote, motion carried.

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5. It was moved by Alderman Haugaard, seconded by Alderman Downing, to DENY application of Jerri S. Marvin for a new Operator's (Bartender) license, based on material police record & false application. A hearing was held. The applicant did not appear. On a voice vote, motion carried.6. It was moved by Alderman Downing, seconded by Alderman Sinclair, to approve application of Music Center, Inc. for a Secondhand Article Dealer license located at 7700 Green Bay Rd, (Music Center). (15th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.7. It was moved by Alderman Frederick, seconded by Alderman Haugaard, to approve application of Huayi, LLC, Yi Jing Zhang, Agent, for a Class “B” Beer Only License located at 4820-75th St, (King Buffet), with acceptance of a conditional surrender of a similar license at the same location from Ai Xong Jiang and Chen B. Song, subject to holds. (15th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.8. It was moved by Alderman Ruef, seconded by Alderman Frederick, to approve application of BC Tavern of Kenosha, Inc., Betty Christensen, Agent, for a Class “B” Beer/”Class B” Liquor License located at 4626 Sheridan Rd, (SOS Club), with acceptance of a conditional surrender of a similar license at the same location from Betty Christensen, to be effective August 21, 2007, subject to 0 demerit points. (2nd District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.9. It was moved by Alderman Pitts, seconded by Alderman Sinclair, to approve application of CLS, Inc ., for a transfer of agent status of the Class “B” Beer/”Class B” Liquor License located at 8303-22nd Ave, (Shenanigan's Pub), from Brenda Gallagher to Steve Robe, subject to 75 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.10. It was moved by Alderman Frederick, seconded by Alderman Downing, to approve application of Euro-Meats, LLC, for an Outdoor Extension of the Class “B” Beer/”Class B” Liquor License located at 6611-120th Ave, (Triple B Pub), with requests to: a.) waive the fence requirement and b.) waive the amplified music restriction because the licensed premises, including the outdoor area, equals or exceeds one (1) acre in size, and c.) change the closing time to 12:00 Midnight. (17th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.11. It was moved by Alderman Frederick, seconded by Alderman Sinclair, to approve request from Sheridan Lanes, Inc., to amend the Outdoor Extension of the Class “B” Beer/”Class B” Liquor License located at 1120-80th St, (Sheridan Lanes), to include a waiver of the amplified music restriction because the licensed premises, including the outdoor area, equals or exceeds one (1) acre in size. A hearing was held. The applicant did not appear. On a voice vote, motion carried.12. It was moved by Alderman Frederick, seconded by Alderman Sinclair, to DENY application of Sunset Grille, LLC, for a Temporary Outdoor Extension of the Class “B” Beer/”Class B” Liquor License located at 2500-52nd St, (Sunset Grille), for the dates of August 24, 25 and 26, 2007, with a request to change the closing time to 12:00 Midnight, based on location not being qualified according to section 10.075 of the Code of General Ordinances. (7th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.13. It was moved by Alderman Casey, seconded by Alderman Robinson, to approve applications for a 1-Day Cabaret License on August 25, 2007, with no adverse recommendations:a. G-Knows, Inc. located at 1912-52nd St, (Rumors)b. Rendezvous Bar & Grill, Inc. located at 1700-52nd St, (Rendezvous Bar & Grill)c. Stellar Management, Inc. located at 1819-52nd St, (Norm's So Seldom Inn) A hearing was held. The applicants did not appear. On a voice vote, motion carried.

ORDINANCES 1ST READINGIt was moved by Alderman Casey, seconded by Alderman Sinclair, to send the following ordinances on their way:

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14. By the Mayor – To Repeal and Recreate Sections 14.07 B. and C., and Section 14.07 K. Regarding Rabies Vaccinations. On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Casey, seconded by Alderman Sinclair, to send the following ordinances on their way:15. By the Mayor - To Rezone Property Located at 4422 Washington Road From A-2 Agricultural Land Holding to RR-3 Urban Single-Family Residential (City Plan Commission – Shemanske/Millhouse) 16. By the Mayor - To Rezone Property Located at 1216 - 22nd Avenue and 1230 - 22nd Avenue From A-2 Agricultural Land Holding and RS-1 Single-Family Residential to IP Institutional Park (Atout/L & J Holding Company) 17. By the Mayor – To Repeal and Recreate, Repeal, and Renumber Various Sections of the Zoning Ordinance for the City of Kenosha, WI., Regarding Nonconforming Uses of Buildings, Structures and Land. On a voice vote, motion carried.

ORDINANCES 2ND READING18. It was moved by Alderman Polzin, seconded by Alderman Pacetti, to adopt the proposed ordinance BY: ALDERPERSON KENNETH O. POLZIN, JR., ALDERPERSON FRANK J. PACETTI, ALDERPERSON JULIA ROBINSON - TO CREATE SECTION 11.033 OF THE CODE OF GENERAL ORDINANCES, ENTITLED SEXUAL OFFENDER RESIDENCY RESTRICTIONS″. A public hearing was held. Six (6) people spoke regarding said ordinance.18.1 It was then moved by Alderman Marks, seconded by Alderman Casey to refer the ordinance back to the Public Safety & Welfare Committee. On a voice vote, motion carried unanimously.19. It was moved by Alderman Sinclair , seconded by Alderman Spair, to adopt Ordinance 53-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


ATTACHMENT AND TEMPORARY ZONING DISTRICT CLASSIFICATION ORDINANCEUNDER SECTION 66.0307, WISCONSIN STATUTES, CITY OF KENOSHA/TOWN OF SOMERS STATE APPROVED COOPERATIVE PLAN PARCEL NO. 80-4-222-262-0120

3132 - 47TH AVENUE; TOWN OF SOMERS [JANIK AND KRASKA - PROPERTY OWNERS]Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of two (2), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after August 25, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the

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temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes.Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 41st Ward of the 5th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and August 25, 2007, as provided by law.

Maps are available for viewing in the City Clerk's Office.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

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PASSED: August 20, 2007PUBLISHED: August 24, 2007(NOTE: Alderman Casey was absent for the vote on items 21 through 25)

ZONING ORDINANCES 2ND READING20. It was moved by Alderman Ruef, seconded by Alderman Marks, to adopt Ordinance 54-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried (15-0) with Alderman Pitts abstaining and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 6213 – 60TH STREET FROM A-2 AGRICULTURAL LAND HOLDING TO B-2 COMMUNITY

BUSINESS DISTRICT [Pave The Planet, L.L.C.]The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z17-06 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 19th day of July, 2007, as required in Section 10.02 A. of the Zoning Ordinance. Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.

Maps are available for viewing in the City Clerk's Office.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: August 20, 2007PUBLISHED: August 24, 2007

RESOLUTIONS21. It was moved by Alderman Casey, seconded by Alderman Polzin, to adopt Resolutions 100-07 through 107-07 (items 21 through 24).On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

RESOLUTION NO. 100-07BY: Finance Committee

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To Amend the City of Kenosha Capital Improvement Program for 2006 By Decreasing Line OT-06-005 “North American Sintered Metal (Street Garage)” by $80,000 and

Creating Line FI-07-011 “Fire Station Relocations” by $80,000 for a Net Change of $0 WHEREAS, a study of the Kenosha Fire Department recommended that Fire and City Administration review the locations of fire stations throughout the city; and WHEREAS, it has been determined that an outside source will be needed to accomplish an analysis, field assessment, etc; and WHEREAS, the above amendment to the Capital Improvement Program has been approved by the City Plan Commission on August 9, 2007, the Public Safety & Welfare Committee on August 13, 2007 and the Finance Committee on August 20, 2007; NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the Capital Improvement Program be, and hereby is amended as follows:Line Item OT 06-005North American Sintered Metal ( Street Garage)Original Authorization $139,000Authorization Adjustment -80,000Amended Authorization 59,000Line Item FI 07-011Fire Station RelocationsOriginal Authorization $0Authorization +80,000Amended Authorization 80,000Adopted this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

22. a. RESOLUTION NO. 101-07BY: FINANCE COMMITTEE

To Specially Assess Certain Parcels of Property for Razing/Pre-Razing of StructuresBE IT RESOLVED, that special assessments for razing/pre-razing of structures during 2006/2007, in the total amount of $23,339.98, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 20th day of August, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

b. RESOLUTION NO. 102-07BY: COMMITTEE ON FINANCE

TO LEVY A SPECIAL ASSESSMENT UNDER AUTHORITY OF CHARTER ORDINANCE NO. 26, AS AMENDED, UPON CERTAIN PARCELS OF LAND WITHIN THE CITY OF

KENOSHA, WISCONSINWHEREAS, trash and debris located on certain parcels of land in the City of Kenosha, Wisconsin, has been ordered removed by the Health Department of the County of Kenosha, pursuant to Charter Ordinance No. 26, as amended, of the City of Kenosha, Wisconsin; and, WHEREAS, pursuant to Subsection G., Charter Ordinance No. 26, as amended, the cost of abatement, including the cost of service, mailing and publication, and a Seventy-five ($75.00) Dollar Administrative Fee, is to be specially assessed against the real estate upon which such debris and trash were located; and, WHEREAS, trash and debris has been removed by the City, through private contract, from various

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parcels of real estate at the costs of abatement and administration noted by a report from the Health Department dated July 12, 2007, for the City of Kenosha, a report on file in the Office of the City Clerk/Treasurer/Assessor and incorporated herein by reference.NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Charter Ordinance No. 26, as amended, special assessments in the total amount of Six Thousand Six Hundred Seventy-five Dollars and One Cent ($6,675.01) are levied against the respective parcels of property listed in the report of the Health Department on file in the Office of the City Clerk/Treasurer/Assessor for the City of Kenosha, Wisconsin, with interest thereon to be charged at seven and one-half (7.5%) percent per annum from the date of passage of this Resolution.Adopted this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

c. RESOLUTION NO.103-07BY: FINANCE COMMITTEE

To Specially Assess Certain Parcels of Property for Boarding and SecuringBE IT RESOLVED, that special assessments for boarding and securing during 2007, in the total amount of $1,076.36, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: August 20, 2007PUBLISHED: August 24, 2007


To Specially Assess Certain Parcels of Property for Grass and Weed CuttingBE IT RESOLVED, that special assessments for weed/grass cutting during 2007, in the total amount of $7,783.95, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


To Specially Assess Certain Parcels of Property for Reinspection FeesBE IT RESOLVED, that special assessments for reinspection fees during 2007, in the total amount of $8,280.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

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23. RESOLUTION NO. 106 – 07BY: THE PUBLIC WORKS COMMITTEE TO APPROVE A THREE-LOT CERTIFIED

SURVEY MAP Property in the 7000 Block of 120th Avenue (Ventura)BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map for property located in the 7000 Block of 120th Avenue is herein and hereby approved subject to the following conditions: 1.Compliance with all applicable State and City codes and ordinances. 2.Payment of all applicable fees, including recording fees. 3.Payment of all taxes and special assessments prior to recording. The owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided. 4.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 5.A note shall be placed on the Certified Survey Map that cross access shall be provided between all lots. 6.The existing Gander Mountain monument sign shall be razed prior to the City signing the Certified Survey Map. 7.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map. 8.Any additional right-of-way required by Wisconsin Department of Transportation on Parcel 1, Parcel 2 and/or Parcel 3 shall be dedicated and shown on the Certified Survey Map prior to the City signing the Certified Survey Map. 9.The signature page shall contain all owners of property included in the Certified Survey Map. Adopted this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK24. It was moved by Alderman Pitts, seconded by Alderman Pacetti, to adopt Resolution 107-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


TO ADOPT A PROJECT PLAN AMENDMENT FOR TAX INCREMENTALDISTRICT NUMBER FOUR, CITY OF KENOSHA, WISCONSIN,

UNDER SECTION 66.1105(4)(h)1., WISCONSIN STATUTESWHEREAS, Section 66.1105 of the Wisconsin Statutes, provides the authority and procedures for amending a project plan for a tax incremental district; and, WHEREAS, the City Plan Commission, on July 19, 2007, at a duly authorized, noticed and convened meeting under Section 66.1105(4)(h)1., Wisconsin Statutes, held a public hearing which afforded interested parties a reasonable opportunity to express their views on the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin; and WHEREAS, the Project Plan Amendment involves amending the boundaries of the original Tax Incremental District #4, expanding the ½ mile radius of the TID, adding funds to the Housing Rehabilitation and Public Facilities Loan Programs, and constructing new public utility improvements, as described in and attached hereto as Exhibit “A”; and, WHEREAS, at said meeting, the City Plan Commission, under Section 66.1105(4)(h)1., Wisconsin Statutes found the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin, to be feasible and in conformity with the Master Plan of the City of Kenosha, Wisconsin, adopted the Project Plan Amendment, and favorably recommended that the Common Council of the City of Kenosha adopt the Project Plan Amendment. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that it: 1.Finds the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin, to be feasible and in conformity with the Master Plan of the City; and, 2.Deems the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin, to be in the public interest and for a proper public purpose; and, 3.Accepts and adopts the amended district boundaries, which boundaries generally lie within the City of Kenosha between 52nd Street, Lake Michigan, 60th Street and 22nd Avenue, and are more specifically defined in

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Exhibit “A”, which is attached hereto and incorporated herein by reference. The district boundaries include only those whole units of property as are assessed for general property tax purposes; and, 4.Finds that not less than fifty (50%) percent by area of the real property within the District is a “blighted area” within the meaning of Section 66.1105(2)(a), Wisconsin Statutes; and, 5.Finds that the improvement of such area is likely to enhance significantly the value of substantially all of the other real property in the District; and 6.Finds that the project costs relate directly to eliminating “blight” within the District consistent with the purpose for which the Tax Incremental District was created; and, 7.Finds that the equalized value of taxable property of the District, plus the value increment of all existing Districts does not exceed twelve (12% percent of the total equalized value of taxable property within the City of Kenosha, Wisconsin. BE IT FURTHER RESOLVED, that the Common Council of the City of Kenosha, Wisconsin, adopts the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin, as recommended by the City Plan Commission and as described in and attached hereto as Exhibit “A”. Adopted this 20th day of August , 2007.

Maps are available for viewing the City Clerk's Office.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK25. It was moved by Alderman Ruef, seconded by Alderman Sinclair to adopt Resolution 108-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO. 108-07BY: Mayor Antaramian

To Authorize Disbursement from the Dairyland Trust Fund for theWolfenbuttel Student Exchange Program in the Amount of $5,000

WHEREAS, the agreement by and between Dairyland Greyhound Park, Inc. and the City of Kenosha, Wisconsin, allows the use of certain monies placed in trust with the City to be used for the funding of youth facilities, activities and other public purposes at the sole discretion of the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin that the Director of Finance be, and is hereby, authorized to disburse the amount of $5,000 to assist Sister Cities International in hosting the Wolfenbuttel Student Exchange Program. Adopted this 20th day of August, 2007.APPROVED:

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JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK26. It was moved by Alderman Pacetti, seconded by Alderman Robinson, to adopt Resolution 109-07. A hearing was held. Four people spoke.26.1 It was then moved by Alderman Haugaard, seconded by Alderman Marks, to amend by changing the moratorium expiration date to January 1, 2008. On a voice vote, motion carried. Note: At this time Alderman Casey left the meeting.26.2 On a roll call vote, motion to approve as amended carried (15-1) with Alderman Polzin voting no said resolution was thereupon adopted as follows:


TO EXTEND THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 93-06, ADOPTED ON AUGUST 21, 2006, ON CONSIDERATION AND/OR ISSUANCE OF PERMITS

NECESSARY TO PLACE ARTIFICIAL STRUCTURES IN THE PUBLIC RIGHT-OF-WAYWHEREAS, the Common Council of the City of Kenosha, Wisconsin, on August 21, 2006, under Resolution No. 93-06, adopted a moratorium on the granting and/or issuance by any department of the City of any permit required for placement aboveground of artificial structures in or about the right-of-way to allow the City to review the standards for placement of such structures; and, WHEREAS, the aforementioned review has not been completed; and, WHEREAS, an extension of said moratorium on the granting and/or issuance by any department of the City of any permit required for placement aboveground of artificial structures in or about the right-of-way is necessary to provide ample time for the completion of City's review and is the purpose of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the moratorium established under Resolution 93-06, adopted August 21, 2006, is extended until January 1, 2008, or, if determined to be necessary, until the adoption of an Ordinance or Ordinances regulating the placement aboveground of artificial structures in or about the right-of-way, whichever is earlier. Adopted this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK27. It was moved by Alderman Ruef, seconded by Alderman Sinclair, to adopt Resolution 110-07. On roll call vote, motion carried unanimously (16-0) and said resolution was thereupon adopted as follows:


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NO. 80-4-222-262-0120, ALSO KNOWN AS 3132

- 47th AVENUE, IN THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS

COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [Janik & Kraska – Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel No. 80-4-222-262-0120, also known as 3132 - 47th Avenue, in the

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Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on August 20, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel No. 80-4-222-262-0120, also known as 3132 - 47th Avenue, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel No. 80-4-222-262-0120, also known as 3132 - 47th Avenue, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK27. It was moved by Alderman Pacetti, seconded by Alderman Robinson, to adopt Resolution 111-07. On roll call vote, motion carried (15-0) with Alderman Pitts abstaining and said resolution was thereupon adopted as follows:


A RESOLUTION AUTHORIZING ADEVELOPMENT FINANCING AGREEMENT WITH FIRST INDUSTRIAL REALTY TRUST,

INC.AND PROVIDING FOR THE ISSUANCE OF A TAX INCREMENT

PROJECT REVENUE BONDOF THE CITY OF KENOSHA, WISCONSIN

WHEREAS the City of Kenosha, Wisconsin (the "City") has created its Tax Incremental District No. 11 ("TID No. 11") for the purpose of promoting industrial development in the City; and WHEREAS the industrial development projects in TID No. 11 constitute a revenue producing enterprise of the City which is operated for a public purpose, and constitutes a "public utility" within the meaning of Section 66.0621 of the Wisconsin Statutes; and WHEREAS in order to further its industrial development efforts in TID No. 11, the City proposes to enter into a Development Financing Agreement in substantially the form attached hereto as Attachment I (on file in the Office of the City Clerk) (the "Development Agreement") with First Industrial Realty Trust, Inc. (the "Developer"); and WHEREAS pursuant to the terms of the Development Agreement, the City is to issue to the Developer a Tax Increment Project Revenue Bond payable solely from tax increments generated from the Developer's Property as defined in the Development Agreement ("Tax Increments");NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, as follows: Section 1. Authorization of Development Agreement. The Development Agreement is approved, and the Mayor and City Clerk are authorized to execute the Development Agreement, by and on behalf of the City. Section 2. Authorization of Revenue Bond. For the purpose of financing industrial development projects in TID No. 11, as provided for under the Development Agreement, the City shall issue its "Tax Increment Project Revenue Bond (First Industrial Realty Trust, Inc. Project)" (the "Bond") to the Developer in consideration for the obligations undertaken by the Developer under the Development Agreement. The Bond shall be in the principal amount equal to the lesser of (a) $4,906,000 or (b) the actual cost of the Developer’s Improvements (as defined in the Development Agreement). A final determination of the principal amount of the Bond shall be made as of January 1, 2014. The Bond shall be dated October 1, 2007, and shall bear interest at the rate of 9.5% per annum. For each Bond Year (defined below), interest

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shall accrue only on the principal amount of the Bond determined as of the first day of that Bond Year. Such principal amount shall be equal to the actual cost of the Developer’s Improvements as of that day (not to exceed $4,906,000), less the amount of any principal payments previously made on the Bond. For purposes of this Resolution and the Bond, “Bond Year” shall mean the one year period commencing on each October 1 and ending on the following September 30. Notwithstanding the foregoing, as provided in Section 6 below, if on any Bond Payment Date there shall be insufficient Revenues appropriated to pay the principal or interest due on the Bond, the amount due but not paid shall accumulate and be payable on the next Bond Payment Date until the final Bond Payment Date, and interest at the rate of 9.5% shall be payable on such unpaid amounts of principal and interest. Assuming that the principal amount of the Bond is equal to the maximum principal amount ($4,906,000), the Bond shall be payable in installments of principal due on October 1 in each of the years and in the amounts as follows:Year Principal Year Principal2010 $5,000 2019 $350,0002011 50,000 2020 375,0002012 100,000 2021 400,0002013 200,000 2022 425,0002014 225,000 2023 450,0002015 250,000 2024 475,0002016 275,000 2025 500,0002017 300,000 2026 201,0002018 325,000

In the event that the cost of the Developer’s Improvements and therefore the principal amount of the Bond is less than $4,906,000, there shall be a reduction in the principal installments of the Bond beginning with the final maturity and then proceeding to the next preceding maturity until the total of the principal installments on the Bond is equal to the cost of the Developer’s Improvements. Interest on the Bond shall be payable on October 1 of each year, commencing October 1, 2008 (the "Bond Payment Dates"). The Bond shall be subject to prepayment in whole or from time to time in part at any time, at the option of the City. The amounts and maturities of the installments of principal of the Bond which are to be prepaid shall be selected by the City. The schedule of payments on the Bond is found to be such that the amount of annual debt service payments is reasonable in accordance with prudent municipal utility practices. The Bond shall be signed by the manual or facsimile signatures of the Mayor and City Clerk of the City (provided that, unless the City has contracted with a fiscal agent to authenticate the Bond, at least one of such signatures shall be manual), and sealed with the corporate seal of the City, or a facsimile thereof. The Bond, together with interest thereon, shall be payable only out of the Special Redemption Fund hereinafter provided, and shall be a valid claim of the owner thereof only against the Special Redemption Fund and the revenues pledged to such Fund pursuant to this Resolution. Section 3. Form of Bond. The Bond shall be in substantially the form set forth on Attachment II (on file in the Office of the City Clerk) hereto. Section 4. Payable Solely From Revenues. The Bond, together with interest thereon, shall be payable only out of the Special Redemption Fund as hereinafter provided, and shall be a valid claim of the owner thereof only against the Special Redemption Fund and from the revenues pledged to such fund, and shall be payable solely from Tax Increments derived from the Developer’s Property which have been received and retained by the City in accordance with the provisions of Section 66.1105 of the Wisconsin Statutes and appropriated by the Common Council to the payment of the Bond ("Tax Increments" or "Revenues"). As stated above, the application of Tax Increments to payment of the Bond is subject to annual appropriation by the Common Council. However, the City fully expects and anticipates that to the extent Tax Increments are generated by the Property, it will appropriate all such Tax Increments to the payment of the principal of and interest on the Bond, as provided in the Development Agreement. Section 5. Special Redemption Fund. For the

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purpose of the application and proper allocation of the Revenues, and to secure the payment of the principal of and interest on the Bond, the Special Redemption Fund is hereby created and shall be used solely for the purpose of paying principal of and interest on the Bond in accordance with the provisions of the Bond and this Resolution. Uninvested money in the Special Redemption Fund shall be kept on demand deposit with such bank or banks as may be designated from time to time by the City as public depositories under the laws of Wisconsin. Such deposits of Special Redemption Fund money shall be secured to the fullest extent required by the laws of Wisconsin and the general investment policy of the City. Money in the Special Redemption Fund, if invested, shall be invested in direct obligations of, or obligations guaranteed as to principal and interest by, the United States of America, or in certificates of deposit secured by such obligations and issued by a state or national bank which is a member of the Federal Deposit Insurance Corporation and is authorized to transact business in the State of Wisconsin, maturing not later than the date such money must be transferred to make payments on the Bond. All income from such investments shall be deposited in the Special Redemption Fund. Such investments shall be liquidated at any time when it shall be necessary to do so to provide money for any of the purposes for the Special Redemption Fund. All Revenues shall be deposited in the Special Redemption Fund, and no other fund is created by this Resolution. Section 6. Application of Revenues to Payment of the Bond. On each Bond Payment Date, the City shall apply to the payment of the principal and interest due on the Bond Tax Increments received by the City with respect to the Property during that calendar year and appropriated by the Common Council to the payment of the Bond. Revenues shall be applied first to the payment of any interest due on the Bond Payment Date and then to the payment of any principal due on that Bond Payment Date. In the event the Bond is transferred and exchanged for two or more Bonds (in accordance with the provisions of Section 7 of this Resolution), the transferees may agree that the Bond that each holds shall be payable only from the Tax Increments allocable to a specified portion of the Property. In such a case, the amount of Tax Increment allocable to any portion of the Property shall be determined by multiplying the total amount of Tax Increments appropriated by the Common Council in each year by a fraction, the numerator of which is the amount of Tax Increment generated by the specified portion of the Property that year and the denominator of which is the total amount of Tax Increment generated by the Property that year. Tax Increments may be allocated in this way only if the owners of all outstanding Bonds agree to such allocation, and the City is provided with evidence satisfactory to it showing the existence and terms of such agreement. If on any Bond Payment Date there shall be insufficient Revenues appropriated to pay the principal or interest due on the Bond, the amount due but not paid shall accumulate and be payable on the next Bond Payment Date until the final Bond Payment Date. Interest at the rate of 9.5% per annum shall be paid on such unpaid amounts of principal and interest. The City shall have no obligation to pay any amount of principal or interest on the Bond which remains unpaid after the final Bond Payment Date and the owner of the Bond shall have no right to receive payment of such amounts, unless there are available Revenues which are appropriated by the Common Council to payment of the Bond. Section 7. Persons Treated as Owners; Transfer of Bond. The City Clerk shall keep books for the registration and for the transfer of the Bond. The person in whose name the Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of either principal or interest on the Bond shall be made only to the registered owner thereof. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. The Bond may be transferred or assigned by the registered owner thereof (in whole or in part) only with the consent of the City (which such consent shall not be unreasonably withheld, conditioned or delayed), by surrender of the Bond at the office of the City Clerk accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing. Upon such transfer or assignment, the City Clerk shall record the name of the transferee or assignee in the registration book and note such transfer or assignment on the Bond and re-issue the Bond (or a new Bond or Bonds of like aggregate principal amount and maturity). The Bond may be exchanged for a new Bond of like principal amount and maturity or two or more Bonds of like

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aggregate principal amount and maturity. Section 8. General Authorizations. The Mayor and City Clerk and the appropriate deputies and officials of the City in accordance with their assigned responsibilities are hereby each authorized to execute, deliver, publish, file and record such other documents, instruments, notices and records and to take such other actions as shall be necessary or desirable to accomplish the purposes of this Resolution and to comply with and perform the obligations of the City under the Development Agreement and the Bond. In the event that said officers shall be unable by reason of death, disability, absence or vacancy of office to perform in timely fashion any of the duties specified herein (such as the execution of the Development Agreement or the Bond), such duties shall be performed by the officer or official succeeding to such duties in accordance with law and the rules of the City. Section 9. Severability of Invalid Provisions. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining sections, paragraphs and provisions of this Resolution. Section 10. Effective Date. This Resolution shall be effective immediately upon its passage and approval. Adopted this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK28. It was moved by Alderman Marks, seconded by Alderman Sinclair, to adopt Resolutions 112-07 and 113-07 (items 29 and 30). On a roll call vote, motion carried (16-0) and said resolutions were thereupon adopted as follows.


TO CREATE WARD 66, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 10, 41, 43, 46, 47, 61, 64, and 66 BROOKSIDE NURSING HOME, 3506

WASHINGTON ROADWHEREAS, Attachment Ordinance No. 48-07 attached parcel 08-4-222-261-0360, 4422 Washington Road, located in the Town of Somers into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the attached parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land attached under Attachment Ordinance No. 48-07 be placed in City of Kenosha Voting Ward 66, District 5, and that the polling place for wards 10, 41, 43, 46, 47, 61,64 and 64 be combined to Brookside Nursing Home, 3506 Washington Road, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes.Adopted this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: August 20, 2007PUBLISHED: August 24, 2007


TO CREATE WARD 67, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 33, 45, 52, 53 and 67, Kenosha Bible Church, 5405 67th STREET

WHEREAS, Attachment Ordinance No. 49-07 attached parcel 80-4-122-031-0360, 80-4-122-032-0070, 80-4-122-032-0072, and 80-4-122-032-0074, 6213 60th Street, located in the Town of Somers into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the attached parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT

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RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land attached under Attachment Ordinance No. 49-07 be placed in City of Kenosha Voting Ward 67, District 17, and that the polling place for wards 33, 45, 52, 53 and 67 be combined to Kenosha Bible Church, 5405 67th Street, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes. Adopted this 20th day of August, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: August 20, 2007PUBLISHED: August 24, 2007

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTSIt was moved by Alderman Marks, seconded by Alderman Sinclair, to approve:30. Award of Contract for Project #07-1018 Resurfacing Phase III (48th Avenue - 58th Street to 60th Street & 85th Street - 30th Avenue to 32nd Avenue) and Project #07-1607 58th Street Construction (14th Avenue to 150' West) to Cicchini Asphalt Paving (Kenosha, WI) in the amount of $223,000.000. On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Marks, seconded by Alderman Sinclair, to approve:31. 2008 Community Development Block Grant (CDBG) Fund Allocation Plan. 32. Offer of Sale Agreement for 6106 60th Street, Aldermanic District #16. (Nash Park) 33. General Easement Agreement between the City of Kenosha and AT&T for MacWhyte Property. (District 1) On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Marks, seconded by Sinclair, to approve:34. Change Order for Project 07-1013 - 7th Avenue Reconstruction(Contractor: Cicchini Asphalt Paving) 35. Disbursement Record #14 – $5,334,599.60. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Marks, seconded by Alderman Robinson, to adjourn at 9:30 p.m. On a voice vote, motion carried.

Approved:JOHN M. ANTARAMIAN MAYOR

Attest:DEBRA L. SALASDEPUTY CITY CLERK

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Wednesday, September 5, 2007John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200Wednesday, September 5, 2007

At a meeting of the Common Council held this evening, His Honor, Acting Mayor Don Holland presided. The meeting was called to order at 7:03 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Spair, Marks, Ruef, Butler, Frederick, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Excused: Aldermen Robinson and Casey. The invocation was given by Alderman Sinclair. Acting Mayor Holland then led the Council in the Pledge of Allegiance to the American Flag. He advised he would be voting as an Alderman this evening. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve the minutes of the meeting held August 20, 2007. Motion carried unanimously. At this time, Acting Mayor Holland presented Honorary Kenoshan Awards to John and Diane Doyle. Seven (7) Citizens spoke during Citizen's Comments: Kris Roemer, David Hirst, Claire Hiller, Judy Kanka, Louis Rugani, Donald Moerke, and Marilyn Sterling.

TO THE COMMITTEE ON FINANCE1. Proposed Resolution by the Finance Committee - To Amend the City of Kenosha Capital Improvement Program for 2007 By Decreasing Line TI-07-001 “Tax Incremental District #4 by $254,000 and Increasing Line TI-05-001 “Civil War Museum” by $254,000 for a Net Change of $0.

TO THE PUBLIC WORKS COMMITTEE2. Release of Easement Rights on Parcel 2 located at 10100 58th Place in the Business Park of Kenosha, Aldermanic District #17. 3. Permanent Easement for Storm Sewer on Parcel 2, located at 10100 58th Place in the Business Park of Kenosha, Aldermanic District #17.

TO THE CITY PLAN COMMISSION4. To Amend the Official Map for the City of Kenosha, Wisconsin, to include the Attachment of Parcel Nos.80-4-222-274-0183; 80-4-222-274-0191; 80-4-222-263-0615; 80-4-222-263-0710; and, 80-4-222-263-0805, in the Town of Somers, Kenosha County, Wisconsin, in accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes (Barth Storage R.E.L.P./Wamboldt Properties, L.L.C. - Property Owners) 5. Request for a Distance Exception for a four-bed Adult Family Home/CLA to be located at 6225 91st Avenue, Aldermanic District #17. (Crabtree Residential Living)


OF DEPARTMENTS6. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve:a. 19 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS7. It was moved by Alderman Sinclair, seconded by Alderman Downing, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Michelle L. Guidryb. Rachelle M. Myrenc. Justina A. Williams-50 demerit points:d. Janelle R. Christiansene. Debra R. Ellsworth-75 demerit points:f. Jamie L. Dodgeg. Jose D. Hernandezh. Nicole E. Wells-90 demerit pointsi. Jennifer V. Sertich- 95 demerit pointsj. Gail C. Khayat A hearing was held. The applicants did not appear. On a voice vote, motion carried.8. It was moved by Alderman Haugaard, seconded by Alderman Butler, to approve the application of Earl C. Rieschl for a Taxi Driver's License, subject to 95 demerit points. A hearing was held. The applicant appeared and spoke. On a voice vote, motion carried.9. It was moved by Alderman Sinclair, seconded by Alderman Butler, to approve application of Sparti's Grecian Grill, Costa Giannakopoulos, Agent, for a Class “B” Beer & “Class C” Wine License located at 7410-118th Ave, Ste B, (Sparti's Gyros). A hearing was held. The applicant did not appear. On a voice vote, motion carried.

ORDINANCES 1ST READING10. It was moved by Alderman Sinclair, seconded by Alderman Spair, to send the following ordinance on it's way: By the Mayor – Attachment and Temporary Zoning District Classification Ordinance City of Kenosha/Town of Somers (Under Section

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66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan, Parcel Nos. 80-4-222-274-0183; 80-4-222-274-0191; 80-4- 222-263-0615; 80-4-222-263-0710; and, 80-4-222-263-0805, Barth Storage R.E.L.P./Wamboldt Properties, L.L.C) On a voice vote, motion carried.

ORDINANCES 2ND READING11. It was moved by Alderman Ruef, seconded by Alderman Pitts, to adopt Ordinance 55-07. Alderman Butler left. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously.


TO REPEAL AND RECREATE SECTIONS 14.07 B. AND C., AND SECTION 14.07 K. OF THE CODE OF GENERAL ORDINANCES, REGARDING RABIES VACCINATIONS

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Sections 14.07 B. and C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, are repealed and recreated as follows: B. Rabies Vaccination.1. Rabies Vaccination Required. The owner of a dog or cat shall have the dog or cat vaccinated against rabies by a veterinarian, or if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, at no later than five (5) months of age and revaccinated within one (1) year after the initial vaccination. If the owner obtains the dog or cat, or brings the dog or cat into the City after the dog or cat has reached five (5) months of age, the owner shall have the dog or cat vaccinated against rabies within thirty (30) days after the dog or cat is obtained or brought into the City, unless the dog or cat has been vaccinated as evidenced by a current certificate of rabies vaccination from the State of Wisconsin or another state. The owner of a dog or cat shall have the dog or cat revaccinated against rabies by a veterinarian, or if a veterinarian is physically present at the location the vaccine is administered, by a veterinary technician, before the date that the immunization expires as stated on the certificate of vaccination, or if no date is specified, within three (3) years after the previous vaccination. 2. Exemption. The owner of a dog or cat may be exempted from the requirement to have the dog or cat vaccinated against rabies for a license year based on a letter from a veterinarian stating that vaccination is inadvisable because of a reaction to a previous vaccination, a physical condition, or a regimen of therapy that the dog or cat is undergoing. The owner shall provide a new letter for each year in which the owner seeks an exemption under this paragraph.C. Duties of Veterinarian. 1. Issuance of Certificate of Rabies Vaccination. The person who administers the rabies vaccine under this Section shall complete and issue to the owner a certificate of rabies vaccination bearing a serial number and in the form approved by the department stating the owner’s name and address, the name, sex, spayed or unspayed, neutered or unneutered, breed and color of the dog or cat, the date of vaccination, the type of rabies vaccine administered and the manufacturer’s serial number, the date that the immunization expires as specified for that type of vaccine by the Center for Disease Control of the U.S. Department of Health and Human Services, and the city, village or town where the dog or cat is required to be licensed. 2. Veterinarian Copies. The veterinarian shall keep a copy of each certificate of rabies vaccination in a file maintained for this purpose until the date that the immunization expires or until the dog or cat is revaccinated, whichever occurs first.3. Rabies Control Copy. Upon request of the Rabies Control Authority, the veterinarian shall forward a copy of each certificate of rabies vaccination to the Rabies Control Authority within ten (10) days of the request.4. Rabies Vaccination Tag. After issuing the certificate of rabies vaccination, the person who administers the vaccine under this Section shall deliver to the owner a rabies vaccination tag of durable material bearing the same serial number as the certificate, the year the vaccination was given and the name, address and telephone number of the supervising veterinarian.5. Tag To Be Attached. The owner shall attach the rabies vaccination tag or a substitute tag to a collar, and a collar with the tag attached shall be kept on the dog at all times, but this requirement does not apply to a dog during competition or training, to a dog while hunting, to a dog securely confined indoors, to a dog securely confined in a fenced area or to a dog while actively involved in herding or controlling livestock if the dog is under the control of its owner. The substitute tag shall be of a durable material and contain the same information as the rabies vaccination tag. The requirements of this Section do not apply to a dog which is not required to be vaccinated under Section B.2. No collar or harness shall be required for cats.6. Duplicate Tag. The person who administers the vaccine under Section B.1. may furnish a new rabies vaccination tag with a new serial number to an owner in place of the original tag upon presentation of the certificate of rabies vaccination. The person who administers the vaccine under Section B.1. shall then indicate the new tag number on the certificate and keep a record in the file. Section Two: Section 14.07 K. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows:K. Licensing. Effective April 15, 2007, in the City of Kenosha every dog five (5) months of age and older shall be licensed only upon proof of rabies vaccination in accordance with provisions of §14.07 B. Section Three: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 5, 2007PUBLISHED: September 14, 2007

ZONING ORDINANCES 2ND READING12. It was moved by Alderman Ruef, seconded by Alderman Haugaard, to adopt Ordinance 56-07. A public hearing was held. No one spoke for or against said ordinance.On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 4422 WASHINGTON ROAD FROM A-2 AGRICULTURAL LAND HOLDING TO RR-3 URBAN

SINGLE-FAMILY RESIDENTIAL [City Plan Commission – Shemanske/Millhouse]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z22-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: This Ordinance shall be in full force and effect upon passage and the day after its publication.

Maps are available for viewing in the Office of the City Clerk. APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:

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DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 5, 2007PUBLISHED: September 14, 200713. It was moved by Alderman Ruef, seconded by Alderman Haugaard, to adopt Ordinance 57-07. A public hearing was held. No one spoke for or against said ordinance.On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 1216 - 22nd AVENUE AND 1230- 22nd AVENUE FROM A-2 AGRICULTURAL LAND HOLDING AND RS-1 SINGLE FAMILY RESIDENTIAL TO IP INSTITUTIONAL PARK [Atout/L & J Holding Company]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z15-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 9th day of August, 2007, as required in Section 10.02 A. of the Zoning Ordinance. Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.

Maps are available for viewing in the Office of the City Clerk. APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 5, 2007PUBLISHED: September 14, 200714. It was moved by Alderman Moldenhauer, seconded by Alderman Butler, to adopt Ordinance 58-07. A public hearing was held. No one spoke for or against said ordinance.On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ZONING ORDINANCE NO. 58-07BY: THE MAYOR

TO REPEAL AND RECREATE, REPEAL, AND RENUMBER VARIOUS SECTIONS OF THE ZONING ORDINANCE FOR THE CITY OF KENOSHA, WI., REGARDING NONCONFORMING USES OF BUILDINGS, STRUCTURES AND LAND

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 2.02 B.2. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 2. Certificate of Occupancy. No new building shall be used or occupied; no existing building which is hereafter structurally altered, relocated or reconstructed shall be used or occupied, no nonresidential

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building shall have a change in use or tenancy; and no vacant land shall be used, until a Certificate of Occupancy has been issued by the Administrator. Applications for a Certificate of Occupancy shall be made in accordance with the procedures outlined in Section 8 of this Ordinance. Section Two: Section 3.12 B. 2. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 2. Reconstruction of Existing Detached Residences in the B-1, B-2 or B-3 Business Zoning Districts. The reconstruction of an existing detached residential use in the B-1, B-2 or B-3 District, which has been damaged or destroyed by catastrophe or act of God, is permitted provided that the reconstructed building does not exceed the original floor area of the structure and that such reconstruction is commenced no later than one (1) year after the date of the damage or destruction, and provided the building is in conformance with all other provisions of this Ordinance. Section Three: Sections 3.13 A.1., 3.13 A.2. and 3.13 A.3. of the Zoning Ordinance for the City of Kenosha, Wisconsin, are hereby repealed. Section Four: Sections 3.13 A. 4. and 3.13 A.5., of the Zoning Ordinance for the City of Kenosha, Wisconsin, are hereby renumbered as Sections 3.13 A.1. and 3.13 A.2. Section Five: Section 3.13 F.4.a. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 4. Accessory Buildings. Structures or Fences. a. No accessory building or structure shall be located in any required front or street side yard or in any rear yard which fronts on a street and will be located within twenty-five (25') feet of the public right-of-way. The minimum building to property line setback for the side and rear yards shall be five (5') feet, unless constructed in accordance with the Commercial Building Code and utilized in conjunction with an approved commercial principal use of the property. Section Six: Sections 3.14 A.1., 3.14 A.2., and 3.14 A.3. of the Zoning Ordinance for the City of Kenosha, Wisconsin, are hereby repealed. Section Seven: Sections 3.14 A.4., 3.14 A.5., 3.14 A.6., 3.14 A.7., 3.14 A.8., 3.14 A.9. and 3.14 A.10. of the Zoning Ordinance for the City of Kenosha, Wisconsin, are hereby renumbered as Sections 3.14 A.1., 3.14 A.2., 3.14 A.3., 3.14 A.4., 3.14 A.5., 3.14 A.6., and 3.14 A.7. Section Eight: Section 3.14 F.4.a. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 4. Accessory Buildings. Structures or Fences. a. No accessory building or structure shall be located in any required front or street side yard or in any rear yard which fronts on a street and will be located within twenty-five (25') feet of the public right-of-way. The minimum building to property line setback for the side and rear yards shall be five (5') feet, unless constructed in accordance with the Commercial Building Code and utilized in conjunction with an approved commercial principal use of the property. Section Nine: Sections 3.15 A.1., 3.15 A.2., and 3.15 A.3. of the Zoning Ordinance for the City of Kenosha, Wisconsin, are hereby repealed. Section Ten: Sections 3.15 A.4., 3.15 A.5., 3.15 A.6., 3.15 A.7., 3.15 A.8., 315 A.9., 3.15 A.10. And 3.15 A.11. of the Zoning Ordinance for the City of Kenosha, Wisconsin, are hereby renumbered as Sections 3.15 A.1., 3.15 A.2., 3.15 A.3., 3.15 A.4., 3.15 A.5., 3.15 A.6., 3.15 A.7., and 3.15 A.8. Section Eleven: Section 3.15 F.4.a. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 4. Accessory Buildings. Structures or Fences. a. No accessory building or structure shall be located in any required front or street side yard or in any rear yard which fronts on a street and will be located within twenty-five (25') feet of the public right-of-way. The minimum building to property line setback for the side and rear yards shall be five (5') feet, unless constructed in accordance with the Commercial Building Code and utilized in conjunction with an approved commercial principal use of the property. Section Twelve: Section 3.16 A.2. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 2. Existing Residence in the Manufacturing Zoning Districts. a. Reconstruction of Existing Residences in the Manufacturing Zoning Districts. The reconstruction of an existing residential use in the M-1 or M-2 Districts, which has been damaged or destroyed by catastrophe or act of God, is permitted provided the reconstructed building does not exceed the original floor area of the structure and provided such reconstruction is commenced no later than one (1) year after the date of the damage or destruction and provided the building is in conformance with all other provisions of this Ordinance. b. Additions to Existing Residences in the Manufacturing Zoning Districts. Additions to existing residences in the M-1 or M-2 Districts are not permitted. Section Thirteen: Section 3.19 A.1. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby repealed. Section Fourteen: Sections 3.19 A.2. through 3.19 A.24. of the Zoning Ordinance for the City of Kenosha, Wisconsin, are hereby renumbered as Sections 3.19 A.1. through 3.19 A.23. Section Fifteen: Section 3.19 F.4.a. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 4. Accessory Buildings. Structures or Fences. a. No accessory building or structure shall be located in any required front or street side yard or in any rear yard which fronts on a street and will be located within twenty-five (25') feet of the public right-of-way. The minimum building to property line setback for the side and rear yards shall be five (5') feet, unless constructed in accordance with the Commercial Building Code and utilized in conjunction with an approved commercial principal use of the property. Section Sixteen: Section 3.19 G. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: G. Restrictions on Residential Uses in the I-P District. 1. Restrictions. New construction of single family, two-family and multiple-family residences is not permitted. 2. Existing Residences – Reconstruction of Existing Residences. The reconstruction of an existing residential use, which has been damaged or destroyed by catastrophe or act of God is permitted provided that the reconstructed building does not exceed the original floor area of the structure and provided such reconstruction is commenced no later than one (1) year after the date of damage or destruction provided the building is in conformance with all other provisions of this Ordinance. Section Seventeen: Section 4.04 L. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: L. Nonconforming Uses of Buildings and Structures and Nonconforming Uses of Land. All nonconforming uses of buildings and structures and nonconforming uses of land, which are in accordance with §7.0 of this Ordinance, shall not be required to obtain Conditional Use Permits to the extent of the existing operation only. Any alteration, addition, expansion, extension, relocation, or change of a nonresidential nonconforming use shall conform to the provisions of this Ordinance, including the provisions of Section 4.0 of this Ordinance. Section Eighteen: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 5, 2007PUBLISHED: September 14, 2007

RESOLUTIONSIt was moved by Alderman Haugaard, seconded by Alderman Butler, to adopt Resolution 114-07. It was moved by Alderman Pitts, seconded by Alderman Polzin, to allow Alderman Pacetti to abstain. On a voice vote motion carried. On roll call vote, motion carried unanimously (with Alderman Pacetti abstaining) and said resolution was thereupon adopted as follows:


RESOLUTION TO CORRECT RESOLUTION #126-06FOR SIDEWALK REPAIR

PROJECT #06-1208WHEREAS, Resolution #126-06 for Project #06-1208 (67th Street to 75th Street – Pershing Blvd to 39th Avenue & Miscellaneous Locations) in the amount of $83,174.41 was passed by the Kenosha Common Council on November 20, 2006, WHEREAS, it has been determined that Parcel #07-222-24-410-001 was incorrectly billed in the amount of $414.40, and should have been billed in the amount of $207.20. NOW, THEREFORE, BE IT RESOLVED, by the Kenosha Common Council that the resolution be changed from $83,174.41 to $82,967.21. Passed this 5th day of September, 2007.APPROVED:

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JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 5, 2007PUBLISHED: September 14, 2007It was moved by Alderman Pitts, seconded by Alderman Downing, to adopt Resolution 115-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


TO ORDER THE COST OF PUBLIC SIDEWALK AND/OR DRIVEWAY APPROACH CONSTRUCTION AND/OR REPLACEMENT TO BE SPECIALLY ASSESSED TO ABUTTING PROPERTY

WHEREAS, on the 5th day of September, 2007, the Common Council of the City of Kenosha, Wisconsin, held a properly noticed Public Hearing and heard all persons wishing to be heard regarding public sidewalk and/or driveway approach construction, and/or replacement, at the cost of owners of parcels of property listed in a report on file in the Office of the Department of Public Works for the City of Kenosha, Wisconsin, which abut the following Streets: 48th Avenue - 58th Street to 60th Street & 85th Street - 30th Avenue to 32nd Avenue NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 5.05 of the Code of General Ordinances, and Section 66.60(16), Wisconsin Statutes: 1. The owner of each parcel described on file may have the sidewalk and driveway approach abutting said parcel constructed, repaired or replaced (Work ) on or before the 7th day of September, 2007, upon obtaining a″ proper permit under Chapter 5 of the Code of General Ordinances. 2. If the owner fails to complete such Work within the time specified, the Common Council shall cause the Work to be done at the expense of the property owner by contract let to the lowest responsible bidder, and the Work will be paid for by assessing the cost of the Work to the benefited property. Invoices for said Work will be sent out on or about the 1st of November. If the cost of Work is under One Hundred ($100.00) Dollars, it shall be paid in its entirety within thirty (30) days of receipt of invoice. If the cost of Work is over One Hundred ($100.00) Dollars, it may be paid in its entirety within thirty (30) days of receipt of invoice, and if not so paid, placed on the tax roll for a period of three (3) years at an interest rate of seven and one-half (7.5%) per annum. If not paid within the period fixed, such a delinquent special charge shall become a lien as provided in Section 66.60(15), Wisconsin Statutes, as of the date of such delinquency, and shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge. 3. The Director of Public Works shall serve a copy of this Resolution on each property owner by publishing the same in the official newspaper, together with a mailing by first class mail to the owner, if their post office address is known or can be ascertained with reasonable diligence. Adopted this 5th day of September, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 5, 2007PUBLISHED: September 14, 2007It was moved by Alderman Sinclair, seconded by Alderman Spair, to adopt Resolution 116-07. A public hearing was held. No one spoke for or against said resolution. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

17. RESOLUTION NO. 116-07 BY: COMMITTEE ON PUBLIC WORKS [UTILITY EASEMENT]

TO VACATE AN ALLEY LOCATED NORTH O 41ST PLACE AT 18TH AVENUE, PURSUANT TO SECTION 66.1003(4), WISCONSIN STATUTES [Danko/Spair]

WHEREAS, the public interest requires the vacation of an alley located North of 41st Place at 18th Avenue. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Section 66.1003(4), Wisconsin Statutes, and by direct action of said Council, an alley, described in Exhibit “A”, and legally described as follows: All of that certain 10 feet in width, and 142 feet in length, public alley which lies north of the 41st Place and 18th Avenue intersection, in Washington Park Manor, a subdivision of record in the Southwest Quarter of Section 30, Town 2 North, Range 23 East of the Fourth Principal Meridian, said alley being further described and bounded as follows: Bounded on the North by the extensions easterly and westerly of the north lines of Lots 14 and 15 of said subdivision; bounded on the East by the west line of Lot 15 of said subdivision; bounded on the South by the north line of 41st Place, and bounded on the West by the east line of Lot 14 of said subdivision. be, and hereby is, vacated, subject to the following easements which are herein and hereby granted, or created by a reservation of rights. Any and all Utilities, including the City, furnishing gas, sewer, water, electric, telephone and related services, and any City Cable T.V. Franchise Holder, shall have reserved to them or are hereby and herein given and granted, the right, permission, and authority to inspect, repair and maintain their respective existing installation and Utilities in, above and under the above described parcel of property for as long as said installations and facilities are being operated and utilized by them. Said Utilities and Franchise Holder are also given and granted the right, permission and authority to improve and expand the scope of the above easements in, above and under the above described parcel of property, and thereafter to inspect, repair and maintain said new additional installations and facilities. Among the specific beneficiaries of this easement shall be the City of Kenosha, City of Kenosha Water Utility, S.B.C. (formerly Ameritech), Wisconsin Electric Power Company, and any holder of a City Cable T.V. Franchise. Easement holders shall, at all times, have reasonable access to their respective installations and facilities, and owners of said parcel of land vacated by this Resolution, shall not interfere with easement rights herein specified or entitled to compensation for anything placed by owners upon said vacated property which may have to be destroyed or removed by easement holders to effectively use their easements, although easement holders shall have the obligation to restore the turf to its original condition should it be destroyed or damaged through the exercise of easement rights. However, any easement holder may waive their rights hereunder and consent to the construction of a building or structure upon vacated property. IT IS FURTHER UNDERSTOOD that the area vacated will accrue to the abutting property owners according to law. BE IT FURTHER RESOLVED that the City Clerk shall record a certified copy of this Resolution in the Office of the Kenosha County Register of Deeds and forward a copy of same to all listed Utilities and the City Assessor's Office. BE IT FURTHER RESOLVED that upon recordation of this Resolution, the City of Kenosha Official Map, as initially established by Resolution No. 122-06, adopted on November 6, 2006, and as subsequently amended to the time of recordation of this Resolution, will hereby be amended to include the closing of existing streets, highways, and right-of-ways, which changes are established in this Resolution. Adopted this 5th day of September, 2007.

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Maps are available for viewing in the Office of the City Clerk. APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 5, 2007PUBLISHED: September 14, 2007It was moved by Alderman Ruef, seconded by Alderman Pitts, to adopt Resolutions 117-07 and 118-07. On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:


SAFETY AND WELFARETO DESIGNATE AS "NO PARKING, PICKUP/DROPOFF ONLY, FROM 7:30 A.M. - 4:30 P.M. ON SCHOOL DAYS" ALONG THE EAST

SIDE OF THE 34TH AVENUE ADJACENT TO ROOSEVELT ELEMENTARY SCHOOLBE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the East side of 34th Avenue beginning approximately 180 feet north of 70th Street and extending 150 feet in the northbound direction is hereby designated as "NO PARKING, PICKUP/DROPOFF ONLY, FROM 7:30 A.M. - 4:30 P.M. ON SCHOOL DAYS". Adopted this 5th day of September, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 5, 2007PUBLISHED: September 14, 2007

19. RESOLUTION # 118-07BY: MAYOR

RESOLUTION TO AMEND THE TABLE OF ORGANIZATION FOR THE POLICE DEPARTMENT

WHEREAS, the primary mission of the Kenosha Police Department is to provide the highest level of community safety to the citizens of the City of Kenosha at the lowest possible cost and the most efficient staffing levels; and WHEREAS, the Police Department has determined that the increased work load on the Detective Bureau necessitates the addition of one detective; and WHEREAS, the Police Chief desires to designate one (1) vacant position of police officer to detective; and WHEREAS, this reallocation of positions results in a change to the Table of Organization for the Police Department from 124 police officers and 31 detectives to 123 police officers and 32 detectives; and NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the aforementioned change to the Table of Organization for the Police Department be approved. Dated this 5th day of September, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 5, 2007PUBLISHED: September 14, 2007

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS20. It was moved by Alderman Ruef, seconded by Alderman Pitts, to approve award of contracts for Projects:a. #07-1210 Municipal Office Building Lintel and Brick Repairs (625 - 52nd Street) to Custom Restoration (Pewaukee, Wisconsin) - $60,000.00. b. #07-1014 Concrete Street Repairs (80th Street – Sheridan Road to 30th Avenue) to Cornerstone Pavers (Racine, Wisconsin) - $277,000.00. On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS

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It was moved by Alderman Ruef, seconded by Alderman Pitts, to approve:21. Acquisition of property located at 4823 37th Avenue by the Redevelopment Authority of the City of Kenosha, Aldermanic District #6. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Alderman Ruef, seconded by Alderman Pitts, to approve the settlements for:22. Claims vs City of Kenosha:a. King vs Falk & Dumesic/City of Kenoshab. Deanda vs Falk/City of Kenosha It was Moved by Alderman Ruef, seconded by Alderman Pitts, to DENY the settlements for:c. Parham vs City of Kenoshad. Beecher vs Transit/City of Kenosha 23. It was moved by Alderman Ruef, seconded by Alderman Pitts to approve Disbursement Record #15 – $5,334,037.01. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS24. It was moved by Alderman Ruef, seconded by Alderman Pitts to approve Final Acceptance of:a. #06-1414, 06-1415, 06-1416 and 06-1417 Park Shelters (Southport, Simmons Island, Columbus & Baker) completed by Bluemel's Maintenance Service (Greenfield, Wisconsin) - $120,460.00. b. #07-1405 Anderson Park Path Lighting (8730-22nd Avenue) by Electrical Contractors of Wisconsin (Kenosha, Wisconsin) - $45,726.00. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Sinclair, seconded by Alderman Spair, to adjourn at 7:58 p.m. On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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COMMON COUNCILOFFICIAL PROCEEDINGSMonday, September 17, 2007

John M. Antaramian, Mayor Michael K. Higgins, City ClerkKENOSHA MUNICIPAL

BUILDING COUNCILCHAMBERS ROOM 200

Monday, September 17, 2007 At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:03 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Holland, Ruffolo, Spair, Robinson, Ruef, Frederick, Casey, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Alderman Butler arrived during Item 9 at 7:20 p.m. Alderman Moldernhauer, Sinclair, and Marks were excused. The invocation was given by Alderman Spair. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Casey, seconded by Alderman Pacetti, to approve the minutes of the meeting held September 5, 2007. Motion carried unanimously. Three (3) Citizens spoke during Citizen's Comments: Lynette Stoner, Don Moehrke and Louis Rugani.

TO THE PUBLIC WORKS COMMITTEE1. Resolution to approve a two-lot Certified Survey Map located at 12304 75th Street. (Aldermanic District #17) (Brat Stop, Inc.) 2. Resolution to approve a two-lot Certified Survey Map located at 4717 5th Avenue. (Aldermanic District #2) (Dikmen)3. Resolution to approve a Subdivision Plat to be located at 3132 47th Avenue. (Aldermanic District #5) (Stone Creek Addition #1) 4. Developers Agreement between the City of Kenosha, Kenosha Water Utility, Dominika Janik and Pawel Kraska for Stone Creek Addition #1 Subdivision. (Aldermanic District #5)5. Petition to annex 117.857 acres of land located north of 60th Street and west of 120th Avenue from the Town of Paris to the City of Kenosha. (Southport Commons LLC)

TO THE CITY PLAN COMMISSION 6. Petition to rezone property located at 3132 47th Avenue from A-2 Agricultural Land Holding to RR-2 Suburban Single-Family Residential, C-1 Upland Conservancy, C-2 Lowland Conservancy and FW Floodway in conformance with Section 10.02 of the Zoning Ordinance . (Aldermanic District #5) (Janik/Kraska)


OF DEPARTMENTS7. It was moved by Alderman Pitts, seconded by Alderman Spair, to approve:a. 23 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 4 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.It was moved by Alderman Casey, seconded by Alderman Robinson, to receive and File item 8 & 9.8. Communication regarding Voluntary surrender of the Class “B” Beer License, Kenosha Ice Rink, Inc., located at 7727-60th Avenue, effective September 6, 2007. (15th District) 9. Amendment to the Final Report: Neighborhood Revitalization Study for property located at 2210 52nd Street, City Plan Commission Resolution #12-07. (7th District) On a voice vote, motion carried.10. It was moved by Alderman Casey, seconded by Alderman Frederick, to approve request for a Distance Exception for a four-bed Adult Family Home/CLA to be located at 6225 91st Avenue. (17th District) (Crabtree Residential Living) On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS11. It was moved by Alderman Haugaard, seconded by Alderman Casey, to approve the following applications for new Operator's (Bartender) licenses, subject to:-50 demerit points:a. Sirmor Singh-75 demerit points:b. Chad M. BurgerA hearing was held. The applicants did not appear. On a voice vote, motion carried.Item 12 was deferred to October 1, 2007 meeting, at the request of the applicant.12. Approve application of GNC Hook, LLC, Garry Dougvillo, Agent, for a Class “B” Beer & “Class B” Liquor License located at 5301-22nd Ave, (Bella Lounge), with acceptance of a conditional surrender of a similar license at the same location from L & B Enterprizes, LLC. (7th District) 13. It was moved by Alderman Frederick, seconded by Alderman Robinson, to approve application of Blazin Wings, Inc. for a Temporary Outdoor Extension of the Class “B” Beer & “Class B” Liquor License located at 7127-120th Ave, (Buffalo Wild Wings Bar & Grill), on September 25, 2007, with a request to waive the amplified music restriction because the licensed premises, including the outdoor area, equals or exceeds one (1) acre in size. (17th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.14. It was moved by Alderman Robinson, seconded by Alderman Spair, to approve the Findings of Fact, Conclusions of Law, and Recommendations regarding the following Operator's (bartender) licenses:a. Olivia Chavez (suspend for 15 consecutive days and assess 90 demerit points upon reinstatement)b. Jason Hedman (renew subject to 75 demerit points)c. Jennifer Hetzel (renew subject to 75 demerit points)d.Eric Nerling (to be revoked)e. Balvinder Singh (renew subject to 75 demerit points)A hearing was held. The applicants did not appear. On a roll call vote, motion carried unanimously.

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John M. Antaramian, Mayor Michael K. Higgins, City Clerk

ORDINANCES 2ND READING15. It was moved by Alderman Butler, seconded by Alderman Holland, to adopt Ordinance 59-07.A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ATTACHMENT AND TEMPORARY ZONING DISTRICT CLASSIFICATION ORDINANCEUnder Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan Parcel Nos. 80-4-222-274-0183;

80-4-222-274-0191;80-4-222-263-0615;80-4-222-263-0710; and,

80-4-222-263-0805,Town of Somers[Barth Storage R.E.L.P./Wamboldt Properties, L.L.C. - Property Owners]


Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan:The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of zero (0), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after September 22, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes.Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 68th Ward of the 16th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and September 22, 2007, as provided by law.

Maps are available for viewing in the Office of the City Clerk

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John M. Antaramian, Mayor Michael K. Higgins, City ClerkAPPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 17, 2007PUBLISHED: September 21, 2007

RESOLUTIONS16. It was moved by Alderman Holland, seconded by Alderman Haugaard, to adopt Resolution 119-07. On roll call vote, motion carried (13-1) with Alderman Polzin voting no, and said resolution was thereupon adopted as follows:

RESOLUTION NO. 119-07BY: Finance Committee

To Amend the City of Kenosha Capital Improvement Program for 2007

By Decreasing Line TI-07-001 “Tax Incremental District #4" by $254,000 and Increasing Line TI-

05-001 “Civil War Museum” by $254,000 for a Net Change of $0

WHEREAS, the above amendment to the Capital Improvement Program has been

approved by the City Plan Commission on September 6, 2007, and the Finance Committee on September 17, 2007; NOW, THEREFORE BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the Capital Improvement Program be, and hereby is amended as follows:Line Item TI 07-001Tax Incremental District #4Orginial Authorization 10,500,000Authorization Adjustment (254,000)Amended Authorization 10,246,000Line Item TI 05-001Civil War MuseumOriginal Authorization 7,500,000Authorizaiton Adjustment 254,000Amended Authorization 7,754,000Adopted this 17th day of September, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 17, 2007PUBLISHED: September 21, 200717. It was moved by Alderman Ruef, seconded by Alderman Pitts, to adopt Resolutions 120-07 through 123-07. On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:


To Specially Assess Certain Parcels of Property for Boarding and SecuringBE IT RESOLVED, that special assessments for boarding and securing during 2007, in the total amount of $1,378.48, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 17th day of September, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 17, 2007PUBLISHED: September 21, 2007


To Specially Assess Certain Parcels of Property for Grass and Weed CuttingBE IT RESOLVED, that special assessments for weed/grass cutting during 2007, in the total amount of $6,371.75, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 17th day of September, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 17, 2007PUBLISHED: September 21, 2007


To Specially Assess Certain Parcels of Property for Razing/Pre-Razing of StructuresBE IT RESOLVED, that special assessments for razing/pre-razing of structures during 2007, in the total amount of $16,948.39, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 17th day of September, 2007.

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John M. Antaramian, Mayor Michael K. Higgins, City ClerkAPPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 17, 2007PUBLISHED: September 21, 2007


To Specially Assess Certain Parcels of Property for Reinspection FeesBE IT RESOLVED, that special assessments for reinspection fees during 2007, in the total amount of $7,330.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 17th day of September, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 17, 2007PUBLISHED: September 21, 2007 It was moved by Alderman Casey, seconded by Alderman Robinson, to adopt Resolution 124-07 through 126-07 (Items 18-20) after being read. On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

18. RESOLUTION NO.124-07BY: FINANCE COMMITTEE

To Rescind Two (2) Special Assessments Levied by Resolution No. 105-07 Against Parcel No. 12-223-31-484-003 (5909 Sixth Avenue), Kenosha, Wisconsin

WHEREAS, on August 20, 2007, the Common Council of the City of Kenosha, Wisconsin, adapted Resolution No. 105-07 levying special assessments for reinspection fees for various buildings within the City of Kenosha, Wisconsin, at the request of the Department of Neighborhood Services and Inspections; and, WHEREAS, the Department of Neighborhood Services and Inspections has determined that special assessments should not have been levied on one (1) of those parcels; to wit: Parcel No. 12-223-31-484-003 (5909 Sixth Avenue), Kenosha, Wisconsin.mNOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that two (2) special assessments in the total amount of $350.00 levied by Resolution No. 105-07 against Parcel No. 12-223-31-484-003 (5909 Sixth Avenue) Kenosha, Wisconsin be and hereby is rescinded. Passed this 17th day of September, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 17, 2007PUBLISHED: September 21, 2007

19. RESOLUTION NO: 125 - 07BY: THE MAYOR

RESOLUTION DESIGNATING THE BOUNDARIES OF THE PROPOSEDWILSON NEIGHBORHOOD REDEVELOPMENT PROJECT AREA

AND THE FINDING AND DECLARATION THAT THE SITE IS A BLIGHTED AREAWHEREAS, the Common Council of the City of Kenosha has heretofore authorized the allocation of funds for the proposed Wilson Neighborhood Redevelopment Project Area, the boundaries of which are designated herein; and WHEREAS, it is desirable and in the public interest that the Redevelopment Authority of the City of Kenosha make surveys and prepare plans to undertake and carry out a redevelopment project of the character contemplated by Section 66.1333 of the Wisconsin Statutes, in that the area proposed as a redevelopment area, situated in the City of Kenosha, County of Kenosha and State of Wisconsin, and bounded generally by 45th Street on the north, 35th Avenue on the east, 50th Street on the south and 38th Avenue on the west, which boundaries must be designated as the boundaries of the proposed redevelopment area in accordance with Section 66.1333(6)(b)1. of the Wisconsin Statutes. A map showing the boundaries of the said proposed redevelopment area is attached to this Resolution as Exhibit “A” hereof; and WHEREAS, the Redevelopment Authority of the City of Kenosha has made or caused to be made a detailed study of the overall condition, site characteristics and influences of the proposed redevelopment area; and WHEREAS, the findings of the Redevelopment Authority Sub-Committee and City of Kenosha Department of City Development staff are that the proposed redevelopment area in its current condition and use is a menace to the public health, safety, morals and welfare and substantially impairs or arrests the sound growth of the area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, as follows: 1.Exhibit "A" attached hereto on File in the Office of the City Clerk is hereby designated as the boundaries of the proposed Wilson Neighborhood Redevelopment Project Area, as required by Section 66.1333(6)(b)1. of the Wisconsin Statutes. 2. The proposed redevelopment project area, as described above, is a blighted area pursuant to Section 66.1333(2m)(b) of the Wisconsin Statutes, and that the undertaking by the Redevelopment Authority of surveys and plans for a redevelopment project of the character contemplated by Section 66.1333 of the Wisconsin Statues in the proposed redevelopment area is hereby approved. Adopted this 17th day of September, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 17, 2007PUBLISHED: September 21, 2007


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NOS. 80-4-222-274-0183; 80-4-222-274-0191; 80-4-222-263-0615; 80-4-222-263-0710; and, 80-4-222-263-0805, IN THE TOWN OF SOMERS, KENOSHA

COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [Barth Storage R.E.L.P./Wamboldt Properties, L.L.C. – Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of

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John M. Antaramian, Mayor Michael K. Higgins, City ClerkAdministration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel Nos. 80-4-222-274-0183, 80-4-222-274-0191, 80-4-222-263-0615, 80-4-222-263-0710, and 80-4-222-263-0805, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on September 17, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel Nos. 80-4-222-274-0183, 80-4-222-274-0191, 80-4-222-263-0615, 80-4-222-263-0710, and 80-4-222-263-0805, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel Nos. 80-4-222-274-0183, 80-4-222-274-0191, 80-4-222-263-0615, 80-4-222-263-0710, and 80-4-222-263-0805, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 17th day of September, 2007.Maps are available for viewing in the Office of the City ClerkAPPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: September 17, 2007PUBLISHED: September 21, 2007

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Casey, seconded by Alderman Spair, to approve:21. Second Amendment to Marina Development Agreement By and Between the City of Kenosha, Wisconsin, a Municipal Corporation, and Southport Marina Development Company, LLC, A Wisconsin Limited Liability company. On a roll call vote, motion carried (13-1) with Alderman Polzin voting no.Item 22 was deferred until October 1, 2007 by the Finance Committee prior to this meeting.22. Contract of Purchase and Sale and Development Agreement By and Between NEB Development, LLC and the City of Kenosha, WI.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE23. It was moved by Alderman Ruef, seconded by Pitts, to approve Disbursement Record #16 – $18,332,154.71. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Robinson, seconded by Alderman Spair, to adjourn at 7:55 p.m. On a voice vote, motion carried.


MAYORAttest:


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Monday, October 1, 2007John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200Monday, October 1, 2007

At a meeting of the Common Council held this evening, His Honor, Acting Mayor Don Holland presided. The meeting was called to order at 7:00 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Spair, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Downing and Polzin, Jr. Alderman Pacetti and Robinson were excused. The invocation was given by Alderman Casey.Acting Mayor Holland then led the Council in the Pledge of Allegiance to the American Flag. He advised he would be voting as an Alderman this evening. It was moved by Alderman Polzin, seconded by Alderman Sinclair, to approve the minutes of the meeting held September 17, 2007. Motion carried unanimously. Two (2) Citizens spoke during Citizen's Comments: Don Moehrke and Eugene Misurelli.

TO THE COMMITTEE ON FINANCE1. To Create Section 11.01 P. of the Zoning Ordinance of The City of Kenosha, Entitled “Reinspection Fees”; And, To Create Section 11.04 of the Zoning Ordinance for the City of Kenosha, Entitled “Recurring Violation”. 2. Request to Rescind Reinspection Fee Special Assessments Levied by Resolution No. 105-07 in the total amount of $1,380.00 (Against Parcel No. 08-222-35-304-012, 4912 56th Street, Kenosha).

TO THE PUBLIC WORKS COMMITTEE3. Petition to Vacate a Portion of 51st Place East of 4th Avenue (2nd District). (City of Kenosha/Moldenhauer)

TO THE CITY PLAN COMMISSION 4. To Repeal & Recreate Sections 6.01 A.7.a.(2) and (3) of the Zoning Ordinance:; To Repeal & Recreate Section 6.01 A.8.a. Of the Zoning Ordinance ; To Repeal & Recreate Section 6.01 D.1. Of the Zoning Ordinance; And, To Create Section 6.03 of the Zoning Ordinance, Regarding Parking and Loading Requirements5. Request for a density exception for a 20-bed addition to an existing CBRF facility at 10108 74th Street. (17th District) (Clare Bridge of Kenosha)6. To Amend the Official Map for the City of Kenosha, Wisconsin , to include the Annexation of Parcel #45-4-221-364-0107, #45-4-221-364-0400, #45-4-221-364-0405, and #45-4-221-361-0100, in the Town of Paris, Kenosha County, Wisconsin, in accordance with Section 66.0217(3)(a)(2) of the Wisconsin Statutes. (Southport Commons, LLC)


OF DEPARTMENTS7. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve:a. 21 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk.

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RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS8. It was moved by Alderman Sinclari, seconded by Alderman Spair, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Nicole A. Migab. Nadine A. Rosenthal-50 demerit points:c. Jose A. Martinezd. Thomas J. VenaA hearing was held. The applicants did not appear. On a voice vote, motion carried.9. It was moved by Alderman Pitts, seconded by Alderman Ruffolo, to DENY applications for new Operator's (Bartender) licenses based on:-material police record:a. Carly Boveeb. Elizabeth K. HermanekA hearing was held. The applicants did not appear. On a voice vote, motion carried.10. It was moved by Alderman Haugaard, seconded by Alderman Frederick, to approve application of Sheridan 3322, Inc. for a Temporary Outdoor Extension of the Class “B” Beer & ”Class B” Liquor License located at 3322 Sheridan Rd, (Murphy's Pub & Grill). (1st District)A hearing was held. The applicant did not appear. It was moved by Alderman Haugaard, seconded by Alderman Pitts, to amend the closing time from 10:00 p.m. To 12:00 a.m. On a voice vote motion carried. On a voice vote, motion to approve the application carried.11. It was moved by Alderman Ruffolo, seconded by Alderman Butler, to approve application of Lazybird, LLC, Ira Brickman, Agent, for a Class “B” Beer & “Class B” Liquor License located at 5623-6th Ave, (Lazybird). (2nd District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.12. It was moved by Alderman Sinclair, seconded by Alderman Butler, to approve applications for Cabaret Licenses with no adverse recommendations:a. BC Tavern of Kenosha, Inc. located at 4626 Sheridan Rd, (SOS Club). (2nd District) b. Lazybird, LLC located at 5623-6th Ave, (Lazybird)(2nd District) A hearing was held. The applicants did not appear. On a voice vote, motion carried.13. It was moved by Alderman Casey, seconded by Aldrman Frederick, to approve application of GNC Hook, LLC, Garry Dougvillo, Agent, for a Class “B” Beer & “Class B” Liquor License located at 5301-22nd Ave, (Bella Lounge), with acceptance of a conditional surrender of a similar license at the same location from L & B Enterprizes, LLC.(7th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.

Item 14 was pulled.14. Findings of Fact, Conclusions of Law, and Recommendations regarding the following Operator's (bartender) license:a. Richard B. Rosko (Revoke)

ORDINANCES 1ST READINGIt was moved by Alderman Sinclair, seconded by Alderman Downing, to send the following ordinances on their way after being read. 15. By Committee on Public Safety and Welfare – To Amend Section 7.12 C. of the Code of General Ordinances, by Adding an Eastbound Stop Sign on 54th Street Before Entering the Intersection with 68th Avenue; And, by Adding an Eastbound Stop Sign on 55th Street Before Entering the intersection with 68th Avenue. 16. By the Mayor - To Annex 117.857 Acres of Land, More or Less, Located North of 60th Street and West of 120th Avenue from the Town of Paris to the City of Kenosha. (Southport Commons, LLC).On a voice vote, motion carried.

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ZONING ORDINANCES 1ST READING17. It was moved by Alderman Sinclair, seconded by Alderman Downing, to send the following ordinance on its way:By the Mayor – To Rezone Property Located at 3132 - 47th Avenue from A-2 Agricultural Land Holding to RR-2 Suburban Single Family Residential, C-1 Upland Conservancy, C-2 Lowland Conservancy and FW Floodway. [Janik/Kraska] On a voice vote, motion carried.

RESOLUTIONSIt was moved by Alderman Ruffolo, seconded by Alderman Sinclair, to adopt Resolutions 127-07 through 131-07 (Item 18 through 22: On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

18. RESOLUTION NO. 127-07BY: THE PUBLIC WORKS COMMITTEE

TO APPROVE A TWO-LOT CERTIFIED SURVEY MAPProperty at 12304 75th Street

(Brat Stop, Inc.)BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map for property located at 12304 75th Street is herein and hereby approved subject to the following conditions: 1.Compliance with all applicable State and City codes and ordinances. 2.Payment of all applicable fees, including recording fees. 3.Payment of all taxes and special assessments prior to recording. The owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided. 4.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 5.Easement “G” shall be revised to remove the note that says: This easement will be terminated at such time as 74th Street is improved and opened to vehicular access. 6.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.7.A note shall be placed on the Certified Survey Map that says: No development shall be approved on Lot 2 until a Drainage Plan has been approved by the City of Kenosha. 8.The “Future 74th Street” on the Certified Survey Map shall be labeled as: 74th Street dedicated to the City of Kenosha. 9.The Lot Line Adjustment Survey submitted to the City on August 20, 2007, shall be recorded by the Kenosha County Register of Deeds and the recording information provided to the Department of City Development prior to the City signing the Certified Survey Map. 10.The Sanitary Sewer Easement that runs north and south on the west side of Lot 1 shall be shown on the Certified Survey Map. 11.Parcel #03-121-01-450-476, owned by the Town of Bristol, shall be shown on the Certified Survey Map along the west right-of-way line of 122nd Avenue.Adopted this 1st day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 1, 2007PUBLISHED: October 5, 2007

19. RESOLUTION NO. 128-07BY: THE PUBLIC WORKS COMMITTEE

TO APPROVE A TWO-LOT CERTIFIED SURVEY MAPProperty at 4717 5th Avenue (Dikmen)

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map for property located at 4717 5th Avenue is herein and hereby approved subject to the following conditions: 1.Compliance with all applicable State and City codes and ordinances. 2.Payment of all applicable fees, including recording fees. Park impact fees will be due upon application for a building permit. 3.Payment of all taxes and special assessments prior to recording.

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The owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided. 4.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 5.The existing garage, which encroaches into the south alley, shall be razed or relocated to Parcel 1 and meet all applicable setbacks prior to the City signing the Certified Survey Map. 6.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.7.The signature page shall indicate Michael Higgins as the City Clerk. Adopted this 1st day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


SAFETY AND WELFARETO DESIGNATE AS "NO PARKING" THE WEST SIDE OF RING ROAD, BEGINNING APPROXIMATELY

FIFTEEN (15') FEET SOUTH OF FISHERMAN'S DRIVE AND EXTENDING NORTHERLY TWO HUNDRED SEVENTY (270') FEET

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the West side of Ring Road, beginning approximately fifteen (15') feet South of Fisherman's Drive and extending Northerly two hundred seventy (270') feet, be and hereby is designated as "NO PARKING". Adopted this 1st day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


SAFETY AND WELFARETO DESIGNATE AS "30 MINUTE PARKING, 9 A.M. TO 7 P.M., MONDAY - FRIDAY" THE WEST SIDE OF

14TH AVENUE, BEGINNING AT THE INTERSECTION OF 35TH STREET AND EXTENDING SOUTH APPROXIMATELY FORTY (40') FEET

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the West side of 14th Avenue, beginning at the intersection of 35th Street and extending South approximately forty (40') feet, be and hereby is designated as "30 MINUTE PARKING, 9 A.M. TO 7 P.M., MONDAY - FRIDAY".Adopted this 1st day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

22.RESOLUTION NO. 131-07BY: THE MAYOR

TO CREATE WARD 68, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 32, 36, 37, 38, 39, 40, 42, 51, 58, 59, 63 and 68

Bank of Kenosha 5117 Green Bay RoadWHEREAS, Attachment Ordinance No. 59-07 attached parcel 80-4-222-274-0191, 80-4-222-274-0183, 80-4-222-263-0615, 80-4-222-263-0710, and 80-4-222-263-0805 South of 4217 Green Bay Road, located in the Town of Somers into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the attached parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land attached under Attachment Ordinance No. 59-07 be placed in City of Kenosha Voting Ward 68, District 16, and that the polling place for wards 32, 36, 37, 38, 39, 40,

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42, 51, 58, 59, 63 and 68 be combined to the Bank of Kenosha, 5117 Green Bay Road, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes. Adopted this 1st day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


It was moved by Alderman Ruffolo, seconded by Alderman Sinclair, to approve:23. Appointment of Ian Mahone, to the Mayor's Youth Commission for a term to expire November 1, 2007.24. Appointment of Chelsea Lawliss, to the Mayor's Youth Commission for a term to expire November 1, 2008.On roll call vote, motion carried unanimously.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS25. It was moved by Alderman Ruffolo, seconded by Alderman Sinclair, to approve Award of Contract for Project #07-1111 Miscellaneous Storm Sewers (12th Street @ 20th Avenue, 16th Avenue South of 60th Street, 60th Street – 625' West of 60th Avenue to 230' West) to Willkomm Excavating, Union Grove, Wisconsin in the amount of $150,000.00 . (Districts 1, 8, 16) On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE26. It was moved by Alderman Ruffolo, seconded by Sinclair, to approve Disburse Record # 17 - $8,393,337.79. On roll call vote, motion carried unanimously

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS27. It was moved by Alderman Ruffolo, seconded by Alderman Sinclair to approve Final Acceptance of project #06-1114 Miscellaneous Storm Sewers (30th Avenue – 65' North of 22nd Street, 42nd Avenue – Dead End North of 61st Street, Fish Cleaning Station Parking Lot 45th Street – 240' North of 5th Avenue & 87th Place – Intersection of 26th Avenue) which has been completed by K & L Construction, Whitelaw, Wisconsin in the amount of $38,390.00. (Districts 2, 5, 9 & 15). On roll call vote, motion carried unanimously.

ADJOURNMENTThere being no further business to come before the Common Council, it was moved by Alderman Marks, seconded by Alderman Sinclair, to adjourn at 7:25 p.m.On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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CHAMBERS ROOM 200Monday, October 15, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:09 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Spair, Robinson, Marks, Ruef, Butler, Frederick, Misner, Pacetti, and Polzin, Jr. Aldermen Sinclair, Casey, Pitts and Downing were excused. The invocation was given by Alderman Robinson. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Ruef, seconded by Alderman Spair, to approve the minutes of the meeting held October 15, 2007. Motion carried unanimously. Two (2) Citizens spoke during Citizen's Comments: William Anderson and Louis Rugani.

TO THE COMMITTEE ON FINANCE1. Proposed Resolution To Establish a Schedule of Fees for Development Review under Sections 3.0, 4.0, 9.0, 10.0, 11.0, 13.0, 14.0 and 15.0 of the Zoning Ordinance of the City of Kenosha, Wisconsin. 2. Proposed Resolution To Establish a Schedule of Fees for Development Review Under Chapter 17 of the Code of General Ordinances.3. Proposed Resolution To Establish A Schedule of Fees for the Department of Neighborhood Services and Inspections for Building Permits, Plan Reviews, Assessments, Inspections and Services.

TO THE PUBLIC WORKS COMMITTEE4. Petition to Vacate an Alley Located Between 33rd Avenue and 34th Avenue North of 67th Street, Aldermanic District #11. (Baratta/Frederick) 5. Agreement by and Between the City of Kenosha, Wisconsin and Strawberry Creek, LLC and the Club at Strawberry Creek and the Kenosha Water Utility for Property at 72nd Street and 144th Avenue, Aldermanic District #17. 6. Resolution to Amend Resolution #92-07 for the Final Plat for Riverwoods Subdivision Located South of 18th Street and East of 47th Avenue, Aldermanic District #5. (Riverwoods)

TO THE CITY PLAN COMMISSION7. Petition to rezone property located at 6603 26th Avenue from RG-1 General Residential to IP Institutional Park in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #12. (Bruno)


OF DEPARTMENTS8. It was moved by Alderman Robinson, seconded by Alderman Sinclair, to approve:a. 17 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.

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9. It was moved by Alderman Ruef, seconded by Alderman Butler, to approve request for a density exception for a 20-bed addition to an existing CBRF facility at 10108 74th Street. (17th District) (Clare Bridge of Kenosha) A public hearing was held. No one spoke for or against the request. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS10. It was moved by Alderman Frederick, seconded by Alderman Butler, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Mary Sue Serenob. Bryan R. Thusius-50 demerit points:c. Carmen Benavidezd. Katie Leee. James L. Melander-75 demerit points:f. Shauna Rigney-85 demerit points:g. Angela H. SutherlandA hearing was held. The applicants did not appear. On a voice vote, motion carried.11. It was moved by Alderman Robinson, seconded by Alderman Butler, to DENY the following applications for new Operator's (Bartender) licenses, based on:-material police record:a. Jacquelyn R. Sexton-material police record and false application:b. Vanessa Colon (Deferred from the meeting of September 24, 2007) A hearing was held. The applicants did not appear. On a voice vote, motion carried.12. It was moved by Alderman Robinson, seconded by Alderman Misner, to approve application of Richard J. Beiser for a Taxi Driver's license, subject to 60 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.

ORDINANCES 1ST READINGIt was moved by Alderman Robinson, seconded by Alderman Pacetti, to send the following ordinance on it's way after being read13. By the Board of Water Commissioners – To Repeal and Recreate Section 32.07, Rule 07-06(5), Entitled “Rates and Fees”. On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Robinson, seconded by Alderman Pacetti, to send the following ordinances on their way:14. By City Plan Commission - To Repeal & Recreate Sections 6.01 A.7.a.(2) and (3) 6.01 A.8.a. and To Repeal & Recreate Section 6.01 D.1. and, To Create Section 6.03 of the Zoning Ordinance, Regarding Parking and Loading Requirements. 15. By the Mayor – To Create Section 11.01 P. Entitled “Reinspection Fees”; And, to Create Section 11.04 of the Zoning Ordinance Entitled “Recurring Violation”. On a voice vote, motion carried.

ORDINANCES 2ND READING16. It was moved by Alderman Ruef, seconded by Alderman Frederick, to adopt Ordinance 60-07. A public hearing was held. No one spoke for or against said ordinance.

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On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:ORDINANCE NO. 60 - 07

BY: COMMITTEE ON PUBLIC SAFETY AND WELFARE

TO AMEND SECTION 7.12 C. OF THE CODE OF GENERAL ORDINANCES, BY ADDING AN EASTBOUND STOP SIGN ON 54TH STREET BEFORE ENTERING THE INTERSECTION

WITH 68TH AVENUE; AND, BY ADDING AN EASTBOUND STOP SIGN ON 55TH STREET BEFORE ENTERING THE INTERSECTION WITH 68TH AVENUE

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the following thereto: All vehicles traveling Eastbound on 54th Street shall stop before entering the intersection with 68th Avenue. Section Two: Section 7.12 C. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is amended by adding the following thereto: All vehicles traveling Eastbound on 55th Street shall stop before entering the intersection with 68th Avenue. Section Three: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007It was moved by Alderman Ruef, seconded by Alderman Frederick, to adopt Ordinance 61-07.A public hearing was held. William Anderson and Jeff Labahn, City Development Director, spoke. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

17. ORDINANCE NO. 61-07BY: THE MAYOR

TO ANNEX 117.857 ACRES OF LAND, MORE OR LESS, LOCATED NORTH OF 60TH STREET AND WEST OF 120th AVENUE FROM THE TOWN OF PARIS TO THE CITY OF

KENOSHA [Southport Commons, LLC]Annexing to the City of Kenosha, Wisconsin, territory in the Town of Paris, Kenosha County, Wisconsin: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Annexed. In accordance with: a. Section 66.0217 of the Wisconsin Statutes; and, b. The petition for direct annexation filed with the City Clerk on the 12th day of September, 2007, signed by the owners of one-half (1/2) of the real property in assessed value within the territory; c. There are no electors residing on the land within such territory; and it having been determined that such proposed annexation is in the public interest by: a. The City Plan Commission of Kenosha; b. The Common Council of the City of Kenosha; and it having been determined by the State of Wisconsin, Department of Administration, Municipal Boundary Review Section, that such proposed annexation is not against public policy, as shown by their determination of public interest; the following described territory in the Town of Paris, Kenosha County, Wisconsin, is hereby annexed to the City of Kenosha, Wisconsin: Part of Northeast Quarter and part of the Southeast Quarter of Section 36, in Town 2 North, Range 21 East of the Fourth Principal Meridian, lying and being in Town of Paris, Kenosha County, Wisconsin and being more particularly described as follows: Commencing at the southeast corner of the Southeast Quarter of said Section 36; thence South 89º15’57” West along the south line of said Quarter Section, and along the present corporate limits of the City of Kenosha, 520.00 feet to the point of beginning; thence continuing South 89º15’57” West along the south line of said Quarter Section, and along the present corporate limits of the City of Kenosha, 386.56 feet; thence north 810.02 feet along a west line of Kenosha County Tax Parcel 45-4-221-364-0400 (recorded as “North 1º50’13” West 810.02 feet” on a May 15, 2007 Eric R. Strum / National Survey & Engineering plat of survey of Kenosha County Tax Parcels 45-4-221-364-0400 and 45-4-221-364-0107); thence South 89º15’57” West 254.90 feet to the northeast corner of Kenosha County Tax Parcel 45-4-221-364-0405,

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(recorded as Document 1216325 on April 25, 2001); thence South 1º34’34” East along the east line of said Parcel 45-4-221-364-0405 a distance of 777.00 feet to the north line of County Trunk Highway “K”; thence South 89º15’57” West along said north line, being here 33.00 feet north of, and parallel to, the south line of said Quarter Section, 322.60 feet; thence North 1º34’34” West along the west line of said Parcel 45-4-221-364-0405 a distance of 777.00 feet; thence North 1º48’54” West along the west line of Kenosha County Tax Parcel 45-4-221-364-0400 a distance of 1,180.26 feet to the northwest corner of said Parcel 45-4-221-364-0400; thence South 89º27’05” West along the south line of Kenosha County Tax Parcel 45-4-221-364-0107, a distance of 15.65 feet to the southwest corner of said Parcel 45-4-221-364-0107; thence North 1º34’34” West along the west line of said Parcel 45-4-221-364-0107, a distance of 655.42 feet to the south line of the Northeast Quarter of said Section 36; thence South 89º27’05” West along said south line, 1,115.48 feet to the east line of 128th Avenue; thence North 1º40’26” West along said east line, being here 33.00 feet east of, and parallel to, the west line of said Quarter Section, 158.12 feet; thence North 89º14’49” East along the south line and its westerly extension, of Kenosha County Tax Parcel 45-4-221-361-0305 a distance of 1,289.03 feet, said south line being shown on a September 14, 2000 plat of survey by Wisconsin Registered Land Surveyor Glen A. Marescalco and filed with the Kenosha County Land Information Office; thence North 1º38’28” West along the west line of Kenosha County Tax Parcel 45-4-221-361-0100, a distance of 2,480.77 feet to the north line of the Northeast Quarter of said Section 36; thence North 89º22’16” East along said north line, 1,157.45 feet to the westerly right-of-way line of Interstate Highway “94” (formerly known as U. S. H. “41”), said west right-of-way line being 260.00 feet west of, at right angle, the highway reference line as shown on Wisconsin State Highway Commission Right-of-Way Project I-I(52) 101-1(2); thence south parallel to, and 260.00 feet west of, said highway reference line, 60.75 feet; thence southwest along said westerly highway right-of-way line, 1,354.47 feet to a point which is 370.00 feet west of, at right angle, the said highway reference line, and being as shown on said Wisconsin State Right-of-Way Project I-I(52) 101-1(2); thence southwest along said westerly highway right-of-way line, 862.79 feet to a point which is 990.00 feet west of, at right angle, the said highway reference line, and being as shown on said Wisconsin State Right-of-Way Project I-I(52) 101-1(2); thence south parallel to, and 990.00 feet west of, said highway reference line, 653.83 feet to the north line of the Southeast Quarter of said Section 36; thence North 89º27’05” East along said north line, 314.24 feet to a point which is 700.00 feet west of the northeast corner of said Quarter Section, and being as shown on said Wisconsin State Right-of-Way Project I-I(52) 101-1(2); thence South 1º48’54” East parallel to the east line of said Quarter Section, and along said westerly highway right-of-way line, 100.02 feet; thence North 89º27’05” East along said westerly highway right-of-way line, 40.00 feet to the west line of Kenosha County Tax Parcel 45-4-221-364-0105, (recorded as Document 935642, Volume 1611, Page 320); thence South 1º48’54” East along the west line of said Parcel 45-4-221-364-0105, a distance of 246.48 feet; thence North 89º27’05” East along the south line of said Parcel 45-4-221-364-0105, a distance of 406.04 feet to the westerly right-of-way line of said Interstate Highway “94, said west right-of-way line being here 215.00 feet west of, as measured normal to, the highway reference line as shown on said Wisconsin State Right-of-Way Project I-I(52) 101-1(2); thence southerly along said westerly highway right-of-way line, being here the arc of a circular curve that is concave to the east and is 215.00 feet west of, as measured normal to, the said highway reference line, a distance of 594.12 feet to the southerly terminus of said curve, and being as shown on said Wisconsin State Right-of-Way Project I-I(52) 101-1(2); thence southerly along said westerly highway right-of-way line, being here parallel to, and 215.00 feet west of, said highway reference line, a distance of 1,531.15 feet to the northwesterly line of the triangular parcel acquired as highway right-of-way, and described and recorded in Volume 466 Page 101, Document 387765 on August 26, 1957 and also being as shown on said Wisconsin State Right-of-Way Project I-I(52) 101-1(2); thence southwesterly along the northwesterly line of said triangular parcel, being here the westerly highway right-of-way line, 42.03 feet to a point on the original west right-of-way line which was 245.00 feet west of, as measured at right angle to, said highway reference line; thence continuing southwesterly along the northwesterly line of said triangular parcel, being the westerly highway right-of-way line, 16.69 feet; thence North 1º48’54” West parallel to the east line of the Southeast Quarter

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of said Section 36, a distance of 90.85 feet to the north line of Kenosha County Tax Parcel 45-4-221-364-0420; thence South 89º15’57” West parallel to the south line of said Quarter Section, 213.97 feet; thence South 1º48’54” East parallel to the east line of said Quarter Section, 218.90 feet to the south line of said Quarter Section and the point of beginning; containing 117.857 acres of land, more or less. Section Two: Effect of Annexation. From and after the date of this Ordinance, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: District and Ward Designation. The territory described in Section One of this Ordinance is hereby made a part of the 69th Ward of the 17th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County are requested to have the annexed area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Four: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Five: Payment to Town. Pursuant to Wis. Stats. § 66.0217(14), the Common Council agrees to pay annually to the Town of Paris, for five (5) years, an amount equal to the amount of property taxes that the town levied on the annexed territory, as shown by the tax roll under Wis. Stats.§ 70.65 in 2007.Section Six: Effective Date. This Ordinance shall take effect upon passage and publication as provided by law. Adopted this 15th day of October, 2007, by a two-thirds (2/3rds) vote of the elected members of the Common Council.

Maps are available for viewing in the Office of the City Clerk.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007


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18. It was moved by Alderman Ruef, seconded by Alderman Pacetti, to adopt Ordinance 62-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 3132 – 47TH AVENUE FROM A-2 AGRICULTURAL LAND HOLDING TO RR-2 SUBURBAN SINGLE FAMILY RESIDENTIAL,

C-1 UPLAND CONSERVANCY, C-2 LOWLAND CONSERVANCY AND FW FLOODWAY [Janik/Kraska]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z23-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 20th day of September, 2007, as required in Section 10.02 A. of the Zoning Ordinance. Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.

Map are available for viewing in the office of City Clerk.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007

RESOLUTIONS19. It was moved by Alderman Pacetti, seconded by Alderman Ruffolo, to adopt Resolution 132-07. On roll call vote, motion carried (12-1) with Alderman Polzin voting no and said resolution was thereupon adopted as follows:

RESOLUTION NO. 132-07By: The Committee on Finance

Transfer $50,000 from the Contingency Fund to Administration forKenosha City/County Joint Services Studies

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BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that there be transferred: FROM: Contingency Reserve 110-09-56701-901 $50,000TO: Administration110-01-51301-219 $50,000This represents the city's share for a Joint Services study to determine an appropriate funding formula and a study regarding management and efficiency of Joint Services. Adopted this 15th of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 200720. It was moved by Alderman Pacetti, seconded by Alderman Ruef, to adopt Resolution 133-07 through 144-07 (Item number 20 through 26. On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:


TO LEVY SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY BASED UPON FINAL CONSTRUCTION COSTS RESPECTING IMPROVEMENTS IN STREET RIGHT-OF-

WAY(sidewalks and/or driveway approaches)

BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that special assessments are levied against benefited property based upon final construction costs respecting improvements in street-of-way consisting of construction of sidewalks and/or driveway approaches for Project #07-1012 (18th Avenue - 21st Street to 19th Street & 35th Street - 27th Avenue to 30th Avenue) in the total amount of $13,873.91, as shown by a report of the City Engineer filed in the office of the City Clerk of the City of Kenosha in accordance with the Final Resolution No. 34-07 authorizing such improvements in the street right-of-way. Adopted this 15th day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007




BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that special assessments are levied against benefited property based upon final construction costs respecting improvements in street-of-way consisting of construction of paving, grading and graveling, sidewalks and/or driveway approaches for Project #07-1015 (65th St - 39th Ave to 44th Ave, 40th Ave - 65th St to 67th St, 63rd St - 1 blk E of 39th Ave, 52nd Ave - 67th St N to 51st Ave) in the total amount of $8,194.39, as shown by a report of the City Engineer filed in the office of the City Clerk of the City of Kenosha in accordance with the Final Resolution No. 69-07 authorizing such improvements in the street right-of-way. Adopted this 15th day of October, 2007.APPROVED:

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JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007




BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that special assessments are levied against benefited property based upon final construction costs respecting improvements in street-of-way consisting of construction of sidewalks and/or driveway approaches for Project #07-1208 (Citywide Locations) in the total amount of $20,909.40, as shown by a report of the City Engineer filed in the office of the City Clerk of the City of Kenosha in accordance with the Final Resolution Nos. 70-07 and 90-07 authorizing such improvements in the street right-of-way. Adopted this 15th day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007

21.RESOLUTION NO. 136-07BY: FINANCE COMMITTEE

RESOLUTION TO CORRECT RESOLUTION #36-07 FOR SIDEWALK AND/OR DRIVEWAY APPROACH

PROJECT #06-1015WHEREAS, Resolution #36-07 for Project #06-1015 (18th Avenue - 21st Street to 19th Street & 35th Street - 27th Avenue to 30th Avenue) in the amount of $5,861.00 was passed by the Kenosha Common Council on April 2, 2007, WHEREAS, it has been determined that a special assessment against Parcel #07-222-25-128-022 in the amount of $112.00 for sidewalk repair was levied in error, WHEREAS, it has been determined that a special assessment against Parcel #07-222-25-128-019 in the amount of $224.00 for sidewalk repair was levied in error, WHEREAS, it has been determined that Parcel #10-223-19-251-023 was incorrectly billed in the amount of $560.00, and should have been billed in the amount of $224.00, WHEREAS, it has been determined that Parcel #10-223-19-251-031 was incorrectly billed in the amount of $336.00, and should have been billed in the amount of $224.00, WHEREAS, it has been determined that Parcel #10-223-19-278-006 was incorrectly billed in the amount of $448.00, and should have been billed in the amount of $112.00.NOW, THEREFORE, BE IT RESOLVED, by the Kenosha Common Council that the resolution be changed from $5,861.00 to $4,741.00. Passed this 15th day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007

22.a. RESOLUTION NO. 137-07BY: FINANCE COMMITTEE

To Specially Assess Certain Parcels of Property for Reinspection Fees

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BE IT RESOLVED, that special assessments for reinspection fees during 2007, in the total amount of $5,580.00, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007


To Specially Assess Certain Parcels of Property for Boarding and SecuringBE IT RESOLVED, that special assessments for boarding and securing during 2007, in the total amount of $6,611.44, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha. Passed this 15th day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007


To Specially Assess Certain Parcels of Property for Grass and Weed CuttingBE IT RESOLVED, that special assessments for weed/grass cutting during 2007, in the total amount of $6,758.50, be levied against the respective parcels of property as shown by a report of the Department of Neighborhood Services and Inspections and filed in the office of the City Clerk of the City of Kenosha.Passed this 15th day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007

d. RESOLUTION NO. 140-07BY: COMMITTEE ON FINANCE

TO LEVY A SPECIAL ASSESSMENT UNDER AUTHORITY OF CHARTER ORDINANCE NO. 26, AS AMENDED, UPON CERTAIN PARCELS OF LAND WITHIN THE CITY OF KENOSHA,

WISCONSINWHEREAS, trash and debris located on certain parcels of land in the City of Kenosha, Wisconsin, has been ordered removed by the Health Department of the County of Kenosha, pursuant to Charter Ordinance No. 26, as amended, of the City of Kenosha, Wisconsin; and, WHEREAS, pursuant to Subsection G., Charter Ordinance No. 26, as amended, the cost of abatement, including the cost of service, mailing and publication, and a Seventy-five ($75.00) Dollar Administrative Fee, is to be specially assessed against the real estate upon which such debris and trash were located; and, WHEREAS, trash and debris has been removed by the City, through private contract, from various parcels of real estate at the costs of abatement and administration noted by a report from the Health Department dated October 4, 2007, for the City of Kenosha, a report on file in the Office of the City Clerk/Treasurer/Assessor and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha,

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Wisconsin, that pursuant to Charter Ordinance No. 26, as amended, special assessments in the total amount of Seven Thousand One Hundred Seventeen Dollars and Fifty-seven Cents ($7,117.57) are levied against the respective parcels of property listed in the report of the Health Department on file in the Office of the City Clerk/Treasurer/Assessor for the City of Kenosha, Wisconsin, with interest thereon to be charged at seven and one-half (7.5%) percent per annum from the date of passage of this Resolution. Adopted this 15th day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007


To Rescind One (1) Special Assessment Levied by Resolution No. 120-07 AgainstParcel No. 07-222-25-108-020 (3416 22nd Avenue), Kenosha, Wisconsin

WHEREAS, on September 17, 2007, the Common Council of the City of Kenosha, Wisconsin, adapted Resolution No. 120-07 levying special assessments for boarding and securing various buildings within the City of Kenosha, Wisconsin, at the request of the Department of Neighborhood Services and Inspections; and, WHEREAS, the Department of Neighborhood Services and Inspections has determined that a special assessment should not have been levied on one (1) of those parcels; to wit: Parcel No. 07-222-25-108-020 (3416 22nd Avenue), Kenosha, Wisconsin. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the special assessment of $160.00 levied by Resolution No. 120-07 against Parcel No. 07-222-25-108-020 (3416 22nd Avenue) Kenosha, Wisconsin be and hereby is rescinded. Passed this 15th day of October 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007


To Rescind One (1) Special Assessments Levied by Resolution No. 123-07 Against Parcel No. 09-222-36-402-008 (2320 53rd Street), Kenosha, Wisconsin

WHEREAS, on September 17, 2007, the Common Council of the City of Kenosha, Wisconsin, adapted Resolution No. 123-07 levying special assessments for reinspection fees for various buildings within the City of Kenosha, Wisconsin, at the request of the Department of Neighborhood Services and Inspections; and, WHEREAS, the Department of Neighborhood Services and Inspections has determined that special assessments should not have been levied on one (1) of those parcels; to wit: Parcel No. 09-222-36-402-008 (2320 53rd Street), Kenosha, Wisconsin. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that one (1) special assessments in the total amount of $160.00 levied by Resolution No. 123-07 against Parcel No. 09-222-36-402-008 (2320 53rd Street), Kenosha, Wisconsin be and hereby is rescinded. Passed this 15th day of October 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007

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25. RESOLUTION NO. 143-07BY: ALDERMAN DONALD MOLDENHAUER

TO ASSIGN NEW WARD POLLING PLACEWHEREAS, it is the desire of the City of Kenosha to assign polling place locations that best serve the citizens of the City of Kenosha, AND WHEREAS, it has been deemed that a change in the polling place for Wards 3 and 4 would better serve the citizens of that ward, NOW THEREFORE, BE IT RESOLVED that the polling place location for Ward 3 and 4 be changed to the following location: Ward 3 and 4, Kenosha Public Museum, 5500 1st Avenue Adopted this 15th day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007

26. RESOLUTION NO. 144-07BY: ALDERMAN KURT SINCLAIR

TO ASSIGN NEW WARD POLLING PLACEWHEREAS, it is the desire of the City of Kenosha to assign polling place locations that best serve the citizens of the City of Kenosha, AND WHEREAS, it has been deemed that a change in the polling place for Wards 10, 41, 43, 46, 47, 61, 64, and 66 would better serve the citizens of that ward, NOW THEREFORE, BE IT RESOLVED that the polling place location for Ward 10, 41, 43, 46, 47, 61, 64, and 66 be changed to the following location: Ward 10, 41, 43, 46, 47, 61, 64, and 66, Kenosha Transit Facility, 4303 39th Avenue Adopted this 15th day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 200727. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Resolution 145-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO: 145-07BY: THE MAYOR

TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ANNEXATION OF PARCEL NOS. 45-4-221-364-0107, 45-4-221-364-0400, 45-4-

221-364-0405, AND 45-4-221-361-0100, IN THE TOWN OF PARIS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH SECTION 66.0217(3)(a)(2) OF THE WISCONSIN

STATUTES [Southport Commons, LLC]WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), of the Wisconsin Statutes; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Paris to annex territory known as Parcel Nos. 45-4-221-364-0107, 45-4-221-364-0400, 45-4-221-364-0405, and 45-4-221-361-0100, in the Town of Paris, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on October 15, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Annexation Ordinance under Section 66.0217(3)(a)(2), Wisconsin Statutes, for Parcel Nos. 45-4-221-364-0107, 45-4-221-364-0400, 45-4-221-364-0405, and 45-4-221-361-0100, in the Town of Paris, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the annexation of territory formerly of the Town of Paris, County of Kenosha, Wisconsin, known as Parcel

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Nos. 45-4-221-364-0107, 45-4-221-364-0400, 45-4-221-364-0405, and 45-4-221-361-0100, Kenosha, Wisconsin, as depicted on the Annexation Ordinance, which is incorporated herein by reference. Adopted this 15th day of October, 2007.

Maps are available for viewing the office of the City Clerk.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 200728. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Resolution 146-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO: 146 - 07BY: THE MAYOR

FINAL PLAT FOR DEER PATH ESTATES SUBDIVISION(FORMERLY KNOWN AS STONE CREEK ADDITION #1)

Located at 3132 47th AvenueWHEREAS, a map and Final Plat for Deer Path Estates Subdivision, located at 3132 47th Avenue, has been submitted to the Common Council of the City of Kenosha, Wisconsin; and WHEREAS, said map and Final Plat have been properly certified, acknowledged and executed in the form according to law upon due consideration thereof. NOW THEREFORE, BE IT RESOLVED that the Final Plat of subdivision be and the same hereby in all things approved and the City Clerk be and hereby ordered to attach to the map of said subdivision the seal of the City of Kenosha and sign his name as City Clerk to the certificate of approval of said Final Plat subject to the following Conditions of Approval: 1.Approval of the Plat by the State Department of Administration. 2.Payment of unpaid real estate taxes, special assessments and sanitary sewer impact fees on the parcel of real estate which is being divided prior to the recording of the Final Plat. 3.Applicant entering into a Subdivider’s Agreement with the City of Kenosha and Kenosha Water Utility. The agreement shall be in a form drafted and approved by the City Attorney. Agreement shall determine responsibility and timeframes for the construction of all improvements required by the City and Utility and all other improvements proposed by applicant which will serve the subdivision. The Final Plat shall not be recorded and no building or structure shall be constructed or installed within the subdivision until a Subdivider’s Agreement has been approved and executed. 4.The final Grading/Drainage

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Plan shall be submitted for review and approval addressing the items listed in the September 5, 2007 Public Works memo. 5.The final Utility Plan shall be submitted for review and approval addressing the items listed in the August 31, 2007 Kenosha Water Utility memo. 6.Compliance with City and State codes and ordinances. 7.Payment of all applicable fees, including recording fees prior to recording of the plat. All required park fees shall be paid at the time of issuance of building permits per Chapter 35 of the Code of General Ordinances. 8.Compliance with all the preceding conditions as prerequisite for authorizing the City Clerk and Mayor to sign the plat. 9.The Final Plat shall be submitted to the City Clerk for signature within the time required under Section 236.25(2)(b) of the State Statutes and 17.04 I.4 of the Code of General Ordinances or the plat shall be null and void. 10.Applicant shall provide the City with a digital copy of the Final Plat prior to recording of the plat. 11.Street trees must be thirty (30') feet away from street lights, traffic signals, signs and intersections. City Forester to approve final street tree locations. Street trees are not to be installed until curb, sidewalk, lawn park topsoil and residence have been installed. 12.Six (6) street trees are required, one for each lot. 13.The Plat shall indicate the water elevation on the day of the survey and the high and low water marks per Wisconsin State Statutes. Adopted this 15th day of October, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: October 15, 2007PUBLISHED: October 26, 2007

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Ruef, seconded by Alderman Robinson, to approve Item 29 and 30.29. Approve Developers Agreement Between the City of Kenosha, Kenosha Water Utility, Dominika Janik and Pawel Kraska for Deer Path Estates Subdivision, (formerly Stone Creek Addition #1 Subdivision) (5th District)30. Approval of CMAQ Program Revised Project Agreement between WisDOT and City of Kenosha for Bike Trail Extension. (ID 1693-30-08/78 Nash Park and 45th Street Trail) On roll call vote, motion carried unanimously.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS31. It was moved by Alderman Ruef, seconded by Alderman Robinson, to approve Award of Contract for Project #07-2005 Southport Lighthouse Keepers Dwelling: Exterior Historic Restoration (5117 4th Avenue) to Camosy, Inc., for $34,540.00. (2nd District) On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Alderman Ruef, seconded by Alderman Robinson, to:32. DENY Request to Rescind Reinspection Fee Special Assessments Levied by Resolution No. 105-07 in the Total Amount of $1,380.00 (Against Parcel No. 08-222-35-304-012, 4912 - 56th Street).

Item #33 was pulled from the agenda.33. Request to Rescind Boarding and Securing Fee in the Total Amount of $160.00 (Against Parcel No. 07222-25-108-0200, 3416 - 22nd Street).

Item 34 was deferred in Finance.34. Request to Rescind Resinspection Fee Special Assessments Levied by Resolution No 105-07 in the Total Amount of $350.00 (Against Parcel No. 01-122-01-152-005-0, 6329 - 28th Street) 35. Approve Disbursement Record #18 – $6,380,767.83. On roll call vote, motion carried unanimously.

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RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKSIt was moved by Alderman Marks, seconded by Alderman Robinson to approve Final Acceptance of:36. Project #07-1012 Resurfacing Phase I (70th Street - 18th Avenue to 14th Avenue, 71st Street -23rd Avenue to 22nd Avenue & Lincoln Park Basketball Courts (7001 22nd Avenue) which has been completed by Cicchini Asphalt Paving, in the Amount of $229, 015.13. (8th and 12th Districts) 37. Petition to Pave Streets – Proposed Hillside Height Subdivision 45th Avenue from 45th Street to Proposed 46th Street and 46th Avenue from 47th Street to the South Line of the Proposed Development property. (6th District) (P.W.-Ayes 6: Noes 0) On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Marks, seconded by Alderman Pacetti, to adjourn at 7:40 p.m. On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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COMMON COUNCILOFFICIAL PROCEEDINGSMonday, November 5, 2007



CHAMBERS ROOM 200Monday, November 5, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:09 p.m. On roll call, the following members of the Common Council were present: Aldermen Holland, Ruffolo, Sinclair, Spair, Robinson, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Downing and Polzin, Jr. Excused: Aldermen Haugaard, Moldenhauer and Pacetti.Alderman Pitts left the meeting after action on item 16. The invocation was given by Alderman Marks. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve the minutes of the meeting held October 15, 2007. Motion carried unanimously. At this time, Chairman TraceyMakwen-Pelishek, along with commission members Dave Klimisch, Chelsea Lawliss and Ian Mahone, presented the Mayor's Youth Commission Awards to Ashlyn Bealer, Emma Dalton, Kira Ibarra, Amanda Krueger, Mackenzie Lucas, Bailee Muth, Emily Parker, Jenna Podgorski, Ariana Voyles, Kyle Clark, Andrew Colford, Jeremy Crook, Katie Gregorsky, Kelsey C. Konz, Annie McKeon, Anna M. Ross and Kelsey P. Swiatko. A recess was taken from 7:23 p.m to 7:35 p.m. One (1) Citizen spoke during Citizen's Comments: Lou Rugani.

TO THE COMMITTEE ON FINANCE1. To adopt a Project Plan Amendment for Tax Incremental District #4, City of Kenosha, Wisconsin, Under Section 66.1105(4)(h)1., of the Wisconsin Statutes - City Plan Commission Resolution #13-07, Aldermanic Districts #2, #7 and #8. (Also refer to City Plan Commission.)2. Resolution approving the 2008 - 2012 Capital Improvement Plan for the City of Kenosha, Wisconsin. (Also refer to City Plan Commission.)3. 2008 Consolidated Plan/Annual Plan for the Community Development Block Grant/HOME Programs. (Also refer to City Plan Commission.)4. Offer of Sale Agreement from the City of Kenosha to the Kenosha Water Utility for property located at 51st Place and east of 4th Avenue, Aldermanic District #2. (Also refer to City Plan Commission and Board of Water Commissioners.)5. Ratify the 2007-09 Labor Agreement between the City of Kenosha and AFSCME, Local #71.

TO THE PUBLIC WORKS COMMITTEE6. Petition to vacate an alley located between 33rd and 34th Avenues from 58th to 60th Streets, Aldermanic District #11. (Brandes/Frederick) (Also refer to City Plan Commission.) 7. Petition to vacate an alley located between 34th and 35th Avenues from 67th to 68th Streets, Aldermanic District #12. (Provencher/Casey) (Also refer to City Plan Commission.)8. Developers Agreement by and between Gateway Center, LLC, the City of Kenosha and Kenosha Water Utility for property located south of CTH K and west of I-94, Aldermanic District #17. (Kenosha Town Center) (Also refer to City Plan commission and Board of Water Commissioners.)9. Resolution to approve a four-lot Certified Survey Map for property located at the northwest corner of 71st Street and 122nd Avenue, Aldermanic District #17. (Gateway Center, LLC) (Also refer to City Plan Commission.)10. Resolution to approve a three-lot Certified Survey Map for property located at 4700 38th Avenue, Aldermanic District #10. (BLM Properties, LLC) (Also refer to City Plan Commission.)

TO THE PUBLIC SAFETY AND WELFARE COMMITTEE

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11. Amendments to Chapter 16 of the Code of General Ordinances.

TO THE CITY PLAN COMMISSION 12. To Amend the Official Map for the City of Kenosha, Wisconsin, to include the Attachment of Parcels #80-4-222-193-0305; #80-4-222-193-0300; #80-4-222-302-0100; #80-4-222-302-0210; #80-4-222-302-0200; #80-4-222-303-0100; #80-4-222-303-0200; #80-4-222-303-0225; #80-4-222-303-0250; #80-4-222-303-0275, in the Town of Somers, Kenosha County, Wisconsin, in accordance with the approved City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes (VK Somers, LLC) 13. To Review the Redevelopment Plan for the Wilson Neighborhood Redevelopment Project Area, Aldermanic District #10. (Also refer to Redevelopment Authority.)14. Petition to rezone property at the northwest corner of 71st Street and 122nd Avenue from A-2 Agricultural Land Holding to B-2 Community Business District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #17. (Gateway Center, LLC)

COMMUNICATIONS, PETITIONS, REPORTS OF DEPARTMENTS15. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve:a. 15 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There was one application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 2 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.16. It was moved by Alderman Casey, seconded by Alderman Frederick, to DENY the Local Historic Structure Designation for the Roosevelt Theater, 2908-2914 Roosevelt Road, District 12.The Mayor advised that a motion to deny would be out of order, since the recommendation from the Commission was to approve. The vote on the motion to approve would need to fail before a motion to deny would be in order.16.1 It was then moved by Alderman Polzin, seconded by AldermanDowning to approve.A Public Hearing was held. Attorney Nicholas Infusino, Tracy Schnell, Kathryn Hannemann and John Gee, owners; Raymond Salerno and Lou Rugani spoke. The mayor left during the discussion and came back. 16.2 After discussion by the aldermen, it was moved by Alderman Casey, seconded by Alderman Ruffolo, to table. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS17. It was moved by Alderman Downing, seconded by Alderman Butler, to approve the following applications for new Operator's (Bartender) licenses, subject to:25 demerit points:a. Ryan D Dellisse-50 demerit points:b. Joshua K Lamersc. Derek L Maklezowd. Evan P Priday-75 demerit points:e. Tanya N SchneebergerA hearing was held. The applicants did not appear. On a voice vote, motion carried.18. It was moved by Alderman Robinson, seconded by Alderman Downing, to DENY application for new Operator's (Bartender) licenses, based on:

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-material police record:a. Jennifer K MatuszewskiA hearing was held. The applicant did not appear. On a voice vote, motion carried.19. It was moved by Alderman Spair, seconded by Alderman Sinclair, to approve application of Las Cazuelas Mexican Grill LLC, Sylvia Delagarza, Agent, for a Class “B” Beer & “Class B” Liquor License located at 2200-60th St, (Las Cazuelas Mexican Grill), with acceptance of a conditional surrender of a similar license at the same location from Chihuahua's Grill LLC. A hearing was held. The applicant did not appear. On a voice vote, motion carried.20. It was moved by Alderman Casey, seconded by Alderman Frederick, to approve application of Mars Entertainment LLC, Marlene Fredrick, Agent, for a Class “B” Beer & “Class B” Liquor License located at 2227-60th St, (Marlene's Restaurant & Catering), with acceptance of a conditional surrender of a similar license at the same location from Bombay Louie's International, Inc. (7th District) A hearing was held. The applicant, Marlene Fredrick and Randy Molin did appear. On a voice vote, motion carried.21. It was moved by Alderman Ruffolo, seconded by Alderman Butler, to approve application of Nook Cafe and Bakery LLC, Tammy Martin, Agent, for a “Class C” Wine License located at 5703-6th Ave, (Nook Cafe and Bakery). (2nd District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.22. It was moved by Alderman Marks, seconded by Alderman Butler, to approve application of El Charrito LLC, Blanca Martinez, Agent, for a Class “B” Beer & “Class B” Liquor License located at 3200-60th St, (El Charrito), with acceptance of a conditional surrender of a similar license at the same location from Zacatecas Mexican Grill LLC. (11th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.23. It was moved by Alderman Casey, seconded by Alderman Frederick, to approve Findings of Fact, Conclusions of Law, and Recommendations (To grant subject to 85 demerit points) regarding the Operator's (bartender) license of Richard B. Rosko. A hearing was held. The applicant did not appear. On a voice vote, motion carried.

ORDINANCES 1ST READINGIt was moved by Alderman Casey, seconded by Alderman Robinson, to send the following ordinance on it's way after being read.24. By the Mayor - To Create Section 1.06 I. Entitled Board of Absentee Ballot Canvassers”; And, to Create Section 1.121 Entitled “Absentee Ballots”.On a voice vote, motion carried.

ZONING ORDINANCES 1ST READINGIt was moved by Alderman Casey, seconded by Alderman Robinson, to send the following ordinances on their way after being read.25. By the Mayor – To Rezone Property Located at 6603 – 26th Avenue from RG-1 General Residential to IP Institutional Park [Bruno] (12th District)26. Attachment and Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan (Parcel Nos. 80-4-222-193-0305;80-4-222-193-0300; 80-4-222-302-0100; 80-4-222-302-0210; 80-4-222-302-0200; 80-4-222-303-0100; 80-4-222-303-0200;80-4-222-303-0225; 80-4-222-303-0250; and 80-4-222-303-0275) Town of Somers. [VK Somers, L.L.C. - Property Owners]On a voice vote, motion carried.

ORDINANCES 2ND READING

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27. It was moved by Alderman Casey, seconded by Alderman Misner, to adopt Ordinance 63-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 63-07BY: THE BOARD OF WATER COMMISSIONERS

TO REPEAL AND RECREATE SECTION 32.07, RULE 07-06(05), OF THE CODE OF GENERAL ORDINANCES FOR THE CITY OF KENOSHA, ENTITLED “RATES AND FEES”

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 32.07, Rule 07-06(05) of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 07-06(05). Rates and Fees. The Board shall establish, adopt, and from time to time modify rates and fees. The Board shall develop a sewerage service charge system that will: 1. Meet Department of Natural Resources requirements as may be required; 2. Develop rates that will allow the Water Utility to generate revenue to pay expenses, cover debt service, and receive an adequate return on investments; 3. Establish fair and equitable rates for the City of Kenosha retail customers, outlying municipalities, waste haulers and any other customers receiving service from the Water Utility. All rates and fees for sewer service shall be adopted by the Board and shall relate to the following categories: A. Category A Retail Charges. Category A Retail is defined as City of Kenosha customers with normal domestic strength wastewater having BOD concentrations of no greater than 200 mg/l, suspended solids no greater than 250 mg/l, phosphorus no greater than 5.0 mg/l. 1. The service charge for Category A Retail customers shall be the fixed charge plus a volume charge. The service charge for Category A Retail dischargers discharging to the wastewater collection facilities and being served by the Water Utility with water metered service shall be based on the volume of water used, as measured by the Water Utility water meter upon the premises receiving water service from the Water Utility, plus a fixed charge. 2. Industrial dischargers will be assessed an additional charge for the purpose of defraying the cost of the Wastewater Discharge Permit and pretreatment program.3. The service charge for Category A Retail residential dischargers discharging to the wastewater collection facilities and receiving part or all of their water supply from sources other than the Water Utility, shall be based upon the estimated volume of wastewater discharged to the wastewater collection facilities where there is no meter measuring the total water supply used. Where desired, the owners or occupiers of such property shall install sewage meters, at their cost and expense. Where such a meter has been installed, the service charge shall be based upon the volume of wastewater discharged, plus a fixed charge. Commercial or industrial dischargers discharging to the wastewater collection facilities and receiving part or all of their water supply from sources other than the Water Utility, shall be required to install water or sewage meters for billing calculation purposes. The cost of the meters and installation shall be paid by the customer. Testing of meters to ensure the proper operation and accuracy shall be performed as required by the Water Utility. 4. Where a significant amount of metered water does not reach the wastewater collection facilities due to process water that is discharged into the storm sewer system or ground watering, etc., the discharger may, at their own cost and expense, through the Water Utility, install a second meter which would monitor the flow of such water. Requests for a second meter must be made, in writing, and approved by the General Manager of the Water Utility. Upon approval and verification by the Water Utility of the separated piping systems, the second meter will be installed. 5. The Water Utility may determine a sprinkling credit, which is a reduction in the Sewerage Service Charge, to be given for summer water consumption in excess of normal winter consumption. This credit is given based on the average usage during the winter season subtracted from the actual usage during the summer season. There is a minimum usage of 1,000 cubic feet per month for summer consumption. This provision applies only to retail residential dischargers within the City of Kenosha. B. Category B Retail Charges. Category B Retail is defined as City of Kenosha customers having wastewater concentrations of BOD greater than 200 mg/l, suspended solids greater than 250 mg/l, phosphorus greater than 5.0 mg/l.Dischargers whose wastewater exceeds the concentrations for any one of these parameters shall be in Category B Retail. The service charge for Category B Retail wastewater shall be the fixed charge and

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volume charge as established in Category A Retail, plus a unit charge for BOD greater than 200 mg/l, suspended solids greater than 250 mg/l, phosphorus greater than 5.0 mg/l. Category B Retail service charges for volume, BOD, suspended solids and phosphorus shall be computed in accordance with the formula presented below: C = F + (V x CV) + 0.00624 V [(B x CB) + (S x CS) + (P x CP)] where: C is the Charge to sewer user for collection and treatment of wastewater; F is the Fixed charge per billing period; B is the Concentration of excess BOD in mg/l in the wastewater (concentration minus 200 mg/l equals B); S is the Concentration of excess suspended solids in mg/l of wastewater (concentration minus 250 mg/l equals S); P is the Concentration of excess phosphorus in mg/l of wastewater (concentration minus 5.0 mg/l equals P); V is the Wastewater volume in 100 cubic feet for the billing period; CV is the Cost per 100 cubic feet; CB is the Cost per pound of BOD; CS is the Cost per pound of suspended solids; CP is the Cost per pound of phosphorus; 0.00624 equals Conversion factor. C. Wholesale/Municipal Metered Charges. Wholesale/Municipal Metered Service Charges for outlying communities are established for customers flowing into master sewer meters. The charges for this class of customer shall be determined by actual readings and monitored loadings from the master meter. Fixed charges shall be calculated based on actual costs for service, including, but not limited to, metering, monitoring, testing, billing and administration. D. Wholesale/Municipal Unmetered Charges. Wholesale/Municipal Unmetered Service Charges for outlying communities are established for customers not flowing into master sewer meters. Sewer service charges for outlying community's customers not having master sewer meters shall be based on average sewer metered flows and loadings, from their respective village, town or district, less any industrial/commercial flows and loadings, divided by the number of nonindustrial/commercial customers connected to the metered system. Fixed charges shall be calculated based on actual costs for service. Industrial dischargers will be assessed an additional charge for the purpose of defraying the cost of the Wastewater Discharge Permit and Pretreatment Program. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: November 5, 2007PUBLISHED: November 9, 2007


It was moved by Alderman Casey, seconded by Alderman Misner, to adopt Ordinance 64-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

28. ZONING ORDINANCE NO. 64-07BY: THE MAYOR

TO CREATE SECTION 11.01 P. OF THE ZONING ORDINANCE OF THE CITY OF KENOSHA, ENTITLED REINSPECTION FEES ; AND, TO CREATE SECTION 11.04 OF THE ZONING″‶

ORDINANCE FOR THE CITY OF KENOSHA, ENTITLED RECURRING VIOLATION″‶The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 11.01 P. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby created as follows: P. Reinspection Fees. To compensate the City for inspection and administrative costs, a fee may be charged for any reinspection following an initial inspection which resulted in a order for corrective action. There shall be no reinspection fee for a final inspection indicating compliance or for a reinspection occurring during the period of an approved time extension granted for good cause and involving a good faith effort on the part of the property owner to comply with the order. The Common Council shall from time to time, by Resolution, establish such Reinspection Fees. Section Two: Section 11.04 of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby created as follows: 11.04 RECURRING

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VIOLATION As used herein, recurring violation shall mean a second, or any subsequent violation of″‶ any provision of this Ordinance committed by a person within any one (1) year period and for which the person admits responsibility or is determined to be the responsible person. Whenever a notice of violation and order has been issued to the responsible person or tenant, where relevant, for a violation of this Code, no further notice and order shall be necessary for any recurrence of the same or similar violation prior to the commencement of any forfeiture action or prior to seeking an injunction in a Court of record. Section Three: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: November 5, 2007PUBLISHED: November 9, 2007It was moved by Alderman Casey, seconded by Alderman Robinson, to adopt Ordinance 65-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

29. ZONING ORDINANCE NO. 65-07BY: THE MAYOR

TO REPEAL AND RECREATE SECTIONS 6.01 A.7.a.(2) and (3) OF THE ZONING ORDINANCE; TO REPEAL AND RECREATE SECTION 6.01 A.8.a. OF THE ZONING ORDINANCE; TO REPEAL AND RECREATE SECTION 6.01 D.1. OF THE ZONING ORDINANCE; AND, TO CREATE SECTION 6.03 OF THE ZONING ORDINANCE,

REGARDING PARKING AND LOADING REQUIREMENTSThe Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Sections 6.01 A.7.a.(2) and 6.01 A.7.a.(3) of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: (2)New construction within the B-3 District required parking equal to fifty (50%) percent of the parking requirements of Section 6.01 F. of the Ordinance. New construction shall be defined as any new principal building or structure, or any addition to an existing building or structure which exceeds fifty (50%) percent of the total assessed value of the existing building or structure. (3) New or reconstructed multiple-family development involving more than two (2) dwelling units above the first floor in the B-3 District shall be subject to compliance with the off-street parking requirements in Section 6.01 F. of this Ordinance. Section Two: Section 6.01 A.8.a. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: a. There shall be reduced parking requirements for new construction of institutional, business and/or multiple family residential uses within the B-4 District equal to fifty (50%) percent of the parking requirements of Section 6.01 F. of this Ordinance. Reduced parking requirements shall not be permitted for Elderly and Handicapped Multifamily units, Elderly and Handicapped Community Living Arrangements or Assisted Living Facilities. Section Three: Section 6.01 D.1. of the Zoning Ordinance for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 1. Screening of Parking Facilities. All off-street parking facilities for five (5) or more vehicles, not contained in a building or structure, shall be effectively screened on any side of the facility which is adjacent to or across an alley from a residential district. Such screening shall be accomplished by a fence, wall, berm or landscaping, or some combination thereof, constituting an opaque characteristic which obscures from horizontal view, the parking facility. Such screen shall not be less than four (4') feet in height, except where reduced heights are required in §2.06, "Visual Clearance" of this Ordinance. Section Four: Section 6.03 of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby created as follows: 6.03 RELIEF FROM PARKING AND LOADING REQUIREMENTS Reduced parking and loading requirements may be approved under a Conditional Use Permit or Site Plan Review, when so authorized by the CPC in the case of a review authority of CPD or CPC or by the Common Council in the case of review authority of the Common Council. The CPC or Common Council shall hold a public hearing on the request and all owners within one hundred (100') feet

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of the property, excluding street right-of-ways, shall be notified by mail of the hearing. Section Five: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: November 5, 2007PUBLISHED: November 9, 2007

RESOLUTIONSIt was moved by Alderman Casey, seconded by Alderman Ruffolo, to adopt Resolution 147-07 through 149-07 (items 30, 31 and 32). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

30. RESOLUTION NO. 147-07BY: CITY PLAN COMMISSION

TO ESTABLISH A SCHEDULE OF FEES FOR DEVELOPMENT REVIEW UNDER SECTION 3.0, SECTION 4.0, SECTION 9.0, SECTION 10.0, SECTION 11.0, SECTION 13.0, SECTION 14.0

AND SECTION 15.0 OF THE ZONING ORDINANCE OF THE CITY OF KENOSHA, WISCONSIN

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the following schedule of fees for Development Review under Section 3.0, Section 4.0, Section 9.0, Section 10.0, Section 11.0, Section 13.0 Section 14.0 and Section 15.0 of the Zoning Ordinance for the City of Kenosha, Wisconsin, is hereby adopted and replaces and supersedes the prior fees.

CITY OF KENOSHA-DEPARTMENT OF

CITY DEVELOPMENT-REVIEW FEEs

AIRPORT SITE PLAN REVIEW

$525 §13.10 D.1.

ANNEXATION AGREEMENT

$145 §11.01

AVIGATION EASEMENT

$160 §13.05 D.1.; §13.09 B.

BOARD OF ZONING APPEALS ACTIONS- APPEALS, VARIAN

$325 §9.07 A.

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CES & REHEARINGS

CITY PLAN COMMISSION CONCEPT REVIEW

$100 §11.01

CONCEPT PLAN (CUP / SITE PLANREVIEW /REZONING)

$550§11.01

CONDITIONAL USE PERMIT / SITE PLAN REVIEWLEVEL 1 (0 - 10,000 S.F. / 0 - 1 ACRE)LEVEL 2 (10,001 - 50,000 S.F. / 1 - 10 ACRES)LEVEL 3(50,001 - 100,000 S.F. / 10 - 25 ACRES)LEVEL 4 (100,001 + S.F. / 25 + ACRES)PLAN AMEND

$800 CPD $900 CPC or CC$1,250 CPD$1,350 CPC or CC$1,700 CPD$1,180 CPC or CC$2,150 CPD$2,250 CPC or CC50% OF

§4.04 C. & §14.04

§4.03 C.1. & §14.05

§4.04 C. & §14.04

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MENTS

RESUBMITTAL FEE (PER EACH SUBMITTAL)

APPLICABLE FEE$500

DEVELOPER'S AGREEMENT (CUP / SITE PLAN REVIEW)

$1,250

§11.01

DOCUMENT RECORDING

$35 §11.01

HISTORIC PRESERVATION COMMISSION REGULARLY SCHEDULED MEETING

$0 §15.22

HISTORIC PRESERVATION COMMISSION SPECIAL MEETING

$50 §15.22

MISC./MINOR REVIEW

$100 §4.04 C. & §14.04

NEIGHBORHOOD PLANS

$1,100

§11.01§11.01

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- CONCEPT- PLAN AMENDMENT

$1,050

PLANNED DEVELOPMENT OVERLAY (PDO) PETITION

$525 §3.22 A.2.

REVIEW AUTHORITY APPEAL

$425 §4.04 H. & §14.06 K.

REZONING- WITHOUT CONCEPT PLAN- WITH CONCEPT PLAN

$550$1100

§10.02 A.1.§10.02 A.1.

ZONING / FLOODPLAIN VERIFICATION LETTER

$30 §11.01

Adopted this 5th day of November, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO ESTABLISH A SCHEDULE OF FEES FOR DEVELOPMENT REVIEW UNDER CHAPTER XVII

OF THE CODE OF GENERAL ORDINANCESBE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the following schedule of fees for Development Review under Chapter XVII of the Code of General Ordinances, is hereby adopted and replaces and supersedes the prior fees.

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CITY OF KENOSHA-DEPARTMENT OF CITY DEVELOPMENT-REVIEW FEES

CERTIFIED SURVEY MAP CONCEPT

$325 §17.04 A.

CERTIFIED SURVEY MAP WITHOUT DEVELOPER'S AGREEMENT- 2-LOT CERTIFIED SURVEY MAP- 3-LOT CERTIFIED SURVEY MAP- 4-LOT CERTIFIED SURVEY MAP- RESUBMITTALS

$650$750$850$400

§17.04 K.§17.04 K.§17.04 K.§17.04 K.

CERTIFIED SURVEY MAP WITH DEVELOPER'S AGREEMENT $1,500 §17.04 K.

DEVELOPER'S AGREEMENT $1,250 §17.11 A.

DOCUMENT / PLAT / MAP RECORDING

$35 §17.13 A.

LOT LINE ADJUSTMENT SURVEY $35 §17.04 L.

PARCEL COMBINATION $30 §17.13 A.

REPLAT SAME AS FINAL §17.04 N.

SUBDIVISION PLAT- CONCEPT- PRELIMINARY PLAT- FINAL WITH APPROVED PRELIMINARY- FINAL WITHOUT APPROVED PRELIMINARY- RESUBMITTALS (PER EACH SUBMITTAL)

$1,100 + $5/LOT$2,200 + $10/LOT$2,700 + $10/LOT$3,200 + $10/LOT$800

§17.04 A.§17.04 F.§17.04 H.§17.04 F.§17.04 H.

SUBDIVISION INSPECTION FEES AS ESTABLISHED BY DEVELOPER'S AGREEMENT

§17.11 A.

Adopted this 5th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

32. RESOLUTION 149-07By: BOARD OF WATER COMMISSIONERS

TO PLACE SPECIAL ASSESSMENTS AGAINST BENEFITTED PARCELS OF PROPERTY ON THE 2007 REAL ESTATE TAX ROLL FOR THE CONSTRUCTION OF WATER/SEWER

MAINS, CONNECTION/ LATERAL ASSESSMENTS, DELINQUENT WATER, SEWERAGE AND HOUSEHOLD HAZARDOUS WASTE BILLS, ETC., IN THE AMOUNT OF $1,358,361.00.

BE IT RESOLVED that the attached assessments (construction of water/sewer mains, connection/lateral, and delinquent water, sewerage and household hazardous waste bills, etc., in the amount of One million three hundred fifty-eight thousand three hundred sixty-one and no/100 dollars ($1,358,361.00) be levied against benefitted parcels of property as shown by the report of the General Manager of the Kenosha

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Water Utility and filed in the office of the City Clerk of the City of Kenosha for the year 2007 as follows: Delinquent Water and Sewerage Bills,Fireline Charges, and HouseholdHazardous Waste Bills $1,334,115.00 Water/Sewer Main and Connection/Lateral Assessments $24,246.00, $1,358,361.00.Adopted: November 5, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKIt was moved by Alderman Marks, seconded by Alderman Butler, to adopt Resolution 150-07 (item 33). On a roll call vote, motion carried (10-3) with Alderman Casey, Misner and Ruffolo voting no, and said resolution was thereupon adopted as follows:

33. RESOLUTION NO. 150-07BY: Mayor Antaramian

To Authorize Disbursement from the Dairyland Trust Fund forthe Annual Kwanzaa Celebration in the Amount of $500

WHEREAS, the agreement by and between Dairyland Greyhound Park, Inc. and the City of Kenosha, Wisconsin, allows the use of certain monies placed in trust with the City to be used for the funding of youth facilities and activities at the sole discretion of the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin that the Director of Finance be, and is hereby, authorized to disburse the amount of $500 to assist in offsetting expenses relating to the Kwanzaa Celebration scheduled for Sunday, December 16, 2007. Adopted this 5th day of November,2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKIt was moved by Alderman Casey, seconded by Alderman Downing, to adopt Resolutions 151-07 through 156-07 (items 34-39). On a roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

34. RESOLUTION NO. 151-07BY: ALDERMAN JESSE DOWNING

TO ASSIGN NEW WARD POLLING PLACE

WHEREAS, it is the desire of the City of Kenosha to assign polling place locations that best serve the citizens of the City of Kenosha, AND WHEREAS, it has been deemed that a change in the polling place for Wards 32, 36, 37, 38, 39, 40, 42, 51, 58, 59, 63 and 68 would better serve the citizens of those wards, NOW THEREFORE, BE IT RESOLVED that the polling place location for Wards 32, 36, 37, 38, 39, 40, 42, 51, 58, 59, 63 and 68 be changed to the following location: Guttormsen Recreation Center, 5411 Green Bay Road. Adopted this 5th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO ESTABLISH A SCHEDULE OF FEES FOR THE DEPARTMENT OF NEIGHBORHOOD SERVICES AND INSPECTIONS FOR BUILDING PERMITS, PLAN REVIEWS,

ASSESSMENTS, INSPECTIONS AND SERVICESBE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the attached

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Schedule of Fees of the Department of Neighborhood Services and Inspections for Building Permits, Plan Reviews, Assessments, Inspections and Services required by the Code of General Ordinances (on file in the Office of the City Clerk), is hereby adopted. Adopted this 5th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO CREATE WARD 69, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 34, 35, 44, 49, 50, 57, and 69

FIRST ASSEMBLY OF GOD 10700 75TH STWHEREAS, Annexation Ordinance No. 61-07 annexed parcel 45-4-221-364-0107, 45-4-221-364-0400, 45-4-221-364-0405, and 45-4-221-361-0100 North of 60th Street and West of 120th Ave, located in the Town of Paris into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the annexed parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land annexed under Annexation Ordinance No. 61-07 be placed in City of Kenosha Voting Ward 69, District 17, and that the polling place for wards 34, 35, 44, 49, 50, 57, and 69 be combined to the First of Assembly of God, 10700 75th Street, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes. Adopted this 5th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


AMENDING RESOLUTION #92-07 FOR THE FINAL PLAT FOR RIVERWOODS SUBDIVISION

Located South of 18th Street and East of 47th AvenueWHEREAS, on July 16, 2007, the Common Council of the City of Kenosha, Wisconsin approved the Final Plat of Riverwoods Subdivision per Resolution #92-07; and WHEREAS, the owner has requested an Amendment to the lot and street layout of the plat. NOW THEREFORE, BE IT RESOLVED that Resolution #92-07 is hereby amended by attaching Exhibit A as the Final Plat, subject to all the original Conditions of Approval. Adopted this 5th day of November, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


RESOLUTION TO AUTHORIZE THE SUBMITTAL OF A STATE GRANT APPLICATION BY THE CITY OF KENOSHA AND THE SUBSEQUENT APPROPRIATION OF CITY OF

KENOSHA FUNDS FOR A BROWNFIELD SITE ASSESSMENT GRANT RESPECTING THE FORMER PARRONE PROPERTY,

3604 67th STREET, PARCEL #01-122-01-256-005

WHEREAS, the City of Kenosha, Wisconsin, recognizes that the remediation and redevelopment of a brownfield site is an important part of protection of Wisconsin's resources; and, hereby designates Ronald Bursek, Director of Public Works, to submit a Round 8 application for grant funds to benefit 3604 67th

13



Street; and, WHEREAS, in this action, the Common Council of the City of Kenosha, Wisconsin, has declared its intent to complete Brownfield Site Assessment Grant activities described in the application if awarded funds; and,WHEREAS, the City of Kenosha will maintain appropriate records during the Brownfield Site Assessment Grant period; and,WHEREAS, the City of Kenosha will allow employees from the Department of Natural Resources access to inspect the grant site or facility and grant records; and,WHEREAS, the City of Kenosha, through the Director of Public Works, will submit a final report to the Department which will accompany the final payment request. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that it requests funds and assistance available from the Wisconsin Department of Natural Resources under the Brownfield Site Assessment Grant Program for the remediation and redevelopment of property located at 3604 67th Street, Parcel #01-122-01-256-005, and will comply with State rules for the program; and, BE IT FURTHER RESOLVED, that the Common Council of the City of Kenosha, Wisconsin, authorizes Ronald Bursek, Director of Public Works, with the assistance of The Environmental Management Company, LLC (TEMCO), to act on the behalf of the City of Kenosha to submit an application to the State of Wisconsin for financial aid for Brownfield Site Assessment Grant purposes, sign documents, and take necessary action to undertake, direct, and complete approved grant activities. Adopted this 5th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO AUTHORIZE THE FIRE CHIEF TO PERMIT FIRE FIGHTERS FROM OTHER JURISDICTIONS

TO PARTICIPATE IN EMS TRAINING PROGRAMSCONDUCTED BY AND FOR THE KENOSHA FIRE DEPARTMENT ON A PAY-AS-YOU-GO

BASIS ANDAT NO COST TO THE CITY OF KENOSHA

WHEREAS, The City of Kenosha Fire Department employs some 156 fire fighters, who are cross-trained as Emergency Medical Technicians and Paramedics; and, WHEREAS, The Fire Department presently responds to some 9,500 calls for EMS service annually; and, WHEREAS, In order to meet State mandated EMS training requirements to license/re-license Fire Department personnel, the City, in recent years, has conducted training with the assistance, and under the auspices, of Gateway Technical College; and, WHEREAS, To guarantee the continuity and quality of the EMS services in and for the City of Kenosha, and to further ensure that these services can be delivered in a cost effective and efficient manner, the Kenosha Fire Department is seeking to implement an EMS Training Center; and, WHEREAS, It in the greater public interest and beneficial to the City of Kenosha to allow fire fighters from other jurisdictions to participate in EMS training conducted by and for the Kenosha Fire Department, on a “space available” basis and at no cost to the City of Kenosha. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that, the Chief of the Fire Department of the City of Kenosha is hereby authorized to allow fire fighters from other jurisdictions to participate in EMS training conducted by and for the Kenosha Fire Department, on a “space available” basis, and so long, and only so long, as all costs of such participation are paid by the employing jurisdiction and no added costs are incurred by the City of Kenosha. Adopted this 5th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

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It was moved by Alderman Casey, seconded by Alderman Downing, to approve:40. Appointment of Alderman Don Moldenhauer to the Keep Kenosha Beautiful Commission to fulfill an unexpired term to expire May 1, 2010.41. Appointment of Colin Galitz to the Mayor's Youth Commission to fulfill an unexpired term to expire November 1, 2008.42. Reappointment of the following commissioners to the Mayor's Youth Commission for terms to expire November 1, 2009:a. Priscilla Canada b. Officer Jeff Wamboldtc. David Klimischd. Ian Mahone43.Reappointment of Tracey Maksen Pelishek to the Mayor's Youth Commission for a six-month extension of her term which will expire May 1, 2008. On roll call vote, motion carried unanimously.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS44. It was moved by Alderman Casey, seconded by Alderman Downing, to approve award of Contract for Project #07-1212 Street Division Fence (6415 35th Avenue - 63rd Street Side) to Northway Fence, Menomonee Falls, Wisconsin in the Amount of $26,000.00. (11th District) On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTSIt was moved by Alderman Casey, seconded by Alderman Downing, to approve: 45. Agreement for Engineering Services with HNTB Task Order No. 4 – MS4 Permit Compliance Activities. 46.Developer's Agreement By and Between the City of Kenosha, Wisconsin and Strawberry Creek, LLC and the Club at Strawberry Creek and the Kenosha Water Utility for Property at 72nd Street and 144th Avenue. (17th District) (47. 2008 Agreement for Emergency Medical Services Instructional Services by and between the City of Kenosha and Gateway Technical College. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Casey, seconded by Downing, to approve:48. Request by Property Owner, Scott Carney, to Rescind Reinspection Fees Associated with Zoning Ordinance Violations for Property Located at 6329 - 28th Avenue (Parcel No. 01-122-01-152-005-0) 49. Change Order for Project #05-1208 by increasing the amount of the contract from $335,000.00 to $366,013.00 – Sidewalk and Curb and Gutter Repair, Contractor: Marvin Gleason. 50. Change Order for Project #06-1540 by increasing the amount of the contract from 8,857,000.00 to $9,207,902.00 – Civil War Museum building Construction, General Contractor: Nicholas & Associates. 51. Receive and File Kenosha Area Business Alliance, Inc. 2007 3rd Quarter Loan Reports 52. Disbursement Record #19 – $7,767,829.00. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS

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53. It was moved by Alderman Casey, seconded by Alderman Downing, to approve Final Acceptance of Projects:a. #05-1612 KAT Site Development (32nd Avenue @ 40th Street) completed by Mann Brothers, Inc., Elkhorn, Wisconsin in the amount of $777,444.93. (10th District)b. #06-1012 Resurfacing Phase I (80th Street - 50th Avenue to 39th Avenue) which has been satisfactorily completed by Payne & Dolan, Inc., Kenosha, Wisconsin in the amount of $714,576.91.(14th District) 54. Final Acceptance of Drainage and Street Improvements in Indian Trail Plaza. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Marks, seconded by Alderman Casey, to adjourn at 9:30 p.m. On a voice vote, motion carried.


MAYORAttest:


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CHAMBERS ROOM 200Monday, November 19, 2007

At a meeting of the Common Council held this evening, Acting Mayor, Donald K. Holland presided. The meeting was called to order at 7:11 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Holland, Ruffolo, Sinclair, Spair, Robinson, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Downing and Polzin, Jr. Aldermen Moldenhauer and Pacetti were previously excused. The invocation was given by Alderman Sinclair. Acting Mayor Holland then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Downing, to approve the minutes of the meeting held November 5, 2007. Motion carried unanimously. One (1) Citizens spoke during Citizen's Comments: Louis Rugani.


OF DEPARTMENTS1. It was moved by Alderman Casey, seconded by Alderman Sinclair, to approve:a. 19 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. 1 application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 1 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.2. It was moved by Alderman Butler, seconded by Alderman Robinson, to receive and File Amendment to the Wilson Neighborhood Plan. City Plan Commission Resolution #14-07. (10th District) On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS3. It was moved by Alderman Sinclair, seconded by Alderman Haugaard, to approve the following applications for new Operator's (Bartender) licenses, subject to:-25 demerit points:a. Jennifer Gonzalez b.Daniel J. Holm7c. Katie M. Musurlian (withdrawn)d. Stephen R. Valenza50 demerit points:e. Mildred A. NorkusA hearing was held. The applicants did not appear. On a voice vote, motion carried.4. It was moved by Alderman Casey, seconded by Alderman Sinclair, to approve application of Frank Mayweather for a Taxi Driver's license, subject to 35 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.5. It was moved by Alderman Casey, seconded by Alderman Sinclair, to approve application of Little Lunchboxes, LLC, Marlene Fredrick, Agent, for a Cabaret License located at 5917-39th Ave, (My Sisters Catering and Cafe), with no adverse recommendations. (11th District) A hearing was held. The applicant did not appear. On a voice vote, motion carried.

ORDINANCES 1ST READING

1



It was moved by Alderman Casey, seconded by Alderman Ruffolo, to send the following ordinances on their way after being read.6. By the Mayor – To Amend Section 16.02 B. by Deleting Therefrom the Definition of the Term “Parkway'; To Repeal and Recreate the First Paragraph of Section 16.17 Entitled “Exterior Premises”; And, to Repeal and Recreate Section 16.251 Entitled “Reinspection Fees”. 7.By the Mayor to Repeal and Recreate Section 5.11 F. Entitled “Emergency Enforcement”, to Include an Administrative Fee for the Processing and Administering of a Special Assessment Levied Against the Abutting or Fronting Property.On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Casey, seconded by Alderman Ruffolo, to send the following ordinances on their way:8. By the Mayor – To Rezone Property Located at the Northwest Corner of 71st Street and 122nd Avenue from A-2 Agricultural Land Holding to B-2 Community Business District (17th District) [Gateway Center, LLC] On a voice vote, motion carried.

ORDINANCES 2ND READING9. It was moved by Alderman Ruffolo, seconded by Alderman Frederick, to adopt Ordinance 66-07. A public hearing was held. No one spoke for or against said ordinance.On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


TO CREATE SECTION 1.06 I. OF THE CODE OF GENERAL ORDINANCES, ENTITLED BOARD OF ABSENTEE BALLOT CANVASSERS″; AND, TO CREATE SECTION 1.121 OF‶

THE CODE OF GENERAL ORDINANCES, ENTITLED ABSENTEE BALLOTS″‶The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 1.06 I. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is hereby created as follows: I. Board of Absentee Ballot Canvassers. Pursuant to Sections 7.52 and 7.53(2m), Wisconsin Statutes, there is hereby created a Board of Absentee Ballot Canvassers″. 1. Purpose. The purpose of the‶ Board of Absentee Ballot Canvassers is to canvass all absentee ballots at all elections held within the City of Kenosha.2. Members. The Board of Absentee Ballot Canvassers shall consist of the City Clerk/Treasurer, or his/her designee, and two (2) other qualified electors of the City appointed by the City Clerk/Treasurer. The City Clerk/Treasurer may appoint additional inspectors to assist the Board in canvassing absentee ballots, pursuant to Section 7.30(2)(a), Wisconsin Statutes. The City Clerk/Treasurer shall provide at least forty-eight (48) hours prior notice of any meeting to be held pursuant to this Ordinance. 3. Term. The term of members shall be for a period of two (2) years, commencing on January 1 of each odd-numbered year. Section Two: Section 1.121 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is hereby created as follows: 1.121 ABSENTEE BALLOTS The City of Kenosha, Wisconsin declares that in lieu of canvassing absentee ballots at polling places pursuant to Section 6.88, Wisconsin Statutes, the Board of Absentee Ballot Canvassers shall canvass all absentee ballots of all elections held in the City. No later than the closing hour of the polls, the City Clerk/Treasurer shall post at his/her office, and on the City of Kenosha Internet site before the polls open, a statement of the number of absentee ballots that the City Clerk has mailed or transmitted to electors and that have been returned by the closing hour on election day. The City Clerk/Treasurer shall make available to any person upon their request a copy of said statement.Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:

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JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: November 19, 2007PUBLISHED: November 30, 200710. It was moved by Alderman Casey, seconded by Alderman Downing, to adopt Ordinance 67-07. A public hearing was held. One person spoke regarding said ordinance.On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Cooperative Plan, Parcel Nos. 80-4-222-193-0305;80-4-222-193-0300; 80-4-222-302-0100; 80-4-222-302-0210; 80-4-222-303-0100; 80-4-222-303-0200; 80-4-222-303-0225;

80-4-222-303-0250; and, 80-4-222-303-0275, Town of Somers[VK Somers, L.L.C. - Property Owners]


Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of zero (0), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after November 24, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes.Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 70th Ward of the 16th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and November 24, 2007, as provided by law.

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Maps are available for viewing the Office of the City Clerk. APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: November 19, 2007PUBLISHED: November 30, 2007

ZONING ORDINANCES2ND READING

11. It was moved by Alderman Casey, seconded by Alderman Ruffolo, to adopt Ordinance 68-07. A public hearing was held. No one spoke for or against said ordinance.On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT 6603 – 26TH AVENUE FROM RG-1 GENERAL RESIDENTIAL TO IP INSTITUTIONAL PARK [Bruno]

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown on the attached Supplement Map No. Z25-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two: The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 18th day of October, 2007, as required in Section 10.02 A. of the Zoning Ordinance. Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.

Maps are available for viewing in the Office of the City Clerk.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: November 19, 2007PUBLISHED: November 30, 2007

RESOLUTIONS12. It was moved by Alderman Ruef, seconded by Alderman Sinclair, to adopt Resolution 157-07.12.1 It was then moved by Alderman Casey, seconded by Alderman Frederick to amend by separating the Neighborhood Improvement Fund and the City Housing Repair Program and the Boys and Girls Club funding from the plan/program. On a voice vote, motion carried.

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12.2 It was then moved by Alderman Butler, seconded by Alderman Haugaard to include approval of the Housing and Neighborhood Improvement Fund in the resolution. On roll call vote, motion to approve carried (12-3) with Aldermen Casey, Misner and Downing voting nay.12.3 It was moved by Alderman Marks, seconded by Alderman Ruffolo to allow Alderman Pitts to abstain from voting on the Boys and Girls Club portion of the resolution. On a voice vote, motion carried.12.4 It was moved by Alderman Casey, seconded by Alderman Frederick to include approval of the Boys and Girls Club in the resolution. On roll call vote, motion carried (14-0) with Alderman Pitts abstaining. On roll call vote, motion to approve the resolution carried (15-0) and said resolution was thereupon adopted as follows:

RESOLUTION NO. 157 - 07BY: THE COMMITTEE ON FINANCE

RESOLUTION TO APPROVE THE 2008 CONSOLIDATED PLAN - ANNUAL PLANWHEREAS, the City of Kenosha receives CDBG funds under the Housing and Community Development Act of 1974, as amended; and HOME funds under the HOME Investment Partnership Program of 1991 as amended; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City to develop a document designed as its Consolidated Plan; and WHEREAS, for the purpose of the CDBG Program, public hearings were held before the CDBG Committee on July 10, September 25, October 2 and October 9, 2007; the City Plan Commission on July 19 and November 8, 2007; the Finance Committee on August 20 and November 19, 2007; and the Common Council on August 20, and November 19, 2007 to consider proposed projects and obtain citizen views and comments on housing and community development needs; and WHEREAS, for the purpose of the HOME Program, public hearings were held before the Finance Committee on November 19, 2007 and the Common Council on November 19, 2007 to consider the 2008 program description and obtain citizen views and comments on housing needs; and WHEREAS, the 2008 CDBG Entitlement Grant to be received from HUD for the City is estimated to be $1,084,121 and project allocations are based on this amount; and WHEREAS, if the actual 2008 CDBG Entitlement Grant is less than $1,084,121, program allocations will be adjusted in proportion to each project allocation; and WHEREAS, if the actual 2008 CDBG Entitlement Grant is more than $1,084,121, funds will be used in accordance with the 2008 Fund Allocation Plan approved by the Common Council on August 20, 2007, Item #31 and WHEREAS, the 2008 HOME Entitlement Grant to be received from HUD for the City is estimated to be $496,106 and proposed allocations are based on this amount; and WHEREAS, if the actual 2008 HOME Entitlement Grant is more or less than $496,106, the program allocation will be adjusted in proportion to each activity allocation approved in the 2008 Program Description. NOW, THEREFORE, BE IT RESOLVED by the Common Council, that the 2008 Consolidated Plan - Annual Plan is approved; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized to submit all necessary and required documents to the U.S. Department of Housing and Urban Development, and execute all documents relative thereto.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK13. It was moved by Alderman Ruef, seconded by Alderman Ruffolo to adopt Resolutions 158-07 and 159-07 (items 13 and 14). On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


RESOLUTION TO AUTHORIZE THE SUBMITTAL OF A STATE GRANT APPLICATION BY THE CITY OF KENOSHA AND THE SUBSEQUENT APPROPRIATION OF CITY OF

KENOSHA FUNDS FOR A BROWNFIELD SITE ASSESSMENT GRANT RESPECTING THE FORMER CROW PROPERTIES,

4710 47th AVENUE, PARCEL #80-4-222-352-0340-0, 4722 47th AVENUE, PARCELS #80-4-222-

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352-0381-0 and #80-4-222-352-0361-0 AND THE POLTROCK PROPERTY,1326 35th STREET, PARCEL #11-223-30-205-012.

WHEREAS, the City of Kenosha, Wisconsin, recognizes that the remediation and redevelopment of a brownfield site is an important part of protection of Wisconsin's resources; and, hereby designates Ronald Bursek, Director of Public Works, to submit a Round 8 application for grant funds to benefit 4710 47th Avenue, 4722 47th Avenue and 1326 35th Street; and, WHEREAS, in this action, the Common Council of the City of Kenosha, Wisconsin, has declared its intent to complete Brownfield Site Assessment Grant activities described in the application if awarded funds; and,WHEREAS, the City of Kenosha will maintain appropriate records during the Brownfield Site Assessment Grant period; and,WHEREAS, the City of Kenosha will allow employees from the Department of Natural Resources access to inspect the grant site or facility and grant records; and,WHEREAS, the City of Kenosha, through the Director of Public Works, will submit a final report to the Department which will accompany the final payment request. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that it requests funds and assistance available from the Wisconsin Department of Natural Resources under the Brownfield Site Assessment Grant Program for the remediation and redevelopment of property located at 4710 47th Avenue, Parcel #80-4-222-352-0340-0; 4722 47th Avenue, Parcels #80-4-222-352-0381-0 and #80-4-222-352-0361-0; and 1326 35th Street, Parcel #11-223-30-205-012, and will comply with State rules for the program; and, BE IT FURTHER RESOLVED, that the Common Council of the City of Kenosha, Wisconsin, authorizes Ronald Bursek, Director of Public Works, with the assistance of The Environmental Management Company, LLC (TEMCO), to act on the behalf of the City of Kenosha to submit an application to the State of Wisconsin for financial aid for Brownfield Site Assessment Grant purposes, sign documents, and take necessary action to undertake, direct, and complete approved grant activities. Adopted this 19th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO APPROVE A THREE-LOT CERTIFIED SURVEY MAPProperty located at 4700 38th Avenue (BLM Properties, LLC)

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map relating to three parcels located at 4700 38th Avenue is herein and hereby approved subject to the following conditions: 1.Compliance with all applicable State and City codes and ordinances. 2.Payment of all applicable fees, including recording fees and park impact fees. 3.Payment of all taxes and special assessments prior to recording. The Owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided. 4.Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map.5.The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 6.The note on Page 1 of the Certified Survey Map shall refer to both Lots 1 and 2, not just Lot 2. 7.The first floor elevation of the existing brick dwelling on Lot 3 shall be shown. 8.Sanitary sewer and water may not cross one lot to service another lot. Adopted this 19th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK15. It was moved by Alderman Ruef, seconded by Alderman Haugaard to adopt Resolution 160-07. The

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council agreed to allow Alderman Pitts to abstain from voting. On roll call vote, motion carried (12-2) with Aldermen Casey and Polzin voting nay, and Alderman Pitts abstaining and said resolution was thereupon adopted as follows:

RESOLUTION NO. 160 - 07BY: THE MAYOR

TO ADOPT A PROJECT PLAN AMENDMENT FOR TAX INCREMENTALDISTRICT NUMBER FOUR, CITY OF KENOSHA, WISCONSIN,

UNDER SECTION 66.1105(4)(h)1., WISCONSIN STATUTES WHEREAS, Section 66.1105 of the Wisconsin Statutes, provides the authority and procedures for amending a project plan for a tax incremental district; and, WHEREAS, the City Plan Commission, on November 19, 2007, at a duly authorized, noticed and convened meeting under Section 66.1105(4)(h)1., Wisconsin Statutes, held a public hearing which afforded interested parties a reasonable opportunity to express their views on the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin; and WHEREAS, the Project Plan Amendment involves transferring $5,000,000 from the Public Facilities Loan Program to a newly created Development Grant Program and adding $1,000,000 for curb, gutter and related street improvements, as described in and attached hereto as Exhibit “A”; and, WHEREAS, at said meeting, the City Plan Commission, under Section 66.1105(4)(h)1., Wisconsin Statutes found the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin, to be feasible and in conformity with the Master Plan of the City of Kenosha, Wisconsin, adopted the Project Plan Amendment, and favorably recommended that the Common Council of the City of Kenosha adopt the Project Plan Amendment. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that it: 1.Finds the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin, to be feasible and in conformity with the Master Plan of the City; and, 2.Deems the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin, to be in the public interest and for a proper public purpose; and, 3.Finds that the improvement of such area is likely to enhance significantly the value of substantially all of the other real property in the District; and 4.Finds that the project costs relate directly to eliminating “blight” within the District consistent with the purpose for which the Tax Incremental District was created; and, 5.Finds that the equalized value of taxable property of the District, plus the value increment of all existing tax increment districts does not exceed twelve percent (12%) of the total equalized value of taxable property within the City of Kenosha, Wisconsin. BE IT FURTHER RESOLVED, that the Common Council of the City of Kenosha, Wisconsin, adopts the Project Plan Amendment for Tax Incremental District Number Four (4), City of Kenosha, Wisconsin, as recommended by the City Plan Commission and as described in and attached hereto as Exhibit “A” (on file in the Office of the City Clerk). Adopted this 19th day of November, 2007. Maps are available for viewing in the Office of the City Clerk.

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APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKIt was moved by Alderman Casey, seconded by Alderman Ruffolo to adopt Resolutions 161-07 through 163-07 (items 16-18) On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:16. RESOLUTION # 161 - 07

BY: The MayorResolution to Approve a New Labor Agreement or 2007 - 2009 Between the City of Kenosha and

AFSCME, LOCAL #71WHEREAS, a voluntary tentative settlement agreement has been reached between the City of Kenosha and AFSCME, LOCAL #71 for 2007-2009 and; WHEREAS, the Union has notified the City that their membership has ratified this tentative settlement agreement; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the existing Agreement with AFSCME, LOCAL #71 be amended in accordance with the tentative agreements as attached (on file in the Office of the City Clerk) effective January 1, 2007. Dated this 19th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK17. RESOLUTION # 162 - 07

BY: The MayorResolution to Approve a New Labor Agreement for 2007 - 2009 Between the City of Kenosha and

the Kenosha Professional Police AssociationWHEREAS, a voluntary tentative settlement agreement has been reached between the City of Kenosha and the Kenosha Professional Police Association for 2007-2009 and; WHEREAS, the Association has notified the City that their membership has ratified this tentative settlement agreement; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin that the

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existing Agreement with the Kenosha Professional Police Association be amended in accordance with the tentative agreements in attached Appendix A (on file in the Office of the City Clerk) effective January 1, 2007. Dated this 19th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK18. RESOLUTION No. 163 - 07

BY: The MayorResolution to Amend Resolution 59-81 Specifying Benefits and Rights of

Non-Represented Sworn Employees of the Police DepartmentWHEREAS, it is in the best interest of the City that the non-represented sworn employees of the Police Department receive employee benefits comparable to other non-represented employees and subordinate sworn protective service employees; and WHEREAS, a successor labor agreement between the City of Kenosha and Kenosha Police Professional Association has been ratified by the Finance Committee and Common Council. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin that Resolution 59-81 which specifies benefits and rights of non-represented sworn employees of the Police Department be and hereby is amended in accordance with the attached changes outlined in Exhibit A (on file in the Office of the City Clerk). Dated this 19th day of November, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


It was moved by Alderman Casey, seconded by Alderman Ruffolo, to approve:19. Appointment of Jazzmyne Washington to the Mayor's Youth Commission for term to expire November 1, 2008.20. Reappointment of the following commissioners to the Kenosha Lakeshore Business Improvement District Board of Directors for terms to expire November 18, 2010:a. Frank Carmichaelb. Christine Schwartz21. Appointment of Steve Haught to the Kenosha Lakeshore Business Improvement District Board of Directors for a term to expire November 18, 2009.22. Appointment of Jody McCarron to the Kenosha Lakeshore Business Improvement District Board of Directors for a term to expire November 18, 2010. On roll call vote, motion carried unanimously.

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Casey, seconded by Alderman Ruffolo, to approve:23. Animal Control Agreement between the City of Kenosha and Robert W. Melby, Jr. (Clawz and Pawz Animal Rescue and Control) for the Period of January 1, 2008 through December 31, 2009. 24. Approval of Bike Path Easement from WE Energies to the City of Kenosha. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE It was moved by Casey, seconded by Ruffolo, to:25. Deny request from Phyllis Baker, Property Owner, to Rescind Reinspection Fee Special Assessment Levied by Resolution No. 105-07 in the Total Amount of $1,380.00 (Against Parcel No. 08-222-35-304-

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012, 4912 - 56th Street). 26. Approve Disbursement Record #20 – $4,797,856.39. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS27. It was moved by Alderman Casey, seconded by Alderman Ruffolo to approve Final Acceptance of Project #07-1019 Joint, Crack Cleaning & Sealing which has been completed by Behm Pavement Maintenance, (Crystal Lake, Illinois) in the amount of $131,000.00. (All Districts) On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Ruef, seconded by Alderman Downing, to adjourn at 8:04 p.m. On a voice vote, motion carried.


MAYOR


DEPUTY CITY CLERK

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Monday, December 3, 2007, Tuesday, December 4, 2007 and Wednesday, December 5, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk


CHAMBERS ROOM 200Monday, December 3, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:00 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Spair, Robinson, Marks, Ruef, Frederick, Casey, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Alderman Butler came during the discussion of Item 19. The invocation was given by Alderman Haugaard. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. It was moved by Alderman Sinclair, seconded by Alderman Spair, to approve the minutes of the meeting held November 19, 2007. Motion carried unanimously. No one spoke during Citizen's Comments.

TO THE COMMITTEE ON FINANCE1. To Create Section 5.047, Entitled Permits for Artificial Structures in the Right-of-Way . (Also refer to Public Works″ and Public Safety & Welfare Committees)2. To Create Section 9.201, Entitled Aboveground Utility Structure . (Also refer to Public Works and Public Safety &″ Welfare Committees)3. To Create Section 15.101, Entitled Signs on Aboveground Utility Structures in or Adjacent to the Public Right-of-Way . (Also refer to Public Works and Public Safety & Welfare Committees)″

TO THE CITY PLAN COMMISSION 4. Request for a Distance and Density Exception for a 74-bed CBRF to be located at 6220 67th Street, Aldermanic District #17. (Community Retirement Living)5. To Amend the Official Map for the City of Kenosha, Wisconsin, to include the Attachment of Parcels #80-4-222-352-0520; #80-4-222-352-0530; #80-4-222-352-0540; and #80-4-222-352-0550, in the Town of Somers, Kenosha County, Wisconsin, in Accordance with the Approved City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307 of the Wisconsin Statues [City of Kenosha/Detention Basin -Property Owners]6. To Amend the Official Map for the City of Kenosha, Wisconsin, to Include the Attachment of Parcel #80-4-222-344-0210, also known as 6106 60th Street, in the Town of Somers, Kenosha County, Wisconsin, in Accordance with the Approved City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307 of the Wisconsin Statutes [City of Kenosha, Nash Park - Property Owners]7. To Create, Repeal and Recreate and Amend Various Sections of the Zoning Ordinance regarding “Aboveground Utility Structures”.8. Petition to rezone property at the southwest corner of 52nd Street and 104th Avenue from A-2 Agricultural Land Holding to M-2 Heavy Manufacturing District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #16. (Melchiorre)9. Petition to rezone property at 12304 75th Street from A-2 Agricultural Land Holding to B-2 Community Business District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #17. (Rasmussen)10. Petition to rezone property at 5920 37th Avenue from RG-1 General Residential District to B-2 Community Business District in conformance with Section 10.02 of the Zoning Ordinance, Aldermanic District #11. (McMiller)


OF DEPARTMENTS11. It was moved by Alderman Misner, seconded by Alderman Haugaard, to approve:a. 11 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.

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b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. 1 application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. 2 applications for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.12. It was moved by Alderman Casey, seconded by Alderman Robinson, to receive and file communication regarding appointment of election officials for 2008 through 2010. On a voice vote, motion carried.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS13. It was moved by Alderman Casey, seconded by Alderman Haugaard, to approve the following applications for new Operator's (Bartender) licenses, subject to:-50 demerit points:a. Mohammad I Qandil-75 demerit points:b. Lindsay C MarksA hearing was held. The applicants did not appear. On a voice vote, motion carried.14. It was moved by Alderman Haugaard, seconded by Alderman Ruffolo, to DENY applications for new Operator's (Bartender) licenses, based on:-material police record & false application:a. Andrea L Feimsterb. Kimberly A Fisherc. Amanda L RauschKimberly A Fisher (14b) withdrew.A hearing was held. The applicants did not appear. On a voice vote, motion carried. 15. It was moved by Alderman Haugaard, seconded by Alderman Robinson, to approve application of Billy J Sexton for a Taxi Driver's license, subject to 20 demerit points. hearing was held. The applicant did not appear. On a voice vote, motion carried.16. It was moved by Alderman Casey, seconded by Alderman Downing, to approve application of The Game Station of Kenosha, Inc. for an Amusement & Recreation Enterprise License located at 2304-18th St, (The Game Station), with no adverse recommendations. A hearing was held. The applicant did not appear. On a voice vote, motion carried.17. It was moved by Alderman Casey, seconded by Alderman Haugaard, to approve application of Greg Laferney for an Amusement & Recreation Enterprise Supervisor License to be used at The Game Station of Kenosha, Inc. located at 2304-18th St, (The Game Station), with no adverse recommendations. A hearing was held. The applicant did not appear. On a voice vote, motion carried.18. It was moved by Alderman Casey, seconded by Alderman Frederick, to approve application of SBV Corporation, Steve Vassilopoulos, Agent, for a Class “B” Beer & “Class B” Liquor License located at 5800-6th Ave, (Olive Tree Restaurant). A hearing was held. Vasilious Vassilopoulos was present to answer questions. On a roll call vote, motion carried (10-6) with Aldermen Downing, Ruffolo, Robinson, Marks, Ruef, and Polzin, Jr. voting no.19. It was moved by Alderman Casey, seconded by Alderman Frederick, to approve application of GKLS, LLC, John Schroeder, Agent, for a Class “B” Beer/”Class B” Liquor Combination license located at 510-57th Street, (Kaisers Pizza & Pub). A hearing was held. Ed Morgan spoke. Alderman Butler arrived during the discussion. On a voice vote, motion carried.

ORDINANCES 1st READING

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It was moved by Alderman Casey, seconded by Alderman Downing, to send the following ordinances on their way after being read:20.By the Mayor - To Create Section 5.047, Entitled Permits for Artificial Structures in the Right-of-Way . ″21. By the Mayor - To Create Section 9.201, Entitled Aboveground Utility Structure . ″22.By the Mayor - To Create Section 15.101, Entitled Signs on Aboveground Utility Structures in or Adjacent to the Public Right-of-Way . ″23.By the Mayor – Attachment and Temporary Zoning District Classification Ordinance (Under Section 66.0307, Wisconsin Statutes), City of Kenosha/Town of Somers State Approved Cooperative Plan. (Parcel #80-4-222-352-0520; 80-4-222-352-0530; 80-4-222-352-0540; and 80-4-222-352-0550, Town of Somers) [City of Kenosha – Property Owners]24.By the Mayor – Attachment and Temporary Zoning District Classification Ordinance (Under Section 66.0307, Wisconsin Statutes), City of Kenosha/Town of Somers State Approved Cooperative Plan. (Parcel #80-4-222-344-0210, 106 -60th Street, Town of Somers) [City of Kenosha, Nash Park – Property Owners]25.By the Mayor – To Repeal and Recreate Section 5.045 A, Entitled “Permit Required”. On a voice vote, motion carried.

ZONING ORDINANCE 1st READING26. It was moved by Alderman Casey, seconded by Alderman Robinson, to send the following ordinance on it's way after being read: By the Mayor – To Create, Repeal and Recreate, and Amend Various Sections of the Zoning Ordinance Regarding “Aboveground Utility Structures”. On a voice vote, motion carried.

ORDINANCES 2ND READING27. It was moved by Alderman Casey, seconded by Alderman Robinson, to adopt Ordinance 69- 07. A public hearing was held. Louis Rugani spoke. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 69 - 07BY: THE MAYOR

TO AMEND SECTION 16.02 B. OF THE CODE OF GENERAL ORDINANCES BY DELETING THEREFROM THE DEFINITION OF THE TERM “PARKWAY″; TO REPEAL AND RECREATE THE FIRST

PARAGRAPH OF SECTION 16.17 OF THE CODE OF GENERAL ORDINANCES, ENTITLED “EXTERIOR PREMISES″; AND, TO REPEAL AND RECREATE SECTION 16.251 OF THE CODE OF GENERAL

ORDINANCES, ENTITLED “REINSPECTION FEES″The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 16.02 B. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is hereby amended by deleting the definition of the term “PARKWAY″ therefrom. Section Two: The First Paragraph of Section 16.17 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows: All exterior premises, including the abutting right-of-ways, lawn park areas, curbs and gutters, shall be maintained by the responsible person or tenant, where relevant, in accordance with this Section. Section Three: Section 16.251 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows: 16.251 REINSPECTION FEES To compensate the City for inspection and administrative costs related to the enforcement of this Chapter, an escalating fee established by the Common Council through Resolution, may be charged for any reinspection following the initial inspection which resulted in an order for corrective action, and the first reinspection to determine compliance with an order for corrective action issued hereunder. There shall be no reinspection fee for a final inspection indicating compliance, or for a reinspection occurring during the period of an approved time extension granted for good cause and involving a good faith effort on the part of the property owner to comply with the order. Reinspection fees which are not paid by or on behalf of the property owner within thirty (30) days of mailing of an invoice to the property owner of record on the City tax roll shall be charged and collected as a special assessment against the real estate upon which the reinspections were made, and shall be a lien upon the real estate until paid in full, with interest accruing on the unpaid balance at the rate of seven (7%) percent per annum. There shall also be a One Hundred ($100.00) Dollar administrative charge added to the fee and special assessment to cover the

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administrative costs of charging and specially assessing the property. Section Four: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 3, 2007PUBLISHED: December 7, 200728. It was moved by Alderman Casey, seconded by Alderman Robinson, to adopt Ordinance 70 – 07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:

ORDINANCE NO. 70 - 07BY: THE MAYOR

TO REPEAL AND RECREATE SECTION 5.11 F. OF THE CODE OF GENERAL ORDINANCES, ENTITLED “EMERGENCY ENFORCEMENT″, TO INCLUDE AN ADMINISTRATIVE FEE FOR THE PROCESSING

AND ADMINISTERING OF A SPECIAL ASSESSMENT LEVIED AGAINST THE ABUTTING OR FRONTING PROPERTY

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 5.11 F. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows: F. Emergency Enforcement. In addition to the penalties herein prescribed, the Director of Public Works, or his designee, shall be authorized to do, or have done, such acts as are necessary to bring the abutting or fronting sidewalk and or alley in compliance with this Ordinance. Once each calendar year, the City Department of Public Works shall publish a legal notice in the official City newspaper advising responsible parties of their duties hereunder and of the penalties for noncompliance with this Ordinance and the remedial powers of the Department of Public Works. Prior to the Department of Public Works doing or authorizing any work to be done at the cost and expense of the responsible party, an attempt shall be made to notify the responsible party by written notice, served personally or by mail. Said Director, or designee, shall keep an itemized record of expenses incurred and submit said itemization to the responsible party for payment within thirty (30) days of the date of service thereof, not including the date of service. If such charge is not paid when due, the Director, or designee, is authorized to pay said bill, if the services were not performed by City employees. Said Director, or designee, is further directed to collect the unpaid portion of said invoice as a special charge against the abutting or fronting property. A Seventy ($70.00) Dollar Administrative Fee for processing and administering the special assessment shall be added to the special assessment against the abutting or fronting property.Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 3, 2007PUBLISHED: December 7, 2007

ZONING ORDINANCES 2ND READING29. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Ordinance 71-07. A public hearing was held. Cecelia Lucas spoke. On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Zoning: TO REZONE PROPERTY LOCATED AT THE NORTHWEST CORNER OF 71ST STREET AND 122ND AVENUE FROM A-2 AGRICULTURAL LAND HOLDING TO B-2 COMMUNITY BUSINESS

DISTRICT [Gateway Center, LLC]The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: That the land shown

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on the attached Supplement Map No. Z26-07 be, and the same hereby is, zoned and districted as indicated on said map. Section Two:The development of the property shall be consistent with the conceptual development plan for the property being rezoned, submitted by the property owner/developer on the 8th day of November, 2007, as required in Section 10.02 A. of the Zoning Ordinance. Section Three: This Ordinance shall be in full force and effect upon passage and the day after its publication.

Maps are available for viewing in the Office of the City Clerk. APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 3, 2007PUBLISHED: December 7, 2007

RESOLUTIONS30. It was moved by Alderman Casey, seconded by Alderman Ruffolo, to adopt Resolutions 164-07 and 165-07 (items 30 and 31). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:

RESOLUTION NO. 164-07To Place Special Assessments against Benefited Parcels of PropertyOn the 2007 Real Estate Tax Roll for Delinquent Storm Water Bills

In the Amount of $75,170.64BE IT RESOLVED that assessments in the amount of $75,170.64 be levied against benefited parcels of property as shown by the report on file in the office of the City Clerk of the City of Kenosha for the year 2007. Adopted this 3rd day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

31. RESOLUTION NO. 165 - 07

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BY: THE PUBLIC WORKS COMMITTEETO APPROVE A FOUR-LOT CERTIFIED SURVEY MAP

Property at the northwest corner of 71st Street and 122nd Avenue (Gateway Center, LLC)BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that a Certified Survey Map for property located at the northwest corner of 71st Street and 122nd Avenue is herein and hereby approved subject to the following conditions: 1. Compliance with all applicable State and City codes and ordinances. 2. Payment of all applicable fees, including recording fees. 3. Payment of all taxes and special assessments prior to recording. The owner shall provide the City Clerk-Treasurer, a certificate from the County Treasurer, stating that there are no past-due real estate taxes or special assessments on the parcel of real estate which is being divided. 4. The Certified Survey Map shall be null and void if not recorded within six (6) months of approval by the Common Council. 5. Compliance with all the preceding conditions as a prerequisite for authorizing Mayor and City Clerk-Treasurer to sign the Certified Survey Map. 6. A note shall be placed on the Certified Survey Map that says: “The owner of Lots 1,3 and 4 shall be responsible for the maintenance and payment of all taxes for a Lot 2.” 7. The chord for bearing C12 shall be listed as N66° 27'55" E 114.81 in accordance with the Lot Line Adjustment Survey recorded on November 3, 2006 as Document Number 1500247. Curves C13 and C14 shall be adjusted accordingly. 8. The existing location and elevation of the water tower on Lot 2 shall be shown. 9. Indicate the exact length and bearing of the centerline of all streets. 10. A note shall be placed on the Certified Survey Map that states, “No development shall occur on the site until a drainage plan is reviewed and approved by the City.” 11. 67th Street, located north of the Certified Survey Map, from the west frontage road to the west property line, shall be dedicated prior to the issuance of a Conditional Use Permit for buildings on any Lot in the Certified Survey Map. Adopted this 3rd day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK32. It was moved by Alderman Ruffolo, seconded by Alderman Frederick, to adopt Resolution 166-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


TO VACATE AN ALLEY LOCATED BETWEEN 33RD AVENUE AND 34TH AVENUE NORTH OF 67TH STREET, PURSUANT TO SECTION 66.1003(4),WISCONSIN STATUTES [ Baratta/Frederick ]

WHEREAS, the public interest requires the vacation of an alley located between 33rd Avenue and 34th Avenue North of 67th Street. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Section 66.1003(4), Wisconsin Statutes, and by direct action of said Council, an alley, described in Exhibit "A", and legally described as follows: All of that certain twelve (12) feet in width public alley which lies north of 67th Street and south of 66th Street (now vacated), and between 33rd and 34th Avenues, in Fairview Park, Harry L. Goldbergs Addition, a subdivision of record in the Northwest Quarter of Section 1, Town 1 North, Range 22 East of the Fourth Principal Meridian, said alley to be vacated being described and bounded as follows: Bounded on the North by the extensions easterly and westerly of the north lines of Lots 179 and 195 of said subdivision; bounded on the East by the west line of Lots 170 thru 179 of said subdivision; bounded on the South by the north line of 67th Street and bounded on the West by the east lines of Lots 195 thru 204 of said subdivision; excepting that part previously vacated in City of Kenosha Common Council Ordinance No. 13 on June 16, 1952. be, and hereby is, vacated, subject to the following easements which are herein and hereby granted, or created by a reservation of rights. Any and all Utilities, including the City, furnishing gas, sewer, water, electric, telephone and related services, and any City Cable T.V. Franchise Holder, shall have reserved to them or are hereby and herein given and granted, the right, permission, and authority to inspect, repair and maintain their respective existing installation and Utilities in, above and under the above described parcel of property for as long as said installations and facilities are being operated and utilized by them. Said Utilities and Franchise Holder are also given and granted the right, permission and authority to improve and expand the scope of the above easements in, above and under the above described parcel of property, and thereafter to inspect, repair and maintain said new additional installations and facilities. Among the specific beneficiaries of this easement shall be the City of

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Kenosha, City of Kenosha Water Utility, S.B.C. (formerly Ameritech), Wisconsin Electric Power Company, and any holder of a City Cable T.V. Franchise. Easement holders shall, at all times, have reasonable access to their respective installations and facilities, and owners of said parcel of land vacated by this Resolution, shall not interfere with easement rights herein specified or entitled to compensation for anything placed by owners upon said vacated property which may have to be destroyed or removed by easement holders to effectively use their easements, although easement holders shall have the obligation to restore the turf to its original condition should it be destroyed or damaged through the exercise of easement rights. However, any easement holder may waive their rights hereunder and consent to the construction of a building or structure upon vacated property. IT IS FURTHER UNDERSTOOD that the area vacated will accrue to the abutting property owners according to law. BE IT FURTHER RESOLVED that the City Clerk shall record a certified copy of this Resolution in the Office of the Kenosha County Register of Deeds and forward a copy of same to all listed Utilities and the City Assessor's Office. BE IT FURTHER RESOLVED that upon recordation of this Resolution, the City of Kenosha Official Map, as initially established by Resolution No. 122-06, adopted on November 6, 2006, and as subsequently amended to the time of recordation of this Resolution, will hereby be amended to include the closing of existing streets, highways, and right-of-ways, which changes are established in this Resolution.Adopted this 3rd day of December, 2007.

Maps are available for viewing in the Office of the City Clerk.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK33. It was moved by Alderman Ruffolo, seconded by Alderman Robinson, to adopt Resolution 167-07. On roll call vote, motion carried (16-1) with Alderman Pacetti voting no and said resolution was thereupon adopted as follows:


TO VACATE A PORTION OF 51ST PLACE LOCATED EAST OF 4TH AVENUE PURSUANT TO SECTION 66.1003(4), WISCONSIN STATUTES [City of Kenosha/Moldenhauer ]

WHEREAS, the public interest requires the vacation of a portion of 51st Place located East of 4th Avenue. NOW,

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THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Section 66.1003(4), Wisconsin Statutes, and by direct action of said Council, an alley, described in Exhibit "A" and legally described as follows: Part of the 51st Place street right-of-way east of 4th Avenue, in Washington Island, (also known as Map of Washington Island), a subdivision of record in the Northwest Quarter of Section 32, Town 2 North, Range 23 East of the Fourth Principal Meridian, said part of 51st Place, (formerly known as Widman Street), to be vacated being further described as all that part of said street right-of-way lying east of the following described line: Commencing at the intersection of the westerly extension of the north line of 51st Place and the west line of said Quarter Section; thence North 88°04' 23" East along said north line, and its westerly extension, 290.04 feet to the southeast corner of the parcel of land described in a Quit Claim Deed recorded as Document 1186418 on June 30, 2000 with the Kenosha County Register of Deeds Office; thence continuing North 88°04'23" East along said north line, 10.00 (ten) feet to the point of beginning; thence South 1°55'37" East, 66.00 feet to the south line of said 51st Place and there terminating. be, and hereby is, vacated, subject to the following easements which are herein and hereby granted, or created by a reservation of rights. Any and all Utilities, including the City, furnishing gas, sewer, water, electric, telephone and related services, and any City Cable T.V. Franchise Holder, shall have reserved to them or are hereby and herein given and granted, the right, permission, and authority to inspect, repair and maintain their respective existing installation and Utilities in, above and under the above described parcel of property for as long as said installations and facilities are being operated and utilized by them. Said Utilities and Franchise Holder are also given and granted the right, permission and authority to improve and expand the scope of the above easements in, above and under the above described parcel of property, and thereafter to inspect, repair and maintain said new additional installations and facilities. Among the specific beneficiaries of this

easement shall be the City of Kenosha, City of Kenosha Water Utility, S.B.C. (formerly Ameritech), Wisconsin Electric Power Company, and any holder of a City Cable T.V. Franchise. Easement holders shall, at all times, have reasonable access to their respective installations and facilities, and owners of said parcel of land vacated by this Resolution, shall not interfere with easement rights herein specified or entitled to compensation for anything placed by owners upon said vacated property which may have to be destroyed or removed by easement holders to effectively use their easements, although easement holders shall have the obligation to restore the turf to its original condition should it be destroyed or damaged through the exercise of easement rights. However, any easement holder may waive their rights hereunder and consent to the construction of a building or structure upon vacated property. IT IS FURTHER UNDERSTOOD that the area vacated will accrue to the abutting property owners according to law. BE IT FURTHER RESOLVED that the Maps are available for viewing in the Office of the City Clerk.City Clerk shall record a certified copy of this Resolution in the Office of the Kenosha County Register of Deeds and forward a copy of same to all listed Utilities and the City Assessor's Office.

BE IT FURTHER RESOLVED that upon recordation of this Resolution, the City of Kenosha Official Map, as initially established by Resolution No. 122-06, adopted on November 6, 2006, and as subsequently amended to the time of recordation of this Resolution, will hereby be amended to include the

closing of existing streets, highways, and right-of-ways, which changes are established in this Resolution.Adopted this 3rd day of December, 2007.APPROVED:

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JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK34. It was moved by Alderman Ruef, seconded by Alderman Robinson, to adopt Resolution 168-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:

RESOLUTION NO. 168 - 07BY: PUBLIC WORKS COMMITTEE

TO ESTABLISH A SCHEDULE OF FEES FOR PUBLIC WORKS AND SERVICES UNDER CHAPTER V OF THE CODE OF GENERAL ORDINANCES

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the following schedule of fees for Public Works and Services under Chapter V of the Code of General Ordinances, is hereby adopted.

CITY OF KENOSHAPUBLIC WORKS DEPARTMENT

PERMIT FEES

STREET OPENING PERMIT/CURB AND GUTTER §5.04 A.3. $50

STREET PARTIES/CLOSURES §5.04 B.1. $45

DRIVEWAY APPROACH [Repairs/Widening] §5.085 B.3. $30

DRIVEWAY APPROACH [New] §5.085 B.3. $35

SIDEWALKS [New Per Lot/Not Requiring Line or Grade] §5.05 B.4. $30

SIDEWALKS [New/Requiring Line or Grade per Lot or Consecutive Lots]

§5.05 B.4. $45

SIDEWALKS [Repair or Mudjacking/100 S.F. or Less] §5.05 B.4. $20

SIDEWALKS [Repair or Mudjacking/More than 100 S.F.] §5.05 B.4. $30

SIDEWALK GRADE FOR BUILDING CONSTRUCTION §5.05 B.4. $50

PARKING FACILITY [License Fee] §5.08 B.2. $75

PARKWAY WALKS [100 S.F. or Less] §5.05 B.4. $15

PARKWAY WALKS [More than 100 S.F.] §5.05 B.4. $20

NEWSPAPER VENDING MACHINES §5.045 A. $40Adopted this 3rd day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 3, 2007PUBLISHED: December 7, 200735. It was moved by Alderman Ruffolo, seconded by Alderman Pacetti, to adopt Resolution 169-07. On roll call vote, motion carried (16-1) with Alderman Casey voting no and said resolution was thereupon adopted as follows:

RESOLUTION NO. 169-07BY: STORMWATER UTILITY COMMISSION

TO ESTABLISH A SCHEDULE OF FEES FOR THE STORMWATER UTILITY UNDER CHAPTER VIII OF THE CODE OF GENERAL ORDINANCES

BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the following schedule of fees for the Stormwater Utility and Services under Chapter VIII of the Code of General Ordinances, is hereby adopted.

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CITY OF KENOSH STORMWATER UTILITY FEES

ADJUSTMENT APPLICATION FEE §8.07 B. 1. $25

CREDIT APPLICATION FEE §8.08 A. 3. $100

APPEAL APPLICATION FEE §8.09 A. $25Adopted this 3rd day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 3, 200736. It was moved by Alderman Pacetti, seconded by Alderman Sinclair, to adopt Resolution 170-07. On roll call vote, motion carried unanimously. 36.a It was moved by Alderman Pacetti, seconded by Alderman Ruffolo, to allow Alderman Pitts to abstain. On a voice vote, motion carried. On roll call vote, motion carried (13-3-1) with Alderman Casey, Downing, and Polzin, Jr. voting nay and Alderman Pitts abstaining and said resolution was thereupon adopted as follows:


RESOLUTION AUTHORIZING THE ISSUANCE AND SALEOF $5,119,891.40 GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2007B

WHEREAS the City of Kenosha, Kenosha County, Wisconsin (sometimes hereinafter called the "City") is presently in need of the sum of Five Million One Hundred Nineteen Thousand Eight Hundred Ninety-One and 40/100 Dollars ($5,119,891.40) for the public purpose of paying costs of a Development Grant Program included in the amended project plan for Tax Incremental District No. 4; and WHEREAS the Common Council deems it necessary and in the best interest of the City that the monies needed for such purpose be borrowed by issuing general obligation promissory notes pursuant to the provisions of Section 67.12(12), Wis. Stats., upon the terms and conditions hereinafter provided;NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Kenosha County, Wisconsin, that: Section 1. Sale of Notes. The City shall sell and deliver its $5,119,891.40 General Obligation Promissory Notes, Series 2007B (the "Notes"), issued for the purpose above stated, to Piper Jaffray & Co. (the "Purchaser") for the purchase price set forth in the Note Purchase Agreement attached hereto as Exhibit A (on file in office of the City Clerk) and incorporated herein by this reference (the "Proposal"). The Proposal is hereby approved, and the appropriate City officials are hereby authorized and directed to execute the same. Section 2. The Notes. The Mayor and City Clerk shall make, execute and deliver the Notes to the Purchaser, for and on behalf of the City. The Notes shall be negotiable, general obligation promissory notes of the City, registered as to both principal and interest. The Notes shall be issued as capital appreciation notes, and shall be issuable in denominations not exceeding the principal amount of the maturity covered thereby, such that the accreted value thereof at the stated maturity date shall be Five Thousand Dollars ($5,000) or a whole multiple thereof. The Notes shall be numbered from R-1 upward and dated December 19, 2007.The Notes will be issued in the original principal amounts set forth in the Proposal and on Exhibit B attached hereto (on file in the office of the City Clerk) and incorporated herein by this reference and will mature on September 1 of each of the years in the maturity amounts set forth in the Proposal and on Exhibit B (on file in the office of the City Clerk). Interest on the Notes will accrue from their date of issue and compound semi-annually on March 1 and September 1 of each year commencing March 1, 2008 until maturity at the rates per annum which will provide the respective yields to maturity set forth in the column headed "Coupon" on Exhibit B (on file in the office of the City Clerk).The Notes shall not be subject to optional redemption. Section 3. Form of Notes. The Notes shall be in substantially the form attached hereto as Exhibit C (on file in the office of the City Clerk) and incorporated herein by this reference. Section 4. Tax Provisions. (A) Direct, Annual Irrepealable Tax. For the purpose of paying the principal of and interest on the Notes as the same become due, the full faith, credit and resources of the City are hereby irrevocably pledged and there be and there hereby is levied on all the taxable property in the City a direct, annual, irrepealable tax in the years

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2014 through 2016 for payment of principal of and interest on the Notes in the years 2015 through 2017 in the amounts set forth on Exhibit B (on file in the office of the City Clerk). (B) Tax Collection. The City shall be and continue without power to repeal such levy or obstruct the collection of said tax until all such payments have been made or provided for. After the issuance of the Notes, said tax shall be, from year to year, carried into the tax rolls of the City and collected as other taxes are collected, provided that the amount of tax carried into said tax rolls may be reduced in any year by the amount of any surplus money in the Debt Service Account created in Section 5(A) hereof. (C) Additional Funds. If at any time there shall be on hand insufficient funds from the aforesaid tax levy to meet principal and/or interest payments on said Notes when due, the requisite amounts shall be paid from other funds of the City then available, which sums shall be replaced upon the collection of the taxes herein levied. Section 5. Debt Service Fund and Account. (A) Creation and Deposits. There be and there hereby is established in the treasury of the City, if one has not already been created, a debt service fund, separate and distinct from every other fund, which shall be maintained in accordance with generally accepted accounting principles. Sinking funds established for obligations previously issued by the City may be considered as separate and distinct accounts within the debt service fund. Within the debt service fund, there be and there hereby is established a separate and distinct account designated as the "Debt Service Account for 'General Obligation Promissory Notes, Series 2007B,' dated December 19, 2007" (the "Debt Service Account") and such account shall be maintained until the indebtedness evidenced by the Notes is fully paid or otherwise extinguished. The City Treasurer shall deposit in such Debt Service Account (i) all accrued interest received by the City at the time of delivery of and payment for the Notes; (ii) the taxes herein levied for the specific purpose of meeting principal of and interest on the Notes when due; (iii) such other sums as may be necessary at any time to pay principal of and interest on the Notes when due; (iv) any premium which may be received by the City above the par value of the Notes and accrued interest thereon; (v) surplus monies in the Borrowed Money Fund as specified in Section 6 hereof; and (vi) such further deposits as may be required by Sec. 67.11, Wis. Stats. (B) Use and Investment. No money shall be withdrawn from the Debt Service Account and appropriated for any purpose other than the payment of principal of and interest on the Notes until all such principal and interest has been paid in full and canceled; provided (i) the funds to provide for each payment of principal of and interest on the Notes prior to the scheduled receipt of taxes from the next succeeding tax collection may be invested in direct obligations of the United States of America maturing in time to make such payments when they are due or in other investments permitted by law; and (ii) any funds over and above the amount of such principal and interest payments on the Notes may be used to reduce the next succeeding tax levy, or may, at the option of the City, be invested by purchasing the Notes as permitted by and subject to Section 67.11(2)(a), Wis. Stats., in interest-bearing obligations of the United States of America, in other obligations of the City or in other investments permitted by law, which investments shall continue to be a part of the Debt Service Account. (C) Remaining Monies. When all of the Notes have been paid in full and canceled, and all permitted investments disposed of, any money remaining in the Debt Service Account shall be deposited in the general fund of the City, unless the Common Council directs otherwise. Section 6. Proceeds of the Notes. All monies received by the City upon the delivery of the Notes to the Purchaser thereof, except for accrued interest and premium, if any, shall be deposited by the City Treasurer into a special fund (the "Borrowed Money Fund") which shall be maintained separate and distinct from all other funds of the City and shall be used for no purpose other than the purpose for which the Notes are issued. Monies in the Borrowed Money Fund may be temporarily invested as provided in Section 66.0603(1m), Wis. Stats. Any monies, including any income from permitted investments, remaining in the Borrowed Money Fund after the purpose for which the Notes have been issued has been accomplished, and, at any time, any monies as are not needed and which obviously thereafter cannot be needed for such purpose shall be deposited in the Debt Service Account. Section 7. No Arbitrage. All investments permitted by this resolution shall be legal investments, but no such investment shall be made in such a manner as would cause the Notes to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or the Regulations of the Commissioner of Internal Revenue thereunder (the "Regulations"); and an officer of the City, charged with the responsibility for issuing the Notes, shall certify as to facts, estimates, circumstances and reasonable expectations in existence on the date of closing which will permit the conclusion that the Notes are not "arbitrage bonds," within the meaning of the Code or Regulations. Section 8. Persons Treated as Owners; Transfer of Notes. The City Clerk shall keep books for the registration and for the transfer of the Notes. The person in whose name any Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and payment of either principal or interest on any Note shall be made only to the registered owner thereof. All such payments shall be valid and effectual to satisfy and

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discharge the liability upon such Note to the extent of the sum or sums so paid. Any Note may be transferred by the registered owner thereof by surrender of the Note at the office of the City Clerk, duly endorsed for the transfer or accompanied by an assignment duly executed by the registered owner or his attorney duly authorized in writing. Upon such transfer, the Mayor and City Clerk shall execute and deliver in the name of the transferee or transferees a new Note or Notes of a like aggregate principal amount, series and maturity, and the City Clerk shall record the name of each transferee in the registration book. No registration shall be made to bearer. The City Clerk shall cancel any Note surrendered for transfer. The City shall cooperate in any such transfer, and the Mayor and City Clerk are authorized to execute any new Note or Notes necessary to effect any such transfer.Section 9. Compliance with Federal Tax Laws. (a) The City represents and covenants that the projects financed by the Notes and their ownership, management and use will not cause the Notes to be "private activity bonds" within the meaning of Section 141 of the Code. The City further covenants that it shall comply with the provisions of the Code to the extent necessary to maintain the tax-exempt status of the interest on the Notes including, if applicable, the rebate requirements of Section 148(f) of the Code. The City further covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Notes) if taking, permitting or omitting to take such action would cause any of the Notes to be an arbitrage bond or a private activity bond within the meaning of the Code or would otherwise cause interest on the Notes to be included in the gross income of the recipients thereof for federal income tax purposes. The City Clerk or other officer of the City charged with the responsibility of issuing the Notes shall provide an appropriate certificate of the City certifying that the City can and covenanting that it will comply with the provisions of the Code and Regulations. (b) The City also covenants to use its best efforts to meet the requirements and restrictions of any different or additional federal legislation which may be made applicable to the Notes provided that in meeting such requirements the City will do so only to the extent consistent with the proceedings authorizing the Notes and the laws of Wisconsin and to the extent that there is a reasonable period of time in which to comply. Section 10. Designation as Qualified Tax-Exempt Obligations. The Notes are hereby designated as "qualified tax-exempt obligations" for purposes of Section 265 of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is allocable to carrying and acquiring tax-exempt obligations. Section 11. Undertaking to Provide Continuing Disclosure. The City covenants and agrees, for the benefit of the holders of the Notes, to enter into a written undertaking (the "Undertaking") required by SEC Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities and Exchange Act of 1934 (the "Rule") to provide continuing disclosure of certain financial information and operating data and timely notices of the occurrence of certain events in accordance with the Rule. The Undertaking shall be enforceable by the holders of the Notes or by the original purchaser(s) of the Notes on behalf of such holders (provided that the rights of the holders and the purchaser(s) to enforce the Undertaking shall be limited to a right to obtain specific performance of the obligations thereunder and any failure by the City to comply with the provisions of the Undertaking shall not be an event of default with respect to the Notes). The City Clerk, or other officer of the City charged with the responsibility for issuing the Notes, shall provide a Continuing Disclosure Certificate for inclusion in the transcript of proceedings, setting forth the details and terms of the City's Undertaking.Section 12. Records. The City Clerk shall provide and keep a separate record book and shall record a full and correct statement of every step or proceeding had or taken in the course of authorizing and issuing these Notes. Section 13. Bond Insurance. If the Purchaser of the Notes determines to obtain municipal bond insurance with respect to the Notes, the officers of the City are authorized to take all actions necessary to obtain such municipal bond insurance. The Mayor and City Clerk are authorized to agree to such additional provisions as the bond insurer may reasonably request and which are acceptable to the Mayor and City Clerk including provisions regarding restrictions on investment of Note proceeds, the payment procedure under the municipal bond insurance policy, the rights of the bond insurer in the event of default and payment of the Notes by the bond insurer and notices to be given to the bond insurer. In addition, appropriate reference to the municipal bond insurance policy shall be made in the form of Note provided herein. Section 14. Closing. The Mayor and City Clerk of the City are hereby authorized and directed to execute and deliver the Notes to the Purchaser thereof upon receipt of the borrowed funds, accrued interest to date of delivery and premium, if any. The Mayor and City Clerk may execute the Notes by manual or facsimile signature, but at least one of said officers shall sign the Notes manually. The officers of the City are hereby directed and authorized to take all steps necessary or convenient to close this issue as

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soon as practicable hereafter, in accordance with the terms of sale thereof; and said officers are hereby authorized and directed to execute and deliver such documents, certificates and acknowledgments as may be necessary or convenient in accordance therewith. Adopted, this 3rd day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 3, 2007 It was moved by Alderman Casey, seconded by Alderman Ruffolo, to adopt Resolutions 171-07 through 175-07 (items 37-41). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:37. RESOLUTION NO. 171-07

BY: THE MAYORTO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE

ATTACHMENT OF PARCEL NOS. 80-4-222-193-0305; 80-4-222-193-0300; 80-4-222-302-0100; 80-4-222-302-0210; 80-4-222-303-0100; 80-4-222-303-0200; 80-4-222-303-0225; 80-4-222-303-0250; and, 80-4-222-303-0275, A IN THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED

CITY OF KENOSHA/TOWN OF SOMERS COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [VK Somers, L.L.C. – Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel Nos. 80-4-222-193-0305; 80-4-222-193-0300; 80-4-222-302-0100; 80-4-222-302-0210; 80-4-222-303-0100; 80-4-222-303-0200; 80-4-222-303-0225; 80-4-222-303-0250; and, 80-4-222-303-0275, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on November 19, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel Nos. 80-4-222-193-0305; 80-4-222-193-0300; 80-4-222-302-0100; 80-4-222-302-0210; 80-4-222-303-0100; 80-4-222-303-0200; 80-4-222-303-0225; 80-4-222-303-0250; and, 80-4-222-303-0275, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel Nos. 80-4-222-193-0305; 80-4-222-193-0300; 80-4-222-302-0100; 80-4-222-302-0210; 80-4-222-303-0100; 80-4-222-303-0200; 80-4-222-303-0225; 80-4-222-303-0250; and, 80-4-222-303-0275, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 3rd day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

38. RESOLUTION NO. 172 - 07BY: THE MAYOR

PROVIDING FOR A SPRING PRIMARY FOR CITY ELECTIONSWHEREAS, the next regular election in the City of Kenosha, Wisconsin, is to be held in said City on the 1st of April,

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2008.NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Council's authority under §8.11 of the Wisconsin Statutes, if necessary, a Primary Election for the nomination of candidates for City Offices of the City of Kenosha, Wisconsin shall be held on the 19th of February, 2008, according to the Statutes and Laws of the State of Wisconsin as govern and provide for such primary elections. Adopted this 3rd day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO CREATE WARD 70, FOR VOTING PURPOSES, AND COMBINE THE POLLING PLACES FOR WARDS 32, 36, 37, 38, 39, 40, 42, 51, 58, 59, 63, 68, and 70

Guttormsen Recreation Center, 5411 Green Bay RoadWHEREAS, Attachment Ordinance No. 67-07 attached parcel 80-4-222-193-0305, 80-4-222-193-0300, 80-4-222-302-0100, 80-4-222-302-0210, 80-4-222-302-0200, 80-4-222-303-0100, 80-4-222-303-0200, 80-4-222-303-0225, 80-4-222-303-0250, and 80-4-222-303-0275 South of Burlington Road East of 120th Avenue, located in the Town of Somers into the corporate limits of the City of Kenosha, Wisconsin; AND WHEREAS, it was determined that the attached parcels of land lie within the 66th State Assembly District; NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the parcel of land attached under Attachment Ordinance No. 67-07 be placed in City of Kenosha Voting Ward 70, District 16, and that the polling place for wards 32, 36, 37, 38, 39, 40, 42, 51, 58, 59, 63, 68 and 70 be combined to the Guttormsen Recreation Center, 5411 Green Bay Road, for voting purposes as allowed by Section 5.15 (6)(b), Wisconsin Statutes.Adopted this 3rd day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


Approving the Redevelopment Plan for the Wilson Neighborhood Redevelopment Project Area, As Approved by the Redevelopment Authority of the City of Kenosha on November 20, 2007

WHEREAS, the Redevelopment Authority of the City of Kenosha has made or caused to be made detailed studies of the location, physical condition of structures and other improvements, land uses and environmental influences of an area of the City of Kenosha known as the Wilson Neighborhood Redevelopment Project Area, hereinafter called the "Redevelopment Area"; andWHEREAS, having been apprised of existing conditions in the Redevelopment Area by the Redevelopment Authority, and having general knowledge of such conditions, the Common Council of the City of Kenosha has heretofore determined by resolution duly adopted by a majority vote of not less than two-thirds of the members elect thereof, that the Redevelopment Area is a blighted area in need of a redevelopment project, within the meaning of Section 66.1333 of the Wisconsin Statutes; andWHEREAS, the Redevelopment Authority has caused a Redevelopment Plan to be prepared in accordance with applicable requirements of Section 66.1333(6)(b)2. of the Wisconsin Statutes, for consideration and approval by the Common Council, which Redevelopment Plan is titled Redevelopment Plan for the Wilson Neighborhood Project Area, and consists of 14 pages of text and eight exhibits; and WHEREAS, the Redevelopment Authority has heretofore scheduled and held a public hearing on the Redevelopment Plan, following the giving of due notice to the owners of record of real property located in the Redevelopment Area, and to the public generally, at the time and in the manner required by Section 66.1333(6)(b)3 of the Wisconsin Statutes, which public hearing was duly held on November 20, 2007; and WHEREAS, the Redevelopment Plan has been duly approved by the Redevelopment Authority, as evidenced

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by the copy of the Redevelopment Authority's duly certified resolution which is attached to this resolution; and WHEREAS, the general plan of the City is recognized and

used as a guide for the general development of the City as a whole; and WHEREAS, in accordance with applicable provisions of Section 62.23(5) of the Wisconsin Statutes, the Redevelopment Plan has been submitted to and reviewed by the City Plan Commission, the duly designated and acting official planning body of the City; and WHEREAS, in accordance with applicable provision of Section 66.133(6)(c) of the Wisconsin Statutes, the Redevelopment Authority has conferred with the City Plan Commission in relation to the location and extent of public works and utilities, public buildings and land uses provided for in the Redevelopment Plan, and with other public officials, boards, authorities and agencies of the City under whose administrative jurisdictions such uses respectively fall; and WHEREAS, the City Plan Commission, after due consideration, has adopted the Redevelopment Plan, and has incorporated the said Plan into the general plan of the City; and WHEREAS, the City Plan Commission has submitted its report and recommendations respecting the Redevelopment Plan to the Redevelopment Authority and the Common Council, and has certified that the Redevelopment Plan conforms to the general plan of the City, and that the Redevelopment Plan is sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements in the Redevelopment Area, and the Common Council has duly considered the report, recommendations and certification of the City Plan Commission; and WHEREAS, it is necessary in the public interest that the Common Council take appropriate action respecting the Redevelopment Plan for the Wilson Neighborhood Redevelopment Project Area, in conformity with the applicable requirements of said Section 66.1333. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF KENOSHA, as follows: 1.That the Redevelopment Plan for the Wilson Neighborhood Redevelopment Project Area, in accordance with the requirements of the City Plan Commission and thereafter approved by the Redevelopment Authority of the City of Kenosha, a copy of which is attached to this resolution, having been duly reviewed and considered by the Common Council, is hereby approved, and the City Clerk is hereby directed to file a copy of the said Redevelopment Plan, as so approved, among the official records of the City; and 2.That it is hereby found and determined that, in addition to eliminating blight from the Redevelopment Area, implementation of the Redevelopment Plan will further promote the general welfare of the City and its residents and the sound growth and

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development of the City for redevelopment in accordance with the uses specified in the Redevelopment Plan and by providing through such redevelopment, a cohesive environment compatible with the functions and needs of the Wilson Neighborhood area; and 3.That it is hereby found and determined that the Redevelopment Plan conforms to the general plan of the City; and 4.That in order to facilitate the implementation of the Redevelopment Plan hereby approved, it is hereby found and determined that certain official actions must be taken by the Common Council with reference to the installation, construction or reconstruction of street improvements and other public improvements, and other public actions, and accordingly, the Common Council hereby; (a) pledges its cooperation in helping to implement the Redevelopment Plan; and (b) stands ready to consider and take appropriate actions upon proposals and measures designed to facilitate the implementation of the Redevelopment Plan. Adopted this 3rd day of December 2007.

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Maps are available for viewing in the Office of the City Clerk.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO AMEND RESOLUTION NO. 147-07, ADOPTED ON NOVEMBER 5, 2007, WHICH ESTABLISHED A SCHEDULE OF FEES FOR DEVELOPMENT REVIEW UNDER SECTION 3.0, SECTION 4.0, SECTION 9.0,

SECTION 10.0, SECTION 11.0, SECTION 13.0, SECTION 14.0 AND SECTION 15.0 OF THE ZONING ORDINANCE, TO CORRECT THE AMOUNT OF THE FEE FOR THE LEVEL 3 CONDITIONAL USE

PERMIT, SITE PLAN REVIEW WHEREAS, Resolution No. 147-07, adopted on November 5, 2007, established a Schedule of Fees for Development Review under Sections 3.0, 4.0, 9.0, 10.0, 11.0, 13.0, 14.0 and 15.0 of the Zoning Ordinances for the City of Kenosha, Wisconsin; and, WHEREAS, the amount of the fee for Level 3 CPC/CC Conditional Use Permit/Site Plan Review was incorrectly listed as $1,180; and, WHEREAS, it is recommended that the fee for Level 3 CPC/CC Conditional Use Permit/Site Plan Review be amended to reflect the amount of One Thousand Eight Hundred ($1,800) Dollars. NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Kenosha, Wisconsin, that an amendment to the Schedule of Fees For Development Review under Section 3.0, Section 4.0, Section 9.0, Section 10.0, Section 11.0, Section 13.0, Section 14.0 and Section 15.0 of the Zoning Ordinance, changing the amount of the fee for Level 3 CPC/CC Conditional Use Permit/Site Plan Review to One Thousand Eight Hundred ($1,800) Dollars, is hereby adopted. Adopted this 3rd day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Casey, seconded by Alderman Ruffolo, to approve:

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42. Offer of Sale Agreement between the City of Kenosha and the Kenosha Water Utility for Property Located at 51st Place, East of 4th Avenue.43. Developers Agreement by and between Gateway Center, LLC, the City of Kenosha and Kenosha Water Utility for Property Located South of CTH K and West of I-94. 44. Addendum to Agreement By and Between the City of Kenosha, (Wisconsin, A Municipal Corporation), and Waste Management of Wisconsin, Inc., (A Wisconsin Corporation).45. Request from Kenosha County UW Extension for an Extension (to June 30, 2008) to their 2006 CDBG Subgrantee Agreement. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE46. It was moved by Alderman Casey, seconded by Alderman Ruffolo, to approve Disbursement Record #21 – $4,699,639.73. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS47. It was moved by Alderman Casey, seconded by Alderman Ruffolo, to approve Final Acceptance of Project #07-1015 Resurfacing Phase II which has been completed by Cicchini Asphalt Paving, (Kenosha, Wisconsin) in the amount of $249,368.76. On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Marks, seconded by Alderman Casey, to adjourn at 7:50 p.m. On a voice vote, motion carried.Approved:



DEPUTY CITY CLERK

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CHAMBERS ROOM 200December 4, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 6:10 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Robinson, Marks, Ruef, Frederick, Casey, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Excused: Aldermen Spair and Butler. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag.

48. Public Hearing on the 2008 – 2012 Capital Improvement Plan. A public hearing was held. Two (2) people spoke.49. Public Hearing on the 2008 City of Kenosha Budget. A public hearing was held. Two (2) people spoke.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Pacetti, seconded by Alderman Holland, to adjourn at 6:20 p.m. On a voice vote, motion carried.Approved:



DEPUTY CITY CLERK



At a meeting of the Committee of the Whole held this evening, His Honor, Mayor John M. Antaramian presided. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Robinson, Marks, Ruef, Butler, Frederick, Casey, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Excused: Alderman Spair. Alderman Pitts left after motion 2.3. Alderman Downing left before the vote on 2.4. Alderman Butler left after the vote on 2.6. Alderman Casey left prior to the vote on items 4 through 7.1. It was moved by Alderman Pacetti, seconded by Alderman Robinson to approve the Resolution To Approve the 2008 Budget and Operating Plan of the Kenosha Lakeshore Business Improvement District (BID) and to Levy Special Assessments. On a voice vote, motion carried.2. It was moved by Alderman Pacetti, seconded by Alderman Pitts to approve the 2008 - 2012 Capital Improvement Plan as amended by the Finance Committee. 2.1 It was then moved by Alderman Ruffolo, seconded by Alderman Misner to separate the fire station relocation plan from the rest of the Capital Improvement Plan. On roll call vote, motion failed (5-11) with Aldermen Haugaard, Misner, Polzin, Holland and Ruffolo voting aye.2.2 It was then moved by Alderman Polzin, seconded by Alderman Ruffolo to add in to 2010, the deisgn and engineering for fire station #8. On roll call vote, motion failed (5-11) with Aldermen Frederick, Misner, Downing, Polzin and Ruffolo voting aye.2.3 It was moved by Alderman Polzin, seconded byAlderman Pacetti to add $200,000 for construction of the bike trail with the assumption of the same amount of State funds to be provided. On a voice vote, motion carried.2.4 It was moved by Alderman Casey, seconded by Alderman Misner to add $200,000 to Public Works-Streets to eliminate bump-outs from the Uptown. On roll call vote, motion failed (2-12) with Aldermen Casey and Polzin voting aye.

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2.5 It was then moved by Alderman Casey, seconded byAlderman Polzin to add $25,000 to Public Works Streets-2008, and reduce the Redevelopment Authority authorized allocation by $25,000, to maintain and fix the rod iron in the Uptown area. On roll call vote, motion carried unanimously.2.6 It was moved by Alderman Moldenhauer, seconded by Alderman Haugaard to again separate the fire station relocation plan from the rest of the Capital Improvement Plan. On roll call vote, motion failed (6-8) with Aldermen Haugaard, Misner, Polzin, Moldenhauer, Holland Ruffolo voting aye.At approximately 8:00 a.m. A brief recess was taken. The Common Council reconvened. On roll call vote, motion to approve the 2008-2012 Capital Improvement Plan as amended by the Committee of the Whole carried (9-4) with Aldermen Haugaard, Casey, Misner and Ruffolo voting nay.50. It was moved by Alderman Pacetti, seconded by Alderman Ruef to approve the 2008 City of Kenosha Operating Budget as amended by the Finance Committee.3.1 It was then moved by Alderman Pacetti, seconded by Alderman Polzin to move $61,742 from the Parks Department to the Police Department to add two additional patrol officers to be hired in the last quarter of the year. On roll call vote, motion carried unanimously. On roll call vote, motion to recommend to approve the 2008 City of Kenosha Operating Budget as amended by the Committee of the Whole, carried unanimously. It was moved by Alderman Pacetti, seconded by Alderman Polzin to approve:51. 2008 Special Revenue Fund – Recycling & Yard Waste.52. 2008 Special Revenue Fund – Emergency Medical Services.53. 2008 Special Revenue Fund – Community Promotions.54. 2008 Public Library Tax Levy. On roll call vote, motion carried unanimously.55. It was moved by Alderman Pacetti, seconded by Alderman Holland to adopt the 2008 Public Museum Budget. On roll call vote, motion carried (11-1) with Alderman Polzin, Jr. voting nay.56. It was moved by Alderman Pacetti, seconded by Alderman Ruef to approve the Resolution to Establish Stormwater Utility Rates Within the City of Kenosha, Wisconsin. On roll call vote, motion carried (11-1) with Alderman Polzin, Jr. voting nay.57. It was moved by Alderman Pacetti, seconded by Alderman Frederick to approve the Resolution in Support of the Shalom Center's Plans to Construct a New Homeless Facility and to Establish Terms and Conditions for a City Contribution to the Costs of Construction in the Amount of Two Hundred Fifty Thousand ($250,000.00) Dollars. On roll call vote, motion carried (10-2) with Aldermen Misner and Polzin, Jr. voting nay. There being no further business to come before the Committee of the Whole, it was moved by Alderman Pacetti, seconded by Alderman Marks ti adjourn at 8:55 p.m. On a voice vote, motion carried.Approved:



DEPUTY CITY CLERK


CHAMBERS ROOM 200Wednesday, December 5, 2007

At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 5:03 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Marks, Ruef, Frederick, Casey, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag.

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RESOLUTIONS58. It was moved by Alderman Pacetti, seconded by Alderman Ruef, to adopt Resolution 176-07. On roll call vote, motion carried (10-4) with Aldermen Haugaard, Casey, Misner and Ruffolo voting nay and said resolution was thereupon adopted as follows:


RESOLUTION TO APPROVE THE 2008 - 2012 CAPITAL IMPROVEMENT PLANBE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the 2008 - 2012 Capital Improvement Plan is hereby approved, said Plan was reviewed by the City Plan Commission on November 8, 2007, the Finance Committee on November 12, 2007, and the Committee as a Whole on December 4, 2007 with final adoption on December 5, 2007.Dated this 3rd day of December, 2007APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 5, 200759.It was moved by Alderman Pacetti, seconded by Alderman Ruef, to adopt Resolution 177-07. On roll call vote, motion carried (13-1) with Alderman Casey voting nay and said resolution was thereupon adopted as follows:

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It was moved by Alderman Pacetti, seconded by Alderman Ruef, to adopt Resolution 178-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


TO APPROVE THE 2008 BUDGET AND OPERATING PLAN OF THEKENOSHA LAKESHORE BUSINESS IMPROVEMENT DISTRICT (BID)

AND TO LEVY SPECIAL ASSESSMENTSBE IT RESOLVED, by the Common Council of the City of Kenosha, Wisconsin, that the Kenosha Lakeshore Business Improvement District Budget and Operating Plan for 2008, which is on file in the office of the City Clerk, be, and is hereby, approved and said 2008 budget shall be funded by special assessments levied against each assessable property within the District at a mill rate per $1,000 of assessed value which will equal a total special assessment levy for the Kenosha Lakeshore Business Improvement District of $55,000. Adopted this 5th day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 5, 200760. It was moved by Alderman Pacetti, seconded by Alderman Ruef, to adopt Resolution 179-07. On roll call vote, motion carried (12-2) with Aldermen Downing and Polzin, Jr. voting nay and said resolution was thereupon adopted as follows:

RESOLUTION NO. 179-07BY: STORMWATER UTILITY COMMISSION

TO ESTABLISH STORMWATER UTILITY RATES WITHIN THE CITY OF KENOSHA, WISCONSINWHEREAS, on November 6, 2006, the Common Council adopted Ordinance No. 51-06, creating Chapter VIII of the Code of General Ordinances, entitled “Stormwater Utility,” which established a Stormwater Utility within the City of Kenosha, Wisconsin; and, WHEREAS, in the establishment of the aforementioned Stormwater Utility, rate classes have been instituted; and, WHEREAS, the Finance Committee and the Stormwater Utility Commission have recommended approval of the Stormwater Utility budget to the Common Council, setting the proposed costs and anticipated revenues of the Stormwater Utility; and, WHEREAS, rates shall be established to fund all components of the budget for the Stormwater Utility; and, WHEREAS, such rates shall be composed of both a fixed portion per customer and a variable portion to be charged per EHU (Equivalent Hydraulic Unit); and, WHEREAS, there are 32,100 customers and 76,500 total EHUs in the City of Kenosha. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that, effective January 1, 2008, a monthly rate shall be $1.02 per month, per customer, for the fixed portion, plus $4.88 per EHU per month for the variable portion. Adopted this 5th day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 5, 200761. It was moved by Alderman Pacetti, seconded by Alderman Frederick, to adopt Resolution 180-07. On roll call vote, motion carried (10-4) with Aldermen Casey, Misner, Downing and Polzin, Jr. voting nay and said resolution was thereupon adopted as follows:


IN SUPPORT OF THE SHALOM CENTER'S PLANS TO CONSTRUCT A NEW HOMELESS FACILITY AND TO ESTABLISH TERMS AND CONDITIONS FOR A CITY CONTRIBUTION TO THE COSTS OF

CONSTRUCTION IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND ($250,000.00) DOLLARSWHEREAS, the Shalom Center wishes to expand its capabilities and extend its services by constructing a new facility to house the food pantry and emergency shelter program (INNS); and, WHEREAS, the 2008-2012 Capital Improvement Plan (CIP) of the City of Kenosha allocates and authorizes an expenditure in the amount of Two Hundred Fifty Thousand

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($250,000.00) Dollars in FY 2009, as a contribution in support of the construction of the Shalom Center's permanent Homeless Shelter; and, WHEREAS, it is the desire of the Common Council of the City of Kenosha to ensure that such funds are used specifically to defray actual construction costs associated with the Homeless Shelter. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the City of Kenosha supports the effort of the Shalom Center and will contribute an amount up to Two Hundred Fifty Thousand ($250,000.00) Dollars (as identified in the 2008-2012 CIP) to the construction of the Shalom Center's planned new Homeless Facility, subject to the following terms and conditions: 1. The property upon which the Homeless Shelter is to be constructed must be zoned/rezoned to the IP (Institutional Park) District. 2. The Shalom Center must obtain a Conditional Use Permit (CUP) for the Homeless Facility from the Common Council. The Conditional Use Permit must include a detailed Operating Plan, including, but not limited to how the clientele is to be served, eligibility requirements for receipt of services, and intake and security procedures. 3. The Shalom Center must obtain a Building Permit for the Homeless Shelter from the Department of Neighborhood Services and Inspections. 4. Disbursement of City funds shall be on a reimbursement basis for actual building construction performed. Specified documentation, such as contractor invoices, must be provided by the Shalom Center, as requested by the City. Adopted this 5th day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 5, 200762. It was moved by Alderman Pacetti, seconded by Alderman Ruef, to adopt Resolution 181-07. On roll call vote, motion carried unanimously and said resolution was thereupon adopted as follows:


RESOLUTION TO APPROVE THE TABLE OF ORGANIZATION AND MODIFY THE 2008 -2009 COMPENSATION PLANS FOR

MANAGERIAL, SUPERVISORY, PROFESSIONAL AND CONFIDENTIAL EMPLOYEES AND FOR LIMITED TERM, SEASONAL, TEMPORARY AND PART TIME EMPLOYEES

WHEREAS, the Common Council of the City of Kenosha has approved the 2008 operating budget; and WHEREAS, position changes and salary adjustments have been approved in various City of Kenosha Departments; and WHEREAS, the managerial, supervisory, professional and confidential employees salary schedule for 2008 and 2009 be modified ; and WHEREAS, the limited term, seasonal, temporary and part time employees wage schedule for 2008 -2009 be modified; and NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin that the changes to the Table of Organization, compensation plans as indicated on Appendices A, B, C and D be approved effective January 1, 2008. Adopted this 5th day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 5, 2007

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Sinclair, seconded by Alderman Pitts, to adjourn at 5:06 p.m. On a voice vote, motion carried.Approved:



DEPUTY CITY CLERK

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December 17, 2007 John M. Antaramian, Mayor Michael K. Higgins, City Clerk



At a meeting of the Common Council held this evening, His Honor, Mayor John M. Antaramian presided. The meeting was called to order at 7:04 p.m. On roll call, the following members of the Common Council were present: Aldermen Haugaard, Moldenhauer, Holland, Ruffolo, Sinclair, Robinson, Marks, Ruef, Frederick, Misner, Pitts, Pacetti, Downing and Polzin, Jr. Excused: Aldermen Spair and Casey. Alderman Butler joined the meeting at approximately 7:25 p.m. The invocation was given by Alderman Robinson. Mayor Antaramian then led the Council in the Pledge of Allegiance to the American Flag. Two (2) Citizens spoke during Citizen's Comments: Tricia Conway and Bob Danbeck.

TO THE COMMITTEE ON FINANCE1. Development Agreement By and Between the Boys and Girls Club and City of Kenosha for the Development Grant Program for property at the northeast corner of 52nd Street and 14th Avenue, Aldermanic District #7.


OF DEPARTMENTS2. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve:a. 13 applications for an Operator's (Bartenders) license, per list on file in the office of the City Clerk.b. There were no application(s) for a transfer of agent status of Beer and/or Liquor licenses, per list on file in the office of the City Clerk.c. There were no application(s) for a special Class "B" Beer and/or "Class B" Wine license per list on file in the office of the City Clerk.d. There were no application(s) for a Taxi Driver's license per list on file in the office of the City Clerk. On a voice vote, motion carried.3. It was moved by Alderman Ruef, seconded by Alderman Frederick to Approve Request for a Distance and Density Exception for a 74-Bed CBRF to be Located at 6300 67th Street. (17th District) (Community Retirement Living) A public hearing washeld. One person spoke.

RECOMMENDATIONS FROM THE COMMITTEE ON LICENSING/PERMITS4. It was moved by Alderman Robinson, seconded by Alderman Sinclair, to approve applications for new Operator's (Bartender) licenses, subject to:-50 demerit points:a. Nicole C. Cookb. Daniel J. Eternicka-60 demerit points:c. Dustin W. Cucunato-75 demerit points:d. Julia Garcia A hearing was held. The applicants did not appear. On a voice vote, motion carried.5. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to DENY the following applications for new Operator's (Bartender) licenses, based on:-material police record:a. Michelle M. Feestb. Carlo J. Ricciardi (withdrawn)

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-material police record & false application:c. Caitlyn J. Beascochea A hearing was held. The applicants did not appear. On a voice vote, motion carried.6. It was moved by Alderman Sinclair, seconded by Alderman Robinson, to approve application of Joseph M. Faulk for a Taxi Driver's license, subject to 75 demerit points. A hearing was held. The applicant did not appear. On a voice vote, motion carried.7. It was moved by Alderman Frederick, seconded by Alderman Sinclair, to approve the following applications for new Commercial Kennel licenses:a. Tracy Eberle (Shirrun Kennel located at 5522-104th Ave)b. Puppy Tub & Motel, Inc. (Puppy Tub & Motel located at 2419-52nd St)c. Junior J's Racing, LLC (Junior J's Racing located at 5522-104th Ave)On a voice vote, motion carried.8. It was moved by Alderman Robinson, seconded by Alderman Ruef, to approve renewal applications for the following licenses subject to a non-renewal/revocation hearing:a. Secondhand Article Dealer, Jerome Binsfeld (JB Coins, 6040-39th Ave, Ste 7)b. Secondhand Article Dealer, Kang & Kathleen Yoo (Dale, Ltd., 624-56th St)c. Secondhand Jewelry Dealer, Kang & Kathleen Yoo (Dale, Ltd., 624-56th St)d. Pawnbroker, Kang Yoo (Dale, Ltd., 624-56th St)A hearing was held. The applicants did not appear. On a voice vote, motion carried.9. It was moved by Alderman Sinclair, seconded by Alderman Polzin, to approve renewal applications for the following with no adverse recommendations per list on file in the Office of the City Clerk: 11 Commercial Kennel, Non-Commercial Kennel, Humane Society and Pet Shop 2 Massage Therapist 5 Secondhand Article Dealers and Secondhand Jewelry Dealers On a voice vote, motion carried.

ZONING ORDINANCES 1ST READING It was moved by Alderman Sinclair, seconded by Alderman Polzin, to send the following ordinances on their way:10. By the Mayor - To Rezone Property Located at the Southwest Corner of 52nd Street and 104th Avenue from A-2 Agricultural Land Holding to M-2 Heavy Manufacturing District [Melchiorre]11. By the Mayor – To Rezone Property Located at 5920 - 37th Avenue from RG-1 General Residential District to B-2 Community Business District [McMiller] 12. By the Mayor – To Rezone Property Located at 12304 – 75th Street from A-2 Agricultural Land Holding to B-2 Community Business District [Rasmussen] On a voice vote, motion carried.

ORDINANCES 2ND READING13. It was moved by Alderman Robinson, seconded by Alderman Ruffolo to approve the proposed ordinance By the Mayor - To Create Section 5.047, Entitled Permits for Artificial Structures in the Right-of-Way .″ A public hearing was held. One person spoke regarding said ordinance.13.1 It was then moved by Alderman Marks, seconded by Alderman Ruffolo, to table. After discussion, this motion was withdrawn.13.2 It was moved by Alderman Pacetti, seconded by Alderman Robinson to defer until February 20, 2008. On a voice vote, motion carried.14. It was moved by Alderman Robinson, seconded by Alderman Marks to approve the proposed ordinance by the Mayor - To Create Section 9.201, Entitled Aboveground Utility Structure. A public hearing was held. No one spoke for or against.14.1 It was then moved by Aldreman Marks, seconded by Alderman Robinson to defer until February 20,

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2008. On a voice vote, motion carried.15. It was moved by Alderman Marsk, seconded by Alderman Ruffolo to adopt Ordinance 72-07. A public hearing was held. No one spoke for or against said ordinance. On roll call vote, motion carried (15-0) and said ordinance was thereupon adopted as follows: ORDINANCE NO. 72-07

BY: THE MAYORTO CREATE SECTION 15.101 OF THE CODE OF GENERAL ORDINANCES FOR THE CITY

OF KENOSHA, WISCONSIN, ENTITLED SIGNS ON ABOVEGROUND UTILITY‶ STRUCTURES IN OR ADJACENT TO THE PUBLIC RIGHT-OF-WAY″

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 15.101 of the Code of General Ordinances for the City of Kenosha, Wisconsin, is hereby created as follows: 15.101 SIGNS ON ABOVEGROUND UTILITY STRUCTURES IN OR ADJACENT TO THE PUBLIC RIGHT-OF-WAY A. Prohibition. It shall be unlawful for any person to erect, place, replace, install, establish, alter, or maintain any sign on a aboveground utility structure that is located in the public right-of-way, or has any portion of said aboveground utility structure within ten (10') feet of a public right-of-way. Aboveground Utility Structure means any structure, cabinet, electric meter or other″‶ appurtenance, owned or used by a utility company, a telecommunications provider, a video service provider or utility regulated by the Public Service Commission of the State of Wisconsin, that extends upon the ground upon which it is built. This definition does not include traffic control devices or infrastructure that provides water for fire suppression. This definition also does not include a pole or a device attached to a pole if the lowest portion of the device is maintained at a height of at least ten (10') feet above the ground. B. Exemptions. The prohibition of Section 15.101 A. shall not apply to the following: 1. A warning label, the sole purpose of which is to notify the public of special hazards; or, 2. Identifying information for the installation if the following apply: a. The identifying information is placed on the face of the aboveground utility structure’s most remote from the street, running along the front of the lot in which the aboveground utility structure is located; b. The typeface of the identifying information is no greater than 16 point; and, c. Any background color to the information matches as closely as practicable to the color of the aboveground utility structure adjacent to the place of the information. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 17, 2007PUBLISHED: December 21, 200716. It was moved by Alderman Ruef, seconded by Alderman Downing to adopt ordinance 73-07. A public hearing was held. No one spoke for or against said ordinance On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Cooperative Plan Parcel Nos. 80-4-222-352-0520;80-4-222-352-0530; 80-4-222-352-0540; and,80-4-222-352-0550, Town of Somers

[City of Kenosha. - Property Owners]ORDINANCE NO. 73-07

BY: THE MAYOR Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan

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under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of zero (0), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after December 22, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes. Section Four: District and Ward Designation. The territory described in Section One is hereby made a part of the 72nd Ward of the 16th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this

Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and December 22, 2007, as provided by law.

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NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICE.

APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 17, 2007PUBLISHED: December 21, 200717. It was moved by Alderman Ruef, seconded by Alderman Downing to adopt ordinance 74-07. A public hearing was held. No one spoke for or against said ordinance On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


Cooperative Plan Parcel Nos. 80-4-222-344-0210, 6106 – 60th Street, Town of Somers

[City of Kenosha, Nash Park - Property Owners]ORDINANCE NO. 74-07

BY: THE MAYOR Attaching to the City of Kenosha, Wisconsin, territory in the Town of Somers, Kenosha County, Wisconsin, and providing temporary zoning district classifications under Section 66.0307, Wisconsin Statutes, City of Kenosha/Town of Somers State Approved Cooperative Plan: The Common Council of the City of Kenosha, Wisconsin, do ordain as follows:Section One: Territory Attached. In accordance with City of Kenosha/Town of Somers Cooperative Plan under Section 66.0307 of the Wisconsin Statutes, approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005, the territory in the Town of Somers, Kenosha County, Wisconsin, with an associated population of zero (0), described on the attached legal description, Attachment "A", and map, Attachment "B", is hereby attached to the City of Kenosha, Wisconsin, as hereinafter provided. Section Two: Effect of Attachment. From and after December 22, 2007, the date of attachment, the territory described in Section One shall be a part of the City of Kenosha for any and all purposes provided by law, and all persons coming or residing within

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such territory shall be subject to all Ordinances, rules and regulations governing the City of Kenosha. Section Three: Temporary Zoning District Classifications. The territory described in Section One, upon attachment, shall have the temporary zoning district classifications shown on Attachment "C", which zones the territory under the most restrictive classification of the City Zoning Ordinance. This temporary zoning district classification shall be and remain in effect for each parcel of land described therein until this Temporary Zoning District Classification Ordinance is amended as prescribed in Section 62.23(7)(d), Wisconsin Statutes. Section Four: District and Ward Designation. The territory described in Section One is hereby made a part

of the 55th Ward of the 16th District of the City of Kenosha, subject to the Ordinances, rules and regulations of the City governing Wards and Districts. The County Board of Supervisors for Kenosha County is requested to have the attached area included in the same District and Ward for the County Supervisory seat as for the City Aldermanic seat. Section Five: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section Six: Effective Date. This Ordinance, the Attachment, and the Temporary Zoning District Classifications shall take effect upon passage, publication and December 22, 2007, as provided by law.

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APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 17, 2007PUBLISHED: December 21, 2007NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICE.18. It was moved by Alderman Ruef, seconded by Alderman Downing to adopt ordinance 75-07. A public hearing was held. No one spoke for or against said ordinance On roll call vote, motion carried unanimously and said ordinance was thereupon adopted as follows:


TO REPEAL AND RECREATE SECTION 5.045 A. OF THE CODE OF GENERAL ORDINANCES, ENTITLED PERMIT REQUIRED″

The Common Council of the City of Kenosha, Wisconsin, do ordain as follows: Section One: Section 5.045 A. of the Code of General Ordinances for the City of Kenosha, Wisconsin, is repealed and recreated as follows: A. Permit Required. No person, party, firm or corporation shall place any banner, sign, decoration, or obstruction, in any public right-of-way without first obtaining the written permission of the Director of Public Works. The Common Council shall, from time to time, by Resolution, establish permit fees. Section Two: This Ordinance shall become effective upon passage and publication.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKPASSED: December 17, 2007PUBLISHED: December 21, 2007

ZONING ORDINANCES 2ND READING19. It was moved by Alderman Pacetti, seconded by Alderman Robinson to defer the proposed By the Mayor – To Create, Repeal and Recreate, and Amend Various Sections of the Zoning Ordinance Regarding “Aboveground Utility Structures” until February 20, 2008.

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RESOLUTIONS20. It was moved by Alderman Ruef, seconded by Alderman Robinson to adopt Resolution 182-07. A public hearing was held. No one spoke for or against said resolution. On roll call vote, motion carried (14-1) with Alderman Pacetti voting nay and said resolution was thereupon adopted as follows:

RESOLUTION NO. 182-07BY: COMMITTEE ON PUBLIC WORKS [UTILITY EASEMENT]

TO VACATE AN ALLEY LOCATED BETWEEN 34TH AND 35TH AVENUES FROM 67TH STREET TO 68TH STREET, PURSUANT TO SECTION 66.1003(4),

WISCONSIN STATUTES [Provencher/Casey] WHEREAS, the public interest requires the vacation of an alley located between 34th and 35th Avenues from 67th Street to 68th Street. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Section 66.1003(4), Wisconsin Statutes, and by direct action of said Council, an alley, described in Exhibit “A”, and legally described as follows: Part of that certain twelve (12) feet in width public alley which lies between 67th Street and 68th Street, and between 34th Avenue and 35th Avenue, in Rategans Ridgeland Heights Subdivision, in the Southwest Quarter of Section 1, Town 1 North, Range 22 East of the Fourth Principal Meridian, said part of alley to be vacated being described and bounded as follows: Bounded on the North by the south line of 67th Street; bounded on the East by the west line of Lots 5, 8, 9, 12, 13 and 16 of said subdivision; bounded on the South by the extensions, easterly and westerly across said alley, of the south lines of Lots 15 and 16 of said subdivision and bounded on the West by the east line of Lots 6, 7, 10, 11, 14 and 15 of said subdivision. be, and hereby is, vacated, subject to the following easements which are herein and hereby granted, or created by a reservation of rights. Any and all Utilities, including the City, furnishing gas, sewer, water, electric, telephone and related services, and any City Cable T.V. Franchise Holder, shall have reserved to them or are hereby and herein given and granted, the right, permission, and authority to inspect, repair and maintain their respective existing installation and Utilities in, above and under the above described parcel of property for as long as said installations and facilities are being operated and utilized by them. Said Utilities and Franchise Holder are also given and granted the right, permission and authority to improve and expand the scope of the above easements in, above and under the above described parcel of property, and thereafter to inspect, repair and maintain said new additional installations and facilities. Among the specific beneficiaries of this easement shall be the City of Kenosha, City of Kenosha Water Utility, S.B.C. (formerly Ameritech), Wisconsin Electric Power Company, and any holder of a City Cable T.V. Franchise. Easement holders shall, at all times, have reasonable access to their respective installations and facilities, and owners of said parcel of land vacated by this Resolution, shall not interfere with easement rights herein specified or entitled to compensation for anything placed by owners upon said vacated property which may have to be destroyed or removed by easement holders to effectively use their easements, although easement holders shall have the obligation to restore the turf to its original condition should it be destroyed or damaged through the exercise of easement rights. However, any easement holder may waive their rights hereunder and consent to the construction of a building or structure upon vacated property. IT IS FURTHER UNDERSTOOD that the area vacated will accrue to the abutting property owners according to law. BE IT FURTHER RESOLVED that the City Clerk shall record a certified copy of this Resolution in the Office of the Kenosha County Register of Deeds and forward a copy of same to all listed Utilities and the City Assessor's Office. BE IT FURTHER RESOLVED that upon recordation of this Resolution, the City of Kenosha Official Map, as initially established by Resolution No. 122-06, adopted on November 6, 2006, and as subsequently amended to the time of recordation of this Resolution, will hereby be amended to include the closing of existing streets, highways, and right-of-ways, which changes are established in this Resolution. Adopted this 17th day of December, 2007.

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NOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICE.21. It was moved by Alderman Ruef, seconded by Alderman Robinson to adopt Resolution 183-07. A public hearing was held. No one spoke for or against said resolution. On roll call vote, motion carried (14-1) with Alderman Pacetti voting nay and said resolution was thereupon adopted as follows:


[UTILITY EASEMENT]TO VACATE AN ALLEY LOCATED

BETWEEN 33RD AND 34TH AVENUES FROM 58TH STREET

TO 60TH STREET PURSUANT TO SECTION 66.1003(4),WISCONSIN

STATUTES [Brandes/Frederick]

WHEREAS, the public interest requires the vacation of an alley located between 33rd and 34th Avenues from 58th Street to 60th Street. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to Section

66.1003(4), Wisconsin Statutes, and by direct action of said Council, an alley, described in Exhibit "A", and legally described as follows: Part of that certain ten (10) feet in width public alley, and part of that certain fourteen (14) feet in width public alley, which lie between 58th Street and 60th Street, and between 33rd Avenue and 34th Avenue, in Lawndale, a subdivision of record in the Southwest Quarter of Section 36, Town 2 North, Range 22 East of the Fourth Principal Meridian, said sections of alley to be vacated being described as follows: Beginning at the northwest corner of Lot 75 of said subdivision; thence south along the west line, and its extension southerly, of Lots 75 thru 80 of said subdivision, 266 feet to the north line of Lot 83 of said subdivision; thence west along the north line of said Lot 83, a distance of 28 feet to the west line of said Lot 83; thence north along the northerly extension of said west line, 14 feet to the south line of Lot 86 of said subdivision; thence east along the south line of said Lot 86, a distance of 18 feet to the east line of said Lot 86; thence north along the east line of Lots 86 thru 91 of said subdivision, 252 feet to the north line of said Lot 91; thence east along the easterly extension of the north line of said Lot 91, a distance of 10 feet to the northwest corner of said Lot 75 and the point of beginning. be, and hereby is, vacated, subject to the following easements which are herein and hereby granted, or created by a reservation of rights. Any and all Utilities, including the City, furnishing gas, sewer, water, electric, telephone and related services, and any City Cable T.V. Franchise Holder, shall have reserved to them or are hereby and herein given and granted, the right, permission, and authority to inspect, repair and maintain their respective existing installation and Utilities in, above and under the above described parcel of property for as long as said installations and facilities are being operated and utilized by them. Said Utilities and Franchise Holder are also given and granted the right, permission and authority to improve

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and expand the scope of the above easements in, above and under the above described parcel of property, and thereafter to inspect, repair and maintain said new additional installations and facilities. Among the specific beneficiaries of this easement shall be the City of Kenosha, City of Kenosha Water Utility, S.B.C. (formerly Ameritech), Wisconsin Electric Power Company, and any holder of a City Cable T.V. Franchise. Easement holders shall, at all times, have reasonable access to their respective installations and facilities, and owners of said parcel of land vacated by this Resolution, shall not interfere with easement rights herein specified or entitled to compensation for anything placed by owners upon said vacated property which may have to be destroyed or removed by easement holders to effectively use their easements, although easement holders shall have the obligation to restore the turf to its original condition should it be destroyed or damaged through the exercise of easement rights. However, any easement holder may waive their rights hereunder and consent to the construction of a building or structure upon vacated property. IT IS FURTHER UNDERSTOOD that the area vacated will accrue to the abutting property owners according to law. BE IT FURTHER RESOLVED that the City Clerk shall record a certified copy of this Resolution in the Office of the Kenosha County Register of Deeds and forward a copy of same to all listed Utilities and the City Assessor's Office. BE IT FURTHER RESOLVED that upon recordation of this Resolution, the City of Kenosha Official Map, as initially established by Resolution No. 122-06, adopted on November 6, 2006, and as subsequently amended to the time of recordation of this Resolution, will hereby be amended to include the closing of existing streets, highways, and right-of-ways, which changes are established in this Resolution.Adopted this 17th day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERKNOTE: MAPS ARE AVAILABLE FOR VIEWING IN THE CITY CLERK'S OFFICE.22. It was moved by Alderman Ruef, seconded by Alderman Polzin to adopt Resolutions 184-07 through 186-07 (items 22 through 24). On roll call vote, motion carried unanimously and said resolutions were thereupon adopted as follows:


TO AMEND RESOLUTION NO. 181-07, ADOPTED ON DECEMBER 5, 2007, WHICH APPROVED THE TABLE OF ORGANIZATION AND MODIFICATION OF THE 2008-2009 COMPENSATION PLANS FOR MANAGERIAL, SUPERVISORY, PROFESSIONAL AND

CONFIDENTIAL EMPLOYEES AND FOR LIMITED TERM, SEASONAL, TEMPORARY AND PART-TIME EMPLOYEES, TO CORRECT SALARY LEVELS ESTABLISHED PURSUANT TO

APPENDICES A, B, C AND DWHEREAS, Resolution No. 181-07, adopted on December 5, 2007, for the City of Kenosha, Wisconsin,

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approved the Table of Organization and Modification of the 2008-2009 Compensation Plans for managerial, supervisory, professional and confidential employees and for limited term, seasonal, temporary and part-time employees; and, WHEREAS, elements of the Compensation Plan as stated in the Appendices to Resolution No. 181-07 were incorrectly stated. NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of Kenosha, Wisconsin, that the 2008-2009 Compensation Plans for managerial, supervisor, professional and confidential employees and for limited term seasonal, temporary and part-time employees be amended pursuant to the attached Appendices A, B, C and D (on file in the Office of the City Clerk). Adopted this 17th day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK23. RESOLUTION NO. 185-07

BY: THE MAYORTO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO

INCLUDE THE ATTACHMENT OF PARCEL NO. 80-4-222-344-0210, ALSO KNOWN AS 6106 – 60TH STREET, IN THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF SOMERS

COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [City of Kenosha, Nash Park – Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel No. 80-4-222-344-0210, also known as 6106 – 60th Street, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on December 17, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel No. 80-4-222-344-0210, also known as 6106 – 60th Street, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel No. 80-4-222-344-0210, also known as 6106 – 60th Street, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 17th day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK


TO AMEND THE OFFICIAL MAP FOR THE CITY OF KENOSHA, WISCONSIN, TO INCLUDE THE ATTACHMENT OF PARCEL NOS. 80-4-222-352-0520; 80-4-222-352-0530; 80-4-

222-352-0540; and, 80-4-222-352-0550, IN THE TOWN OF SOMERS, KENOSHA COUNTY, WISCONSIN, IN ACCORDANCE WITH THE APPROVED CITY OF KENOSHA/TOWN OF

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SOMERS COOPERATIVE PLAN UNDER SECTION 66.0307 OF THE WISCONSIN STATUTES [City of Kenosha – Property Owners]

WHEREAS, the City of Kenosha, Wisconsin, has established an Official Map pursuant to Section 62.23(6), Wisconsin Statutes; and, WHEREAS, the City of Kenosha, Wisconsin, and the Town of Somers, Wisconsin, entered into the City of Kenosha/Town of Somers Cooperative Plan Under Section 66.0307, Wisconsin Statutes, which was approved by the Wisconsin Department of Administration, Intergovernmental Relations, Municipal Boundary Review, on August 8, 2005; and, WHEREAS, it was in the best interest for the public health, safety, and welfare of the City of Kenosha/Town of Somers to attach territory known as Parcel Nos. 80-4-222-352-0520; 80-4-222-352-0530; 80-4-222-352-0540; and, 80-4-222-352-0550, in the Town of Somers, Kenosha County, Wisconsin, to the City of Kenosha, Wisconsin; and, WHEREAS, on December 17, 2007, the Common Council for the City of Kenosha, Wisconsin, approved an Attachment And Temporary Zoning District Classification Ordinance Under Section 66.0307, Wisconsin Statutes, for Parcel Nos. 80-4-222-352-0520; 80-4-222-352-0530; 80-4-222-352-0540; and, 80-4-222-352-0550, in the Town of Somers, Kenosha, Wisconsin, to be attached to the City of Kenosha, Wisconsin, with the Temporary Zoning District Classifications designated therein. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that pursuant to the authority of Section 66.23(6)(c), Wisconsin Statutes, the Official Map of the City of Kenosha, Wisconsin, be and hereby is amended to include the designation of the attachment of territory formerly of the Town of Somers, County of Kenosha, Wisconsin, known as Parcel Nos. 80-4-222-352-0520; 80-4-222-352-0530; 80-4-222-352-0540; and, 80-4-222-352-0550, Kenosha, Wisconsin, as depicted on the Attachment and Temporary Zoning District Classification Ordinance, which is incorporated herein by reference. Adopted this 17th day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK25. It was moved by Alderman Pacetti, seconded by Alderman Pitts to adopt Resolution 187-07. On roll call vote, motion carried (14-1) with Alderman Polzin voting nay and said resolution was thereupon adopted as follows:


TO EXTEND THE MORATORIUM ESTABLISHED BY RESOLUTION NO. 93-06, ADOPTED ON AUGUST 21, 2006, ON CONSIDERATION AND/OR ISSUANCE OF PERMITS NECESSARY

TO PLACE ARTIFICIAL STRUCTURES IN THE PUBLIC RIGHT-OF-WAYWHEREAS, the Common Council of the City of Kenosha, Wisconsin, on August 21, 2006, under Resolution No. 93-06, adopted a moratorium on the granting and/or issuance by any department of the City of any permit required for placement aboveground of artificial structures in or about the right-of-way to allow the City to review the standards for placement of such structures; and, WHEREAS, Resolution No. 109-07, adopted on August 21, 2007, extended the time of the moratorium through January 1, 2008; and, WHEREAS, the review of the utilization of the public right-of-way has been completed and that said review included an analysis of potential public safety and welfare concerns associated with the utilization of the right-of-way by utilities; and, WHEREAS, Ordinances have been proposed by the Mayor to address public safety and welfare concerns associated with the utilization of the right-of-way; and, WHEREAS, one such utility, AT&T, has reviewed the proposed Ordinances and specifically requested additional time to review and address alternative legislative suggestions to the considerations; and, WHEREAS, AT&T representatives have requested that in order to further review the Ordinances and to address alternative legislative suggestions, the Common Council extend the moratorium until March 1, 2008. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Kenosha, Wisconsin, that the moratorium established under Resolution 93-06, adopted August 21, 2006, is extended until March 1, 2008, or, if determined to be necessary, until the adoption of an Ordinance or Ordinances regulating the

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placement aboveground of artificial structures in or about the right-of-way, whichever is earlier. Adopted this 17th day of December, 2007.APPROVED:JOHN M. ANTARAMIAN, MAYORATTEST:DEBRA L. SALAS, DEPUTY CITY CLERK

OTHER CONTRACTS AND AGREEMENTS It was moved by Alderman Marks, seconded by Alderman Ruef, to approve:26. Request from Kenosha County Historical Society & Museum, Inc. for an Extension to their 2006 CDBG Subgrantee Agreement. 27. Development Agreement By and Between the Boys and Girls Club and City of Kenosha for the Development Grant Program for property at the northeast corner of 52nd Street and 14th Avenue. (Aldermanic District #7) (as amended) On roll call vote, motion carried unanimously, with Alderman Pitts abstaining on item 27.

PUBLIC CONSTRUCTION AND IMPROVEMENT CONTRACTS28. It was moved by Alderman Marks, seconded by Alderman Ruef, to approve Award of Contracts:a. Project #07-1409 Washington Park Shelter and Project #07-1410 Miscellaneous Park Shelters (Poerio, Roosevelt & Gangler) to Camosy, Inc., (Kenosha, Wisconsin) in the amount of $124,000.00.b. Project #07-1413 Columbus Park Parking Lot and Project #07-1412 Poerio Park Paved Trail to Payne & Dolan, (Kenosha, Wisconsin) in the amount of $132,000.00. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON FINANCE29. It was moved by Alderman Marks, seconded by Alderman Ruef, to approve Approve Disbursement Record #22 – $4,850,297.29. On roll call vote, motion carried unanimously.

RECOMMENDATIONS FROM THE COMMITTEE ON PUBLIC WORKS It was moved by Alderman Marks, seconded by Alderman Ruef to approve Final Acceptance of:30. a. Project #06-1420 Kenosha Baseball Complex Sports Lighting (3800 42nd Street) completed by Page Electric Co. Inc., (Berlin, Wisconsin) in the amount of $235,962.00. (District 10)b. Project #07-1016 Resurfacing Washington Road (32nd to 39th Avenue) completed by Payne & Dolan, Kenosha, Wisconsin in the amount of $196,821.97. (Districts 5 & 10)c. Paving and Drainage Improvements in Sun Point Village and Park View Heights Subdivision. (District 5) On roll call vote, motion carried unanimously.

ADJOURNMENT There being no further business to come before the Common Council, it was moved by Alderman Sinclair, seconded by Alderman Robinson, to adjourn at 7:55 p.m. On a voice vote, motion carried.


MAYOR


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DEPUTY CITY CLERK

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