COMMON COUNCIL MEETING AGENDA

TUESDAY, AUGUST 16, 2005 AT 6:30 P.M.

OAK CREEK CITY HALL COUNCIL CHAMBERS
8640 S. HOWELL AVE.

VISIT OUR WEBSITE AT WWW.OAKCREEKWI.ORG FOR THE AGENDA
AND ACCOMPANYING COMMON COUNCIL REPORTS.

Call Meeting to Order

Pledge of Allegiance

Approval of Minutes:  8/1/05 and 8/4/05, as published

Public Hearings (beginning at 7:00 p.m.) Citizen input, comments and suggestions are requested on the specific item(s) identified below.  Action by the Council may occur at the same meeting if so included in the agenda.

  1. Rezone:  Consider a proposal by Menard, Inc., to rezone portions of the properties at 6800, 6840 and 6868 S. 27th St. from B-2 Community Business, Rs-4 Single Family Residential and Rd-1 Two-Family Residential to B-4 Highway Business, and to grant a conditional use permit for a lumber yard with outdoor storage (2nd District).
  2. Rezone:  Consider a proposal by Wimmer Brothers to rezone the property at 6865 S. 13th St. from Rs-4 Single Family Residential to Rm-1 Multi-Family Residential, with a conditional use for multiple-family dwellings in excess of four dwelling units per structure.  In addition, Wimmer Brothers is requesting that a conditional use be granted for the properties at 6871, 6883 and 6955 S. 13th St. to allow for multiple-family dwellings in excess of four dwelling units per structure (1st District).
  3. Zone Text Amendment:  Consider a proposal by the City of Oak Creek to amend Sections 17.1305, 17.1306, 17.1307, 17.1308 and 17.0310 of the Municipal Code regarding the side setback for side entry garages (by Committee of the Whole).
  4. Zone Text Amendment:  Consider a proposal by the City of Oak Creek to amend Section 17.0502(e) of the Municipal Code regarding ornamental fences (by Committee of the Whole).
  5. Zone Text Amendment:  Consider a proposal by the City of Oak Creek to amend Section 17.0501 of the Municipal Code regarding the location of accessory uses and structures (by Committee of the Whole).
  6. Floodplain Zoning Ordinance:  Consider a proposal by the City of Oak Creek to consider a floodplain zoning ordinance to repeal and recreate Section 17.0301(c) of the Municipal Code relating to floodplain district boundaries, to repeal and recreate Section 17.0301(f) of the Municipal Code relating to annexations containing floodplains, to repeal and recreate Section 17.0321, 17.0322, 17.0323 and 17.0324 of the Municipal Code relating to floodplain zoning districts, to repeal and recreate Section 17.0809 of the Municipal Code relating to floodproofing, to repeal and recreate Section 17.0906 of the Municipal Code relating to floodplain nonconforming uses, to repeal and recreate Section 17.1002(d) of the Municipal Code relating to public information, to repeal and recreate Section 17.1003(g) of the Municipal Code relating to zoning administrator, to repeal and recreate Section 17.1005(c) of the Municipal Code relating to building permits, to repeal and recreate Section 17.1006(b) of the Municipal Code relating to certificates of compliance, to repeal and recreate Section 17.1007(b), 17.1007(c) and 17.1007(h) of the Municipal Code relating to conditional use permits, to create Section 17.1050 of the Municipal Code relating to the administration of the floodplain zoning districts, to create Section 17.1051 of the Municipal Code relating to floodplain zoning enforcement and penalties, to repeal and recreate Section 17.1106 of the Municipal Code relating to notice to DNR, to repeal and recreate Section 17.1107(f) of the Municipal Code relating to zoning board of appeals floodplain district findings, to repeal and recreate Section 17.1108(b) of the Municipal Code relating to floodplain boundary disputes, to repeal and recreate Section 17.1109(c) of the Municipal Code relating to zoning board of appeals floodplain district decisions, to repeal and recreate Section 17.1207 of the Municipal Code relating to floodplain zoning district boundary amendments and to amend Section 17.1402 of the Municipal Code relating to definitions (by Committee of the Whole).

    7. Old Business

  7. Ordinance:  Consider ordinance No. 2367, rezoning portions of the properties at 6800, 6840 and 6868 S. 27th St. from B-2 Community Business, Rs-4 Single Family Residential, and Rd-1 Two-Family Residential to B-4 Highway Business, and authorizing the issuance of a conditional use permit for a lumber yard with outdoor storage (Menard, Inc.) (2nd District).
  8. Ordinance:  Consider ordinance No. 2368, rezoning the property at 6865 S. 13th St. from Rs-4 Single Family Residential to Rm-1 Multi-Family Residential and authorizing the issuance of a conditional use permit for multiple-family dwellings in excess of four (4) dwelling units per structure to the properties at 6865, 6871, 6883 and 6955 S. 13th St. (1st District).
  9. Ordinance:  Consider ordinance No. 2365, amending Sections 17.1305, 17.1306, 17.1307, 17.1308, and 17.1310 of the Municipal Code regarding the side yard setbacks for residential buildings with side entry garages (by Committee of the Whole).
  10. Ordinance:  Consider ordinance No. 2364, amending Sections 17.0502 and 17.1401 of the Municipal Code regarding ornamental fences (by Committee of the Whole).
  11. Ordinance:  Consider ordinance No. 2366, amending Section 17.0501 of the Municipal Code regarding accessory uses (by Committee of the Whole).
  12. Ordinance:  Consider ordinance No. 2360, to repeal and recreate Section 17.0301(c) of the Municipal Code relating to floodplain district boundaries, to repeal and recreate Section 17.0301(f) of the Municipal Code relating to annexations containing floodplains, to repeal and recreate Section 17.0321, 17.0322, 17.0323 and 17.0324 of the Municipal Code relating to floodplain zoning districts, to repeal and recreate Section 17.0809 of the Municipal Code relating to floodproofing, to repeal and recreate Section 17.0906 of the Municipal Code relating to floodplain nonconforming uses, to repeal and recreate Section 17.1002(d) of the Municipal Code relating to public information, to repeal and recreate Section 17.1003(g) of the Municipal Code relating to zoning administrator, to repeal and recreate Section 17.1005(c) of the Municipal Code relating to building permits, to repeal and recreate Section 17.1006(b) of the Municipal Code relating to certificates of compliance, to repeal and recreate Section 17.1007(b), 17.1007(c) and 17.1007(h) of the Municipal Code relating to conditional use permits, to create Section 17.1050 of the Municipal Code relating to the administration of the floodplain zoning districts, to create Section 17.1051 of the Municipal Code relating to floodplain zoning enforcement and penalties, to repeal and recreate Section 17.1106 of the Municipal Code relating to notice to DNR, to repeal and recreate Section 17.1107(f) of the Municipal Code relating to zoning board of appeals floodplain district findings, to repeal and recreate Section 17.1108(b) of the Municipal Code relating to floodplain boundary disputes, to repeal and recreate Section 17.1109(c) of the Municipal Code relating to zoning board of appeals floodplain district decisions, to repeal and recreate Section 17.1207 of the Municipal Code relating to floodplain zoning district boundary amendments and to amend Section 17.1402 of the Municipal Code relating to definitions (by Committee of the Whole).
  13. Motion:  Consider a motion to concur with the Community Development Authority (CDA) and select the firm of HNTB to provide development advisory services to the City for S. 27th St., and to authorize the Mayor and Acting City Administrator to enter into a contract for those services (2nd and 6th Districts) (held 8/1/05).
  14. Resolution:  Consider resolution No. 10502-040405, approving a license agreement with WE Energies for the construction, operation and maintenance of a recreational trail (held 4/4/05) (4th District).

    15. Action Presentations

    Mayor and Council

  15. Presentation (6:30 p.m.):  Presentation of 2004 audit by representatives of Virchow, Krause & Company, LLP.
  16. Resolution:  Consider resolution No. 10541-081605, a resolution accepting the 2004 Financial Statement and Auditors’ Report as prepared and presented by Virchow, Krause & Company, LLP (by Committee of the Whole).
  17. Motion:  Consider a motion to take the following action (by Committee of the Whole):
    1. Resolution:  Consider resolution No. 10538-081605, accepting the liability insurance proposal from Cities & Villages Mutual Insurance Company (CVMIC) and agreeing to continue the City’s membership in CVMIC for policy years 2006, 2007 and 2008; and
    2. Motion:  Consider a motion to authorize the City Clerk to execute the membership and premium acceptance documents, with selection of Option 1, $37,500 Retentions.
  18.        Motion: Consider a motion to approve the Vendor Summary Report in the amount of $269,688.26 (by Committee of the Whole).
  19. Discussion:  Discussion on a salary range for the City Administrator position.

    20. License Committee

  20. Motion: Consider a motion to take action on the various license requests as listed on the attached report (by Committee of the Whole).

    21. Streets

  21. Motion:  Consider a motion to approve the recommendation of the Street Superintendent and accept the written quote from Nielsen Building Systems for building repairs to Building No. 2 on the Street Department grounds in the amount of $21,500.00. (by Committee of the Whole).

    22. Community Development

  22. Resolution:  Consider resolution No. 10539-081605, approving a certified survey map for the property at 808 E. Fitzsimmons Rd. (Eileen Henkel) (5th District).
  23. Resolution:  Consider resolution No. 10540-081605, approving the final plat for the Carrollville Crossings subdivision (4th District).

    24. Engineering

  24. Motion:  Consider a motion to authorize temporary street parking along W. Burkhard Ct. during the building addition construction at NuCor Cold Finish Wisconsin, Inc. (parking will not be permitted in the cul-de-sac or in front of the fire hydrants) (1st District).
  25. Resolution:  Consider resolution No. 10536-081605, approving an amendment to the Oakwood Crossings Business Center – Phase 1 development agreement, providing for the extension of public sanitary sewer (Project No. 03053) (5th District).
  26. Resolution:  Consider resolution No. 10537-081605, accepting the dedication of public sanitary sewer, water main and street lighting improvements for the Carrollville Crossings subdivision (Project Nos. 03067 and 03068) (4th District).

    27. Miscellaneous

  27. Motion:  Consider a motion to convene into Executive Session immediately following the conclusion of the Common Council meeting, pursuant to Wisconsin State Statutes, Section 19.85(1)(e)(g) to discuss the following:
    1. potential litigation relating to the claim brought by the Attorney General regarding sanitary sewer overflow litigation;
    2. the method of handling the plan approvals and inspections for construction of the Elm Road Generating Station;
    3. negotiations and potential litigation regarding the power plant expansion.
  28. Motion:  Consider a motion to reconvene into Open Session.
  29. Motion:  Consider a motion to take action, if required.

Adjournment.

Public Notice

Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far in advance as possible preferably a minimum of 48 hours. For additional information or to request this service, contact the Oak Creek City Clerk at 768-6511, (FAX) 768-9587, (TDD) 768-6513 or by writing to the ADA Coordinator at the Health Department, City Hall, 8640 S. Howell Avenue, Oak Creek, Wisconsin 53154.

It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other than the governmental body specifically referred to above in this notice.