TUESDAY, AUGUST 16, 2005, 6:30 P.M.
CITY OF OAK CREEK
MILWAUKEE COUNTY
The meeting began with the Pledge of Allegiance being said by all present.
Mayor Bolender called the meeting to order at 6:30 p.m. On roll call, the following aldermen were present: Ald. Kopplin, Ald. Foeckler (arrived at 6:40 p.m.), Ald. Lampe, Ald. Toman, Ald. Grabowski, and Ald. Jonas. Also present were: City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, Director of Parks, Recreation and Forestry Douglas Schachtner, Finance Manager RoseAnn Underberg, City Engineer Wayne St. John, Fire Chief Gerard Hammernik (arrived at 9:00 p.m.), and City Clerk Beverly Buretta.
Ald. Grabowski, seconded by Ald. Jonas, moved to approve the minutes of the 8/1/05 and 8/4/05 meetings as published. All voted aye; motion carried.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY MENARD, INC., TO REZONE PORTIONS OF 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 CONDITIONAL USE PERMIT FOR LUMBER YARD WITH OUTDOOR STORAGE.
A public hearing was held to 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. A summary transcript is available in the City Clerk’s Office (see item 7 for action on this hearing).
2. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY WIMMER BROTHERS TO REZONE PROPERTY AT 6865 S. 13TH ST. FROM RS-4 SINGLE FAMILY RESIDENTIAL TO RM-1 MULTI-FAMILY RESIDENTIAL, WITH CONDITIONAL USE FOR MULTIPLE-FAMILY DWELLINGS IN EXCESS OF FOUR DWELLING UNITS PER STRUCTURE; AND REQUEST FOR CONDITIONAL USE FOR PROPERTIES AT 6871, 6883 AND 6955 S. 13TH ST. TO ALLOW FOR MULTIPLE-FAMILY DWELLINGS IN EXCESS OF FOUR DWELLING UNITS PER STRUCTURE.
A public hearing was held to 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. A summary transcript is available in the City Clerk’s Office (see item 8 for action on this hearing).
3. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY TO AMEND SECTIONS 17.1305, 17.1306, 17.1307, 17.1308 AND 17.0310 OF MUNICIPAL CODE REGARDING SIDE SETBACK FOR SIDE ENTRY GARAGES.
A public hearing was held to 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. A summary transcript is available in the City Clerk’s Office (see item 9 for action on this hearing).
4. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY TO AMEND SECTION 17.0502(E) OF MUNICIPAL CODE REGARDING ORNAMENTAL FENCES.
A public hearing was held to consider a proposal by the City of Oak Creek to amend Section 17.0502(e) of the Municipal Code regarding ornamental fences. A summary transcript is available in the City Clerk’s Office (see item 10 for action on this hearing).
5. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY TO AMEND SECTION 17.0501 OF MUNICIPAL CODE REGARDING LOCATION OF ACCESSORY USES AND STRUCTURES.
A public hearing was held to 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. A summary transcript is available in the City Clerk’s Office (see item 11 for action on this hearing).
6. PUBLIC HEARING HELD TO CONSIDER FLOODPLAIN ZONING ORDINANCE AFFECTING VARIOUS SECTIONS OF CHAPTER 17.
A public hearing was held to 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. A summary transcript is available in the City Clerk’s Office (see item 12 for action on this hearing).
7. PRESENTED AND ADOPTED AS AMENDED: ORDINANCE NO. 2367, REZONING PORTIONS OF 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 ISSUANCE OF CONDITIONAL USE PERMIT FOR LUMBER YARD WITH OUTDOOR STORAGE (MENARD, INC.).
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt 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.). Motion, with second agreeing, was amended to modify the ordinance on page 2, paragraph 2, line 2 to delete the word “not”. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
8. PRESENTED AND ADOPTED: ORDINANCE NO. 2368, REZONING PROPERTY AT 6865 S. 13TH ST. FROM RS-4 SINGLE FAMILY RESIDENTIAL TO RM-1 MULTI-FAMILY RESIDENTIAL AND AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR MULTIPLE-FAMILY DWELLINGS IN EXCESS OF FOUR DWELLING UNITS PER STRUCTURE TO PROPERTIES AT 6865, 6871, 6883 AND 6955 S. 13TH ST.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt 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 dwelling units per structure to the properties at 6865, 6871, 6883 and 6955 S. 13th St. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
9. PRESENTED AND ADOPTED: ORDINANCE NO. 2365, AMENDING SECTIONS 17.1305, 17.1306, 17.1307, 17.1308, AND 17.1310 OF MUNICIPAL CODE REGARDING SIDE YARD SETBACKS FOR RESIDENTIAL BUILDINGS WITH SIDE ENTRY GARAGES.
Ald. Grabowski, seconded by Ald. Jonas, moved to adopt 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. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
10. PRESENTED AND ADOPTED AS AMENDED: ORDINANCE NO. 2364, AMENDING SECTIONS 17.0502 AND 17.1401 OF MUNICIPAL CODE REGARDING ORNAMENTAL FENCES.
Ald. Grabowski, seconded by Jonas, moved to adopt Ordinance No. 2364, amending Sections 17.0502 and 17.1401 of the Municipal Code regarding ornamental fences, with additions to the first and second sentences of Section 17.0502(e) to include “unless authorized by the Plan Commission”, the addition of “Ornamental fences shall not be chain link or wire fences” to the last line of Section 17.0502(e), and the addition of “A chain link or wire fence is not considered an ornamental fence” to the last line of Section 17.1401. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, no; Ald. Grabowski, aye; and Ald. Jonas, aye.
11. PRESENTED AND ADOPTED: ORDINANCE NO. 2366, AMENDING SECTION 17.0501 OF MUNICIPAL CODE REGARDING ACCESSORY USES.
Ald. Grabowski, seconded by Ald. Lampe, moved to adopt Ordinance No. 2366, amending Section 17.0501 of the Municipal Code regarding accessory uses. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
12. DIRECTED HELD TO SPECIAL MEETING 8/30/05: ORDINANCE NO. 2360, FLOODPLAIN ZONING ORDINANCE AFFECTING VARIOUS SECTIONS OF CHAPTER 17.
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 was directed held to a special meeting on 8/30/05 at 7:00 p.m.
13. COUNCIL CONCURS WITH CDA AND SELECTS FIRM OF HNTB TO PROVIDE DEVELOPMENT ADVISORY SERVICES TO CITY FOR S. 27TH ST., AND AUTHORIZES MAYOR AND ACTING CITY ADMINISTRATOR TO ENTER INTO CONTRACT FOR THOSE SERVICES.
Ald. Foeckler, seconded by Ald. Jonas, moved 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. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
14. PRESENTED AND ADOPTED: RESOLUTION NO. 10502-040405, APPROVING LICENSE AGREEMENT WITH WE ENERGIES FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF RECREATIONAL TRAIL.
Ald. Toman, seconded by Ald. Lampe, moved to adopt Resolution No. 10502-040405, approving a license agreement with WE Energies for the construction, operation and maintenance of a recreational trail. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
15. PRESENTATION OF 2004 AUDIT MADE BY REPRESENTATIVES OF VIRCHOW, KRAUSE & COMPANY, LLP.
A presentation of 2004 audit was made by representatives of Virchow, Krause & Company, LLP.
16. PRESENTED AND ADOPTED: RESOLUTION NO. 10541-081605, RESOLUTION ACCEPTING 2004 FINANCIAL STATEMENT AND AUDITORS’ REPORT AS PREPARED AND PRESENTED BY VIRCHOW, KRAUSE & COMPANY, LLP.
Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Resolution No. 10541-081605, a resolution accepting the 2004 Financial Statement and Auditors’ Report as prepared and presented by Virchow, Krause & Company, LLP. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
17. PRESENTED AND ADOPTED: RESOLUTION NO. 10538-081605, ACCEPTING LIABILITY INSURANCE PROPOSAL FROM CITIES & VILLAGES MUTUAL INSURANCE COMPANY (CVMIC) AND AGREEING TO CONTINUE CITY’S MEMBERSHIP IN CVMIC FOR POLICY YEARS 2006, 2007 AND 2008; AND AUTHORIZING CITY CLERK TO EXECUTE MEMBERSHIP AND PREMIUM ACCEPTANCE DOCUMENTS, WITH SELECTION OF OPTION 1, $37,500 RETENTIONS.
Ald. Jonas, seconded by Ald. Kopplin, moved to take the following action:
a. adopt 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
b. authorize the City Clerk to execute the membership and premium acceptance documents, with selection of Option 1, $37,500 Retentions.
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
18. VENDOR SUMMARY REPORT APPROVED.
Ald. Grabowski, seconded by Ald. Jonas, moved to approve the Vendor Summary Report in the amount of $269,688.26. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
19. SALARY RANGE OF $70,000 TO $109,200 ESTABLISHED FOR CITY ADMINISTRATOR POSITION.
After Council discussion on a salary range for the City Administrator position, Ald. Toman, seconded by Ald. Foeckler, moved to establish a salary range of $70,000 to $109,200 for the current recruitment for City Administrator. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
20. LICENSE COMMITTEE.
Ald. Jonas, seconded by Ald. Grabowski, moved to grant Operator’s licenses to the following:
Jeffrey Thomas Piel, 2408 N. Murray Ave., Milwaukee (Rafters)
Gina Mia Treffert, 7539 S. Quincy Ave. (Jazzbro’s)
Michael Dean Monti, 3327 Oakwood Dr., Racine (Applebee’s); and
Continue to hold the renewal Class B Combination license for the 2005-06 licensing year (updated information has been requested from various departments for review by License Committee):
Name Location Home Address
Sunset, Inc. 924 E. Rawson Ave. 931 E. Drexel Ave.
Nedzat (John) Ziba, Agent
(Sunset Restaurant)
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
21. COUNCIL ACCEPTS WRITTEN QUOTE FROM NIELSEN BUILDING SYSTEMS FOR BUILDING REPAIRS TO BUILDING NO. 2 ON STREET DEPARTMENT GROUNDS IN AMOUNT OF $21,500.00.
Ald. Kopplin, seconded by Ald. Foeckler, moved 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. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
22. PRESENTED AND ADOPTED: RESOLUTION NO. 10539-081605, APPROVING CSM FOR PROPERTY AT 808 E. FITZSIMMONS RD. (EILEEN HENKEL).
Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10539-081605, approving a certified survey map for the property at 808 E. Fitzsimmons Rd. (Eileen Henkel). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
23. PRESENTED AND ADOPTED: RESOLUTION NO. 10540-081605, APPROVING FINAL PLAT FOR CARROLLVILLE CROSSINGS SUBDIVISION.
Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10540-081605, approving the final plat for the Carrollville Crossings subdivision. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
24. COUNCIL AUTHORIZES TEMPORARY STREET PARKING ALONG W. BURKHARD CT. DURING BUILDING ADDITION CONSTRUCTION AT NUCOR COLD FINISH WISCONSIN, INC.
Ald. Kopplin, seconded by Ald. Grabowski, moved 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). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
25. PRESENTED AND ADOPTED: RESOLUTION NO. 10536-081605, APPROVING AMENDMENT TO OAKWOOD CROSSINGS BUSINESS CENTER – PHASE 1 DEVELOPMENT AGREEMENT, PROVIDING FOR EXTENSION OF PUBLIC SANITARY SEWER (PROJECT NO. 03053).
Ald. Grabowski, seconded by Ald. Jonas, moved to adopt 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). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
26. PRESENTED AND ADOPTED: RESOLUTION NO. 10537-081605, ACCEPTING DEDICATION OF PUBLIC SANITARY SEWER, WATER MAIN AND STREET LIGHTING IMPROVEMENTS FOR CARROLLVILLE CROSSINGS SUBDIVISION (PROJECT NOS. 03067 AND 03068).
Ald. Toman, seconded by Ald. Grabowski, moved to adopt 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). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
27. EXECUTIVE SESSION HELD.
Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session at 10:00 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(e)(g) to discuss the following:
a. potential litigation relating to the claim brought by the Attorney General regarding sanitary sewer overflow litigation;
b. the method of handling the plan approvals and inspections for construction of the Elm Road Generating Station;
c. negotiations and potential litigation regarding the power plant expansion.
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
28-29. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.
Ald. Foeckler, seconded by Ald. Kopplin, moved to reconvene into Open Session at 10:50 p.m. All voted aye; motion carried. No action was taken.
ADJOURNMENT.
Ald. Foeckler, seconded by Ald. Kopplin, moved to adjourn this meeting at 10:50 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor