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 7:00 p.m. On roll call, the following aldermen were present: Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Toman, Ald. Grabowski, and Ald. Jonas (arrived at 7:03 p.m. and left at 8:44 p.m.). Also present were: City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Fire Chief Brian Satula, Street Superintendent William Schaper, Facilities Manager Richard Kulka, City Forester Rebecca Lane, and City Clerk Beverly Buretta.
Ald. Grabowski, seconded by Ald. Foeckler, moved to approve the minutes of the 3/7/06 meeting as published. All voted aye; motion carried.
1. PUBLIC HEARING HELD TO CONSIDER REQUEST BY SUE ANN MC COTTER, CENTRAL BARK DOGGY DAY CARE, FOR CONDITIONAL USE PERMIT FOR ANIMAL BOARDING KENNEL FOR PORTION OF PROPERTY AT 1075 W. NORTHBRANCH DR.
A public hearing was held to consider a request by Sue Ann McCotter, Central Bark Doggy Day Care, for a conditional use permit for an animal boarding kennel for a portion of the property at 1075 W. Northbranch Dr. A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).
2. PRESENTED AND ADOPTED: ORDINANCE NO. 2396, GRANTING CONDITIONAL USE PERMIT FOR ANIMAL BOARDING KENNEL FOR PROPERTY AT 1075 W. NORTHBRANCH DR. (CENTRAL BARK DOGGY DAY CARE).
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2396, granting a conditional use permit for an animal boarding kennel for the property at 1075 W. Northbranch Dr. (Central Bark Doggy Day Care), including renumbering of the section numbers in the ordinance, modifications to the conditions and restrictions confirming that the maximum interior area of the building that may be used for an animal boarding kennel shall be limited to 6,000 sq. ft. (and a maximum of 43 dogs); Section 8 – Permitted Uses (b) - should read M-1 Manufacturing; Section 6 – Maintenance and Operation (j) - the reference to kennel licensing as Section 7.6, will be changed to changed to 7.60-7.65. 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.
3. PRESENTED AND ADOPTED: RESOLUTION NO. 10615-032106, APPROVING SOUTH 27TH STREET URBAN VILLAGE IMPLEMENTATION PLAN AND IMPACT ANALYSIS.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10615-032106, approving the South 27th Street Urban Village Implementation Plan and Impact Analysis. 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.
4. VENDOR SUMMARY REPORT APPROVED.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $409,582.93. 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.
5. COUNCIL APPROVES PURCHASE OF 2006 CHEVROLET EXPRESS CARGO VAN (2500) FOR MAINTENANCE DEPT. BASED ON STATE BID THROUGH EWALD AUTOMOTIVE, IN AMOUNT OF $15,656.00.
Ald. Jonas, seconded by Ald. Toman, moved to approve the purchase of a 2006 Chevrolet Express cargo van (2500) for the Maintenance Department based on the state bid through Ewald Automotive, in the amount of $15,656.00 (replacement vehicle). 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.
6. COUNCIL AUTHORIZES PURCHASE OF SIX EDGE ACCESSIBLE VOTING SYSTEMS, IN ACCORDANCE WITH THE FEDERAL HELP AMERICA VOTE ACT (HAVA), FROM COMMAND CENTRAL/SEQUOIA, FOR AMOUNT NOT-TO-EXCEED $36,000.00, AND AUTHORIZES MAYOR AND CITY CLERK TO EXECUTE GRANT APPLICATION TO WISCONSIN STATE ELECTIONS BOARD FOR REIMBURSEMENT.
Ald. Kopplin, seconded by Ald. Grabowski, moved to:
a. Authorize the purchase of six Edge accessible voting systems, in accordance with the federal Help America Vote Act (HAVA), from Command Central/Sequoia, for an amount not-to-exceed $36,000.00; and
b. Authorize the Mayor and City Clerk to execute a grant application to the Wisconsin State Elections Board for reimbursement.
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.
7. COUNCIL DENIES INVITATION TO JOIN WISCONSIN UTILITY TAX ASSOCIATION (WUTA).
Ald. Foeckler, seconded by Ald. Grabowski, moved to deny the invitation to join the Wisconsin Utility Tax Association (WUTA). 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. AFTER DISCUSSION RELATING TO AB 1089, CREATING LOCAL AIRPORT DISTRICT, COUNCIL DIRECTS STAFF TO PREPARE RESOLUTION IN OPPOSITION AND TO INVITE SENATOR PLALE AND REPRESENTATIVES HONADEL AND STONE TO ATTEND FUTURE COUNCIL MEETING.
After Council discussion relating to Assembly Bill 1089, creating a local airport district, Ald. Grabowski, seconded by Ald. Foeckler, moved to direct staff to prepare a resolution in opposition and to send a letter to Senator Jeff Plale and Representatives Mark Honadel and Jeff Stone inviting them to attend the council meeting at which this resolution will be considered. 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, no.
9. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Foeckler, moved to take the following action:
Grant an original Class B Combination license to Melrose Eatery, Inc., Konstantinos (Gus) Spyropoulos, Agent, for Judy’s Family Restaurant, 6840 S. 27th St., with issuance subject to receipt of Wisconsin receipt of an occupancy permit;
Grant an Operator’s license:
Angela Lee Armstrong, 4719 Sunnyside Ave., Racine (Bender Park Pub)
Sam G. Diamantopoulos, 8120 75th St., #3, Kenosha (Judy’s Family Restaurant); and
Hold the 5th Avenue Mobile Home Park license renewal application and invite the owners to attend a License Committee meeting. 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. COUNCIL AWARDS 2006 STREET TREE PURCHASE (PROJECT NO. 06002) TO SILVER CREEK NURSERY ($4,189.50) AND JOHNSON’S NURSERY ($32,500.00) FOR TOTAL OF $36,689.50.
Ald. Kopplin, seconded by Ald. Grabowski, moved to award the 2006 street tree purchase (Project No. 06002) to the following nurseries: Silver Creek Nursery ($4,189.50) and Johnson’s Nursery ($32,500.00) for a total of $36,689.50. 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.
11. COUNCIL APPROVES PURCHASE OF ONE 2007 REFUSE COLLECTION, AUTOMATED SIDE LOADER FROM TRUCK COUNTRY OF WISCONSIN IN AMOUNT OF $165,015.00.
Ald. Jonas, seconded by Ald. Kopplin, moved to approve the recommendation of the Street Superintendent to purchase one 2007 refuse collection, automated side loader from Truck Country of Wisconsin in the amount of $165,015.00. 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.
12. COUNCIL APPROVES TRANSFER OF $14,450.00 FROM 2004 CONCRETE REPLACEMENT PROGRAM TO COLD STORAGE BUILDING FUND FOR PURPOSE OF INSTALLING CONCRETE FLOOR IN NEW BUILDING.
Ald. Jonas, seconded by Ald. Foeckler, moved to approve the recommendation of the Street Superintendent to transfer $14,450.00 from the 2004 concrete replacement program to the cold storage building fund for the purpose of installing a concrete floor in the new building. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
13. PRESENTED AND ADOPTED: RESOLUTION NO. 10618-032106, ACCEPTING 2005 ANNUAL REPORT FOR OAK CREEK’S WPDES STORM WATER (NR 216) PERMIT.
Ald. Kopplin, seconded by Ald. Jonas, moved to adopt Resolution No. 10618-032106, accepting the 2005 Annual Report for Oak Creek’s WPDES Storm Water (NR 216) permit. 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. COUNCIL APPROVES ENTERING INTO CONTRACT WITH R. A. SMITH & ASSOCIATES, INC., FOR DESIGN OF E. PUETZ RD. AND S. SHEPARD AVE. INTERSECTION IMPROVEMENT PROJECT FOR ACTUAL COST FEE NOT TO EXCEED $74,126.00 (PROJECT NO. 06011).
Ald. Grabowski, seconded by Ald. Kopplin, moved to enter into a contract with R. A. Smith & Associates, Inc., for the design of the E. Puetz Rd. and S. Shepard Ave. intersection improvement project for an actual cost fee not to exceed $74,126.00 (Project No. 06011). 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. COUNCIL AUTHORIZES PAYMENT OF CONTRACTED INSPECTION SERVICE PAYMENT FOR PROJECT NOS. 05056 AND 03052.
Ald. Grabowski, seconded by Ald. Jonas, moved to authorize payment of the contracted inspection service payment for Project Nos. 05056 and 03052. 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.
16. PRESENTED AND ADOPTED: RESOLUTION NO. 10616-032106, APPROVING CSM FOR PROPERTY AT 2327 W. RYAN RD. (COUSIN’S SUBMARINES).
Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10616-032106, approving a certified survey map for the property at 2327 W. Ryan Rd. (Cousin’s Submarines). On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.
17. PRESENTED AND ADOPTED: RESOLUTION NO. 10617-032106, APPROVING CSM FOR PROPERTIES AT 7801 AND 7821 S. HOWELL AVE. (GUARDIAN CREDIT UNION).
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10617-032106, approving a certified survey map for the properties at 7801 and 7821 S. Howell Ave. (Guardian Credit Union). 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. EXECUTIVE SESSION HELD.
Ald. Grabowski, seconded by Ald. Foeckler, moved to convene into Executive Session at 8:44 p.m., pursuant to Wisconsin State Statutes, to discuss the following:
a. Section 19.85(1)(e) to discuss an offer to purchase a strip of land at the southwest corner of Oakwood Rd. and Howell Ave.; and
b. Section 19.85(1)(e)(g) to discuss a proposed settlement with Legacy Timber Ridge LLC and Weiss Real Estate Trust regarding the lawsuits pending in Milwaukee County Circuit Court related to claims for excessive assessment for the 2004 assessment.
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 abstained from voting.
19. COUNCIL RECONVENES INTO OPEN SESSION.
Ald. Grabowski, seconded by Ald. Foeckler, moved to reconvene into Open Session at 9:05 p.m. On roll call, all voted aye.
20. COUNCIL TAKES ACTION ON EXECUTIVE SESSION ITEMS.
Ald. Grabowski, seconded by Ald. Foeckler, moved to approve acceptance of the offer to purchase a strip of land at the southwest corner of Oakwood Rd. and Howell Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
Ald. Grabowski, seconded by Ald. Foeckler, moved to approve the proposed settlement with Legacy Timber Ridge LLC and Weiss Real Estate Trust regarding lawsuits pending in Milwaukee County Circuit Court regarding claims for excessive assessments for the 2004 assessment. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adjourn at 9:05 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor