TUESDAY, MAY 16, 2006, 7:00 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 7:00 p.m. On roll call, the following aldermen were present: Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Toman, Ald. Grabowski, and Ald. Michalski. Also present were: City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Police Chief Thomas Bauer, Police Lieutenant Dan Hermann, Fire Chief Brian Satula, and Deputy City Clerk Pam Bauer.
Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the minutes of the 5/2/06 meeting as published. All voted aye; motion carried.
1. PUBLIC HEARING HELD CONSIDER PROPOSAL BY WILLIAM KNAPP AND FIRST INDUSTRIAL REALTY TO REZONE PROPERTY AT 7466 S. HOWELL AVE. FROM RS-3 SINGLE FAMILY RESIDENTIAL TO B-4 HIGHWAY BUSINESS, M-1 MANUFACTURING PUD.
A public hearing was held to consider a proposal by William Knapp and First Industrial Realty to rezone the property at 7466 S. Howell Ave. from Rs-3 Single Family Residential to B-4 Highway Business, M-1 Manufacturing PUD. A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).
2. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY GUARDIAN CREDIT UNION FOR CONDITIONAL USE PERMIT THAT WOULD ALLOW DRIVE-THROUGH BANK IN B-2 COMMUNITY BUSINESS ZONING DISTRICT FOR PROPERTIES AT 7801 AND 7821 S. HOWELL AVE.
A public hearing was held to consider a proposal by Guardian Credit Union for a conditional use permit that would allow a drive-through bank in the B-2 Community Business zoning district for the properties at 7801 and 7821 S. Howell Ave. A summary transcript is available in the City Clerk’s Office (see item 5 for action on this hearing).
3. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY MC DONALD’S CORPORATION FOR CONDITIONAL USE PERMIT THAT WOULD ALLOW DRIVE-THROUGH RESTAURANT IN B-4 PUD HIGHWAY BUSINESS ZONING DISTRICT FOR PROPERTIES AT 9441 AND 9471 S. 13TH ST.
A public hearing was held to consider a proposal by the McDonald’s Corporation for a conditional use permit that would allow a drive-through restaurant in the B-4 PUD Highway Business zoning district for the properties at 9441 and 9471 S. 13th St. A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).
4. PRESENTED AND ADOPTED: ORDINANCE NO. 2405, REZONING PROPERTY AT 7466 S. HOWELL AVE. FROM RS-3 SINGLE FAMILY RESIDENTIAL TO B-4 HIGHWAY BUSINESS, M-1 MANUFACTURING PUD (WILLIAM KNAPP AND FIRST INDUSTRIAL REALTY).
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2405, rezoning the property at 7466 S. Howell Ave. from Rs-3 Single Family Residential to B-4 Highway Business, M-1 Manufacturing PUD (William Knapp and First Industrial Realty). 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. Michalski, aye.
5. PRESENTED AND ADOPTED: ORDINANCE NO. 2406, AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR FINANCIAL INSTITUTION WITH DRIVE-THROUGH FACILITIES FOR PROPERTY AT 7801 AND 7821 S. HOWELL AVE. (GUARDIAN CREDIT UNION).
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2406, authorizing the issuance of a conditional use permit for a financial institution with drive-through facilities for the property 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. Michalski, aye.
6. PRESENTED AND ADOPTED: ORDINANCE NO. 2407, AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR RESTAURANT WITH DRIVE-THROUGH FACILITIES FOR PROPERTIES AT 9441 AND 9471 S. 13TH ST. (MC DONALD’S CORPORATION).
Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2407, authorizing the issuance of a conditional use permit for a restaurant with drive-through facilities for the properties at 9441 and 9471 S. 13th St. (McDonald’s Corporation). 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. Michalski, aye.
7. DIRECTED HELD: RESOLUTION NO. 10634-050206, APPROVING CSM FOR PARKWAY APOSTOLIC CHURCH AT 10820, 10940 AND 10970 S. NICHOLSON RD.
Resolution No. 10634-050206, approving a certified survey map for the Parkway Apostolic Church at 10820, 10940 and 10970 S. Nicholson Rd. was directed held.
8. STOP TECH LTD. PRESENTS POLICE OFFICERS RANDY KNITTER, STEVE GALLAGHER AND DERICK SLAMKA WITH “NATIONAL HIT OF THE YEAR” AWARD.
Stop Tech Ltd. presented Police Officer Randy Knitter, Police Officer Steve Gallagher and Police Officer Derick Slamka with the “National Hit of the Year” award.
9. PRESENTED AND ADOPTED: RESOLUTION NO. 10638-051606, APPRECIATION TO RONALD G. SCHMIDT, RETIRING POLICE DETECTIVE.
Ald. Grabowski, seconded by Ald. Kopplin, moved to adopt Resolution No. 10638-051606, appreciation to Ronald G. Schmidt, retiring Police Detective. 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. Michalski, aye.
10. PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO. 06-10, CONGRATULATIONS TO SCOTT AND TINA KOENIG, 2006 OAK CREEK CITIZENS OF THE YEAR.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 06-10, congratulations to Scott and Tina Koenig, 2006 Oak Creek Citizens of the Year. 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. Michalski, aye.
11. MAYORAL PROCLAMATION ON NATIONAL SAFE BOATING WEEK INFORMATIONAL ONLY.
The Mayoral Proclamation on National Safe Boating Week, May 20-27, 2006, was informational only.
12. PRESENTED AND ADOPTED: ORDINANCE NO. 2404, AMENDING ORDINANCE NO. 2398, RELATING TO POSITION OF EMERGENCY SERVICES DISPATCH SUPERVISOR AND ACTING ADMINISTRATIVE SUPPORT BUREAU MANAGER.
Ald. Lampe, seconded by Ald. Toman, moved to adopt Ordinance No. 2404, amending Ordinance No. 2398, relating to the position of Emergency Services Dispatch Supervisor and the Acting Administrative Support Bureau Manager. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Michalski, aye.
13. COUNCIL ACCEPTS BID OF COMMUNITY NEWSPAPERS TO SERVE AS OFFICIAL CITY NEWSPAPER FOR NEXT 12 MONTHS.
Ald. Foeckler, seconded by Ald. Grabowski, moved to accept the bid of Community Newspapers to serve as the official City newspaper for the next 12 months. 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. Michalski, aye.
14. COUNCIL APPROVES PURCHASE OF LICENSE AGREEMENT THROUGH AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP).
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the purchase of a license agreement through the American Society of Composers, Authors and Publishers (ASCAP). 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. Michalski, aye.
15. COUNCIL APPROVES VENDOR SUMMARY REPORT.
Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $527,111.68. 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. Michalski, aye.
16. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Foeckler, moved to grant amusement operator and amusement devices licenses to the following:
Red’s Novelty LTD, 1921 S. 74th St., West Allis
S & P Equipment, Inc., 2738 S. 13th St., Milwaukee
C & R Games, Inc., 1015 Haines St., Jacksonville, FL
Ald. Grabowski, seconded by Ald. Foeckler, moved to grant a transient merchant license to Pinnacle Security, selling ADT home security systems, and approve the following salespersons:
Michael Hansen, 540 E. Centennial
Curtis Beyer, 427 E. Centennial
Nathan Evans, 427 E. Centennial
Scott Holm, 2725 E. 500 N, Roberts, ID
Joseph Fritzsche, 750 E. Village Green
Thomas Peterson, 650 E. Village Green
Matthew Huff, 650 E. Village Green
Sean Ferons, 520 E. Town Square
Kirk Fletcher, 730 E. Village Green
Ty Peterson, 738 E. Village Green
Daniel Dunn, III, 532 E. Town Square
Cody Holm, 427 E. Centennial
Michael Holm, 2782 E. 500 N, Roberts, ID
Daniel Rawson, 518 E. Town Square
Andrew Ashcroft, 638 E. Village Green
Joe Davidson, 730 E. Village Green
Bradley Holm, 427 E. Centennial
Clinton Cushing, 427 E. Centennial
Ald. Grabowski, seconded by Ald. Michalski, moved to grant an Operator’s license to the following:
Stephanie Palmer, 3650 E. Elm Rd. (Applebee’s)
Sarah Lemanczyk, 5863 S. Hately Ave., Cudahy (Applebee’s)
April Drankiewicz, 4106 S. 43rd St., Greenfield (Legion)
Mark Dorangrichia, 9214 S. Chicago Rd. (Rafters)
Ald. Grabowski, seconded by Ald. Kopplin, moved to grant a kennel license, with issuance subject to receipt of an occupancy permit to Sue Ann McCotter, 3055 N. 54th St., for Central Bark Doggy Day Care, 1075 W. Northbranch.
Ald. Grabowski, seconded by Ald. Foeckler, moved to grant a kennel license, with issuance subject to issuance of an occupancy permit to Debra M. Lipstreuer, 1661M W. Edgerton Ave., Milwaukee, for Puppy Playground, 8411 S. Liberty Ln.
Ald. Grabowski, seconded by Ald. Toman, moved to grant a renewal mobile home park license to the Hy-View Mobile Home Park, Inc., 2439 W. Carroll Ave.
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. Michalski, aye.
17. PRESENTED AND ADOPTED: RESOLUTION NO. 10640-051606, APPROVING CSM FOR ATOUT REAL ESTATE, LLC AT 2320 W. RYAN RD.
Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10640-051606, approving a certified survey map for Atout Real Estate, LLC at 2320 W. Ryan Rd. 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. Michalski, aye.
18. COUNCIL APPROVES LOW BID FROM OCCUPATIONAL HEALTH DYNAMICS (OHD) FOR PURCHASE OF SELF-CONTAINED BREATHING FACE PIECE RESPIRATOR FIT TESTING KIT IN AMOUNT OF $7,395.00.
Ald. Foeckler, seconded by Ald. Grabowski, moved to approve the low bid from Occupational Health Dynamics (OHD) for the purchase of the self-contained breathing face piece respirator fit testing kit in the amount of $7,395.00. 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. Michalski, aye.
19. COUNCIL APPROVES POLICE DEPT.’S PURCHASE OF REPLACEMENT BODY ARMOR FOR TWENTY (20) OFFICERS AND AUXILIARIES AT TOTAL COST OF $11,800.00.
Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the Police Department’s purchase of replacement body armor for twenty (20) officers and auxiliaries at a cost of $590.00 each, or a total of $11,800.00. 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. Michalski, aye.
20. COUNCIL AUTHORIZES PAYMENT OF CONTRACT INVOICE PAYMENTS FOR VARIOUS PROJECTS.
Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize payment of the contract invoice payments for various projects. 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. Michalski, aye.
21. COUNCIL APPROVES TEMPORARY VARIANCE TO “NO PARKING” RESTRICTION ON 6TH ST. FOR FORAN SPICE COMPANY (7616 S. 6TH ST.) FOR FOUR-WEEK PERIOD DURING CONSTRUCTION.
Ald. Kopplin, seconded by Ald. Michalski, moved to concur with the recommendation of the Traffic & Safety Commission to approve a temporary variance to the “No Parking” restriction on 6th St. for the Foran Spice Company (7616 S. 6th St.) for a four-week period during construction. 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. Michalski, aye.
22. EXECUTIVE SESSION HELD.
Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session at 7:38 p.m. pursuant to Wisconsin State Statutes, to discuss the following:
a. Section 19.85(1)(g) to discuss potential litigation regarding the property at 3840 E. Puetz Rd., owned by Andrew Zielinski, and 3800 and 3860 E. Addison Ln., owned by Robert and Julie Ann George;
b. Section 19.85(1)(e) to discuss potential land acquisition in the vicinity 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; Ald. Grabowski, aye; and Ald. Michalski, aye.
23. COUNCIL RECONVENES INTO OPEN SESSION.
Ald. Foeckler, seconded by Ald. Michalski, moved to reconvene into Open Session at 8:14 p.m. All voted aye; motion carried.
24. CITY TO COMMENCE WITH LAWSUITS AGAINST ANDREW ZIELINSKI AND ROBERT AND JULIE ANN GEORGE.
Ald. Toman, seconded by Ald. Grabowski, moved to commence with the lawsuits against Andrew Zielinski, 3840 E. Puetz Rd., for operating an auto salvage yard or junk yard without a license and in violation of the Zoning Code, and against and Robert and Julie Ann George, 3800 and 3860 E. Addison Ln., for violations of the housing code, failure to obtain a permit to install a deck and a fence, landfilling in violation of the Municipal Code, and maintaining a nuisance. 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. Michalski, aye.
ADJOURNMENT.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adjourn this meeting at 8:15 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor