TUESDAY, JUNE 20, 2006, 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, Ald. Lampe (arrived at 7:02 p.m.), Ald. Toman, Ald. Grabowski, and Ald. Michalski. Also present were: City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour (arrived at 6:55 p.m.), City Engineer Wayne St. John, Fire Chief Brian Satula, Police Lieutenant George Artka, Acting Public Health Officer Sue Wojcinski, Plumbing Inspector/Sanitarian John DeVita (for item 1), Director of Parks, Recreation & Forestry Douglas Schachtner, and Deputy City Clerk Pam Bauer.
Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 6/6/06 meeting as published. All voted aye; motion carried.
1. INFORMATIONAL PRESENTATION MADE BY GREG PALLASKE OF WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES ON AGENT PROGRAM FOR LOCAL FOOD SAFETY PROTECTION, AND DISCUSSION OF CITY BECOMING AGENT OF STATE FOR SANITARIAN DUTIES.
An informational presentation was made by Greg Pallaske of the Wisconsin Department of Health and Family Services on the Agent Program for Local Food Safety Protection, and discussion of the City becoming an agent of the state for Sanitarian duties. No action was taken.
2. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY AIROLDI BROTHERS, INCORPORATED, TO AMEND CONDITIONAL USE PERMIT FOR PROPERTY AT 6930 S. 6TH ST. TO ALLOW INFLAMMABLE GAS AND LIQUIDS STORAGE IN EXCESS OF 5,000 GALLONS AS ACCESSORY USE (ALLSTATES TRUCKING INCORPORATED).
A public hearing was held to consider a proposal by Airoldi Brothers, Incorporated, to amend the conditional use permit for the property at 6930 S. 6th St. to allow inflammable gas and liquids storage in excess of 5,000 gallons as an accessory use (Allstates Trucking Incorporated). A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).
3. PRESENTED AND ADOPTED: ORDINANCE NO. 2414, AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR INFLAMMABLE GAS AND LIQUIDS STORAGE IN EXCESS OF 5,000 GALLONS AS ACCESSORY USE FOR PROPERTY AT 6930 S. 6TH ST. (AIROLDI BROTHERS INC./ALLSTATES TRUCKING INCORPORATED).
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2414, authorizing the issuance of a conditional use permit for inflammable gas and liquids storage in excess of 5,000 gallons as an accessory use for the property at 6930 S. 6th St. (Airoldi Brothers Inc./Allstates Trucking Incorporated). 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.
4. VENDOR SUMMARY REPORT APPROVED.
Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $537,802.14. 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 AS AMENDED: RESOLUTION NO. 10646-062006, EXTENDING TIME IN WHICH CITY HAS TO EXPEND COLLECTED IMPACT FEES.
Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10646-062006, extending the time in which the City has to expend collected impact fees. Motion, with second agreeing, was amended to reflect in the resolution that this is not to be considered an admission that the 10-year limit applies. 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. NO ACTION TAKEN AFTER COUNCIL DISCUSSION ON APPROPRIATE COURSE OF ACTION FOR CITY TO TAKE IN RESPONSE TO STATE’S ADOPTION OF ACTS 203 AND 407 REGARDING USE OF IMPACT FEES.
Council discussion was held on the appropriate course of action for the City to take in response to the State’s adoption of Acts 203 and 407 regarding the use of impact fees. No action was taken.
7. PRESENTED AND ADOPTED: ORDINANCE NO. 2416, IMPOSING SIX-MONTH DEVELOPMENT MORATORIUM ON PROPERTIES IN VICINITY OF INTERSTATE 94 AND W. DREXEL AVE., WITH WAIVER OF ANY FEES FOR PROCESSING OF SPECIAL EXCEPTION REQUESTS.
Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2416, that would impose a six-month development moratorium on the properties in the vicinity of Interstate 94 and W. Drexel Ave., with the understanding that during the moratorium, land owners could seek a special exception to the moratorium to the Plan Commission and Common Council and there would be no application or development fees for potential projects in the area. Motion, with second agreeing, was amended to state that there would be a waiver of any fees for the processing of the special exception requests. 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.
8. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Foeckler, moved to grant licenses to the following:
Name |
Location |
Home Address |
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Mega Marts, LLC, Brian Bender, Agent (Tri-City Pick n’Save) |
6312 S. 27th St. |
W331S4122 Saddleback Dousman |
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Gary’s Corporation of Oak Creek Gary Hintz, Agent (Gary’s Beer & Liquor)* *includes Wholesale Beer license |
9555 S. Howell Ave. |
10065 S. McGraw Dr. |
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Ultra Mart Foods, LLC, Christopher J. Staff, Agent (Pick n’Save) |
2320 W. Ryan Rd. |
1726 Indianwood Ln. Waukesha |
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Zeqiri Corporation, Lirim Zeqiri, Agent (Market Place Café) |
3570 E. Puetz Rd. |
3270 Normandy Dr. |
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Oak Creek Bowling Center, Inc., Alan Passehl, Agent (Classic Lanes Oak Creek) |
7501 S. Howell Ave. |
5715 3-Mile Rd. Franksville |
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Struga, Inc., Jayme Gonzalez, Agent (Prime Table Family Restaurant) |
7864 S. Howell Ave. |
10152 S. 12th Ave. |
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Oelschlaeger-Dallmann American Legion Post 434, Duane Kasiske, Agent (Legion Post 434) |
9327 S. Shepard Ave. |
10171 S. Nicholson Rd. |
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White Manor Inn, Inc., Rayman Bussler, Agent (Ray Bussler’s White Manor Inn) |
10276 S. 27th St. |
2101 E. Drexel Ave. |
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Kham Thammalangsy (Thai Tea)** (for balance of 2005-06 licensing year) |
8701 S. Howell Ave. |
10185 Janus Dr. |
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Name |
Location |
Home Address |
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Greco’s Pub & Eatery, LLC, Michael Greco, Agent (Greco’s Pub & Eatery)* *inside premises description only approved |
10166 S. 27th St. |
11532 Janet Ct. Franklin |
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Ald. Michalski, seconded by Ald. Grabowski, moved to grant licenses to the following, with issuance subject to completion of sanitarian inspection as follows:
Name |
Location |
Home Address |
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Sandra R. Strasser Rosemarie Bartel (Sandy’s Port of Call) |
10075 S. Chicago Rd. |
4303 S. 51st St., Franksville 913 W. Ryan Rd. |
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Nitu & Bhru Ent., Inc.. Roger Bodiwala, Agent (Convenience Plus) |
9110 S. Chicago Rd. |
9110 S. Chicago Rd. |
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Mega Marts, LLC, Randy Zimmer, Agent (Mega Mall Pick n'Save) |
8770 S. Howell Ave. |
301 Field Dr. Waterford |
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Charles Potter, Inc., Charles Potter, Agent (Potter’s Piggly Wiggly) |
2201 E. Rawson Ave. |
2580 Gaywood Ct. Brookfield |
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Aldi, Inc., Scott Thomas, Agent (Aldi #01) |
6810 S. 27th St. |
3317 Monarch Dr. Racine |
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Brickler’s Restaurant, LLC, Adil Abazi, Agent (Lucy’s) |
1000 E. Rawson Ave. |
2536 W. Warnimont, #16 Milwaukee |
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Debra Dupont (Southbound) |
9504 S. Chicago Rd. |
9510 S. Chicago Rd. |
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Jim Dandy’s, Inc. Karen Iwinski, Agent (Jim Dandy’s) |
8900 S. 27th St. |
9676 S. Fox Run |
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Rafters Restaurant & Banquet Facilities, Inc., Marie Hruzek, Agent (Rafters Restaurant) |
7228 S. 27th St. |
3890 W. Drexel Ave. Franklin |
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Lois Sagan John Sagan Paul Sagan (Cozy Inn) |
9509 S. Chicago Rd. |
2410 E. Elm Rd. |
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Name |
Location |
Home Address |
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Diane Spingola (Diane’s Second Chance Saloon) |
9430 S. 27th St. |
9430 S. 27th St. |
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MATC, Richard Busalacchi, Agent (MATC South Campus) (requires responsible beverage certificate) |
6665 S. Howell Ave. |
6070 Oriole Ln. Greendale |
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KMDG, LLC Dennis Giannopoulos, Agent (Branded Steer) |
1299 W. College Ave. |
N114W15148 Vicksburg Ave. Germantown |
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LaTerraza Restaurante, LLC, Jose de Jesus Alvarez, Agent (La Terraza Restaurante) |
9454 S. Howell Ave. |
9454 S. Howell Ave. |
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Ald. Foeckler, seconded by Ald. Grabowski, moved to take individual specific action for the following license requests as follows:
Juan’s Mexicali – grant with issuance subject to release of the DOR hold;
Bender Park Pub – grant with issuance subject to release of the DOR hold;
Jazzbro’s Sports Zone – grant with issuance subject to check clearing in payment of City personal property taxes;
Melrose Eatery – grant with issuance subject to occupancy permit (undergoing remodeling);
Ay Caramba – hold per the request of the State Department of Health
The Cellar – grant with issuance subject to release of the DOR hold and City Sanitarian inspection.
Name |
Location |
Home Address |
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Blue Lava Restaurant, LLC Alma Ziarek, Agent (Juan’s Mexicali) (DOR hold and includes request for change of agent for balance of 2006 licensing year) (DOR hold subsequently released) |
8880 S. Howell Ave. |
404E Bay Heights Rd. South Milwaukee |
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Name |
Location |
Home Address |
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Hide Away Corp., Bernard Jock, Agent (Bender Park Pub) (DOR Hold) |
9117 S. 5th Ave. |
9445 S. Chicago Rd. |
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Jazz Management Corp. Edwin H. Behling, Agent (Jazzbro’s Sports Zone) (issue subject to check clearing in payment of city personal property taxes ) |
8510 S. Chicago Rd. |
501 Sherman Ave., #1 South Milwaukee |
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Melrose Eatery, Inc. Konstantinos Spyropoulos, Agent (Melrose Eatery) (issue upon receipt of occupancy permit - remodeling) |
6840 S. 27th St. |
3965 S. Sunnyslope Rd. New Berlin |
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Hay Caramba, Inc., Ramon Sancha, Agent (Ay Caramba) (Hold per State Department of Health; requires responsible beverage certificate) |
924 E. Rawson Ave. |
1530 E. Elm Rd. |
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William J. Nelson Properties, Inc., William J. Nelson, Agent (Cellar) (DOR Hold, Sanitarian) |
812 W. Oakwood Rd. |
8891 Parkside Dr. |
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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.
Ald. Foeckler, seconded by Ald. Grabowski, moved to grant a renewal amusement operator and amusement devices license to Reginald Zeniecki, Reggie’s Amusement, LLC, 4918 S. Packard Ave.
Ald. Foeckler, seconded by Ald. Michalski, moved to grant an Operator’s license to Ryan S. Halsey, 2200 Washington Ave., #314, Racine (Applebee’s).
Ald. Foeckler, seconded By Ad. Grabowski, moved to grant a transient merchant license to Schwan’s Home Service, 9740 S. 58th St., Franklin, and the following salespersons:
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.
Ald. Foeckler, seconded by Ald. Michalski, moved to deny the Operator’s license application submitted by Michele D. Hass, 8481 S. 5th Ave., #9C (Bender Park Pub). Motion, with second agreeing, was amended to include revoking the provisional license issued to her. 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.
9. PRESENTED AND ADOPTED: RESOLUTION NO. 10645-062006, APPROVING CSM FOR OAK CREEK-FRANKLIN SCHOOL DISTRICT AT 3871 E. BLUESTEM DR.
Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10645-062006, approving a certified survey map for the Oak Creek-Franklin School District at 3871 E. Bluestem Dr. 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: RESOLUTION NO. 10644-062006, APPROVING CSM FOR CARTISON INC. AND PETRELLI INC. AT 8768 S. NICHOLSON RD.
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10644-062006, approving a certified survey map for Cartison Inc. and Petrelli Inc. at 8768 S. Nicholson 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.
11. PRESENTED AND ADOPTED: ORDINANCE NO. 2415, ESTABLISHING POSITION OF DISPATCH UNIT MANAGER, ELIMINATING PREVIOUS POSITION OF ADMINISTRATIVE SUPPORT SERVICES MANAGER, AND ESTABLISHING SALARY FOR DISPATCH UNIT MANAGER.
Ald. Toman, seconded by Ald. Michalski, moved to concur with the recommendation of the Personnel Committee and adopt Ordinance No. 2415, establishing the position of Dispatch Unit Manager, eliminating the previous position of Administrative Support Services Manager, and establishing a salary for the Dispatch Unit Manager. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Lampe was not present.
12. COUNCIL APPROVES PROPOSED ANNUAL AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES FOR 2006-07 SCHOOL YEAR.
Ald. Grabowski, seconded by Ald. Toman, moved to approve the proposed annual Agreement for School Resource Officer services for the 2006-07 school year. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Lampe was not present.
13. COUNCIL GRANTS FIRE DEPARTMENT APPROVAL TO APPLY FOR SAFER ACT GRANT, REQUESTING GRANT AWARD TO BE CONSIDERED FOR THREE FIREFIGHTER POSITIONS IN 2007 BUDGET CYCLE.
Ald. Toman, seconded by Ald. Kopplin, moved to grant the Fire Department approval to apply for the SAFER Act Grant, requesting the grant award to be used for three firefighter positions in the 2007 budget cycle. Motion, with second agreeing, was amended to replace the word “used” with the word “consider”. 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 SETCOM IN-CAB INTERCOM COMMUNICATION SYSTEM FOR ENGINE 1865, 1867 AND TRUCK 1871, IN AMOUNT OF $5,931.00.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the purchase of the Setcom in-cab intercom communication system for Engine 1865, 1867 and Truck 1871, in the amount of $5,931.00. 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.
15. COUNCIL APPROVES PURCHASE OF ONE ZOLL M-SERIES DEFIBRILLATOR MONITOR AND RELATED EQUIPMENT FROM ZOLL MEDICAL CORPORATION FOR A TOTAL COST OF $19,570.00.
Ald. Foeckler, seconded by Ald. Michalski, moved to approve the purchase of one Zoll M-Series defibrillator monitor and related equipment from Zoll Medical Corporation for a total cost of $19,570.00. 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.
16. COUNCIL APPROVES PURCHASE OF TWO POWER STRETCHERS FROM STRYKER EMS EQUIPMENT IN AMOUNT OF $17,604.00.
Ald. Michalski, seconded by Ald. Kopplin, moved to approve the purchase of two power stretchers from Stryker EMS Equipment in the amount of $17,604.00. 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.
17. COUNCIL ACCEPTS GUARANTEE SUBMITTED BY ROUNDY’S SUPERMARKET, INC., AND AUTHORIZES MAYOR TO ENTER INTO MOU SUBMITTED BY WDOT FOR FUTURE WORK ON S. HOWELL AVE. SOUTH OF E. PUETZ RD., WITH MOU TO INCLUDE SUCCESSORS AND GUARANTEE BY NDC, LLC.
Ald. Lampe, seconded by Ald. Michalski, moved to accept the guarantee submitted by Roundy’s Supermarket Inc., and authorize the Mayor to enter into a Memorandum of Understanding (MOU) submitted by the WDOT for future work on S. Howell Ave. south of E. Puetz Rd., and that the MOU include successors and a guarantee by NDC, LLC. 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.
Note: Items 18 through 20 were taken as one motion.
18. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENT FOR PROJECT NO. 04003, SOUTHBRANCH.
Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize payment of the contract progress payment for Project No. 04003, Southbranch. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10639-062006, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NOS. 03011-03019 (2003 ASPHALT STREET PAVING PROGRAM).
Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10639-062006, accepting workmanship and authorizing final payment to Payne & Dolan, Inc., for Project Nos. 03011-03019 (2003 asphalt street paving program). 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 PAYMENT FOR PROJECT NO. 03052, JENNA PRAIRIE ADDITION NO. 1.
Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize payment of the contract payment for Project No. 03052, Jenna Prairie Addition No. 1. 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 PURCHASE OF TORO INFIELD GROOMER FROM REINDERS, INC., IN AMOUNT OF $14,880.00.
Ald. Foeckler, seconded by Ald. Michalski, moved to concur with the recommendation of the Department of Parks, Recreation & Forestry and approve the purchase of a Toro Infield Groomer from Reinders, Inc., in the amount of $14,880.00. 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.
22. PRESENTED AND ADOPTED: ORDINANCE NO. 2417, AMENDING SECTION 2 OF ORDINANCE NO. 2398, ESTABLISHING SALARY FOR PLUMBING/BUILDING INSPECTOR.
Ald. Lampe, seconded by Ald. Michalski, moved to adopt Ordinance No. 2417, amending Section 2 of Ordinance No. 2398, establishing the salary for the Plumbing/Building Inspector. 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 7:54 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor