PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

WEDNESDAY, JULY 5, 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 Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Director of Parks, Recreation & Forestry Doug Schachtner and City Clerk Beverly Buretta.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 5/16/06 and 6/20/06 meetings as published. All voted aye; motion carried.

1.         PUBLIC HEARING HELD ON A PROPOSAL BY HERGET PLAVSIC DEVELOPMENT LLC TO REZONE THE PROPERTY AT 4201 E. FITZSIMMONS RD. FROM A-1, AGRICULTURAL TO RM-1, MULTIFAMILY RESIDENTIAL, AND THE PROPERTIES AT 10250, 10190 AND 10150 S. CHICAGO RD., AS WELL AS 4103 E. FITZSIMMONS RD. AND 4440 E. OAKWOOD RD. FROM A-1, AGRICULTURAL TO RS-1, SINGLE FAMILY RESIDENTIAL.

            A public hearing was held to consider a proposal by Herget Plavsic Development LLC to rezone the property at 4201 E. Fitzsimmons Rd. from A-1, Agricultural to Rm-1, Multifamily Residential, and the properties at 10250, 10190 and 10150 S. Chicago Rd., as well as 4103 E. Fitzsimmons Rd. and 4440 E. Oakwood Rd., from A-1, Agricultural to Rs-1, Single Family Residential.  A transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

2.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2418, REZONING PART OF THE PROPERTY AT 4201 E. FITZSIMMONS RD. FROM A-1, AGRICULTURAL TO RM-1, MULTIFAMILY RESIDENTIAL, AND THE PROPERTIES AT 10250, 10190 AND 10150 S. CHICAGO RD., AS WELL AS A PART OF 4201 E. FITZSIMMONS RD. AND 4440 AND 4340 E. OAKWOOD RD. FROM A-1, AGRICULTURAL TO RS-1, SINGLE FAMILY RESIDENTIAL (HERGET PLAVSIC DEVELOPMENT LLC/THE BLUFFS OF OAK CREEK).

            Ald. Toman, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2418, rezoning part of the property at 4201 E. Fitzsimmons Rd., from A-1, Agricultural to Rm-1, Multifamily Residential and the properties at 10250, 10190 and 10150 S. Chicago Rd., as well as a part of 4201 E. Fitzsimmons Rd. and 4440 and 4340 E. Oakwood Rd., from A-1, Agricultural to Rs-1, Single Family Residential (Herget Plavsic Development LLC/The Bluffs of Oak Creek).  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.

3.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10647-070506, APPROVING THE DEVELOPMENT AGREEMENT FOR THE BLUFFS OF OAK CREEK SUBDIVISION.

            Ald. Toman, seconded by Ald. Grabowski, moved to approve the development agreement for The Bluffs of Oak Creek 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. Michalski, aye.

4.         DISCUSSION HELD ON POSSIBLE RESPONSE TO A DEVELOPER’S REQUEST TO REDUCE THE SIDEWALK REQUIREMENT FOR OAK LEAF ESTATES DEVELOPMENT (PROJECT NO. 05035).

            Ald. Michalski, seconded by Ald. Grabowski, moved to deny the developer’s request.  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. Michalski, seconded by Ald. Grabowski, moved to direct the City Attorney to investigate pursuing the developer and seeking compliance with the original agreement as opposed to the amendment or that failing compliance with the amended agreement.  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. Michalski, aye.

5.         PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 06-13, RECOGNIZING “JULY IS PARKS AND RECREATION MONTH” AND THE BENEFITS OF PARKS AND RECREATION.

            Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 06-13 recognizing “July is Parks and Recreation Month” and the benefits of parks and recreation.  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.         COUNCIL APPROVES VENDOR SUMMARY REPORT.

            Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $324,809.70.  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.         COUNCIL AUTHORIZES THE REIMBURSEMENT TO THE CITY ADMINISTRATOR OF $1,384.32 FOR PAYROLL TAXES PAID ON HIS MOVING EXPENSES OF $4,615.68, WHICH WOULD EQUAL THE $6,000.00 LIMIT IN THE EMPLOYMENT AGREEMENT. 

            Ald. Lampe, seconded by Ald. Grabowski, moved to authorize the reimbursement to the City Administrator of $1,384.32 for payroll taxes paid on his moving expenses of $4,615.68 which would equal the $6,000.00 limit in the employment agreement.  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. Michalski, seconded by Ald. Grabowski , moved to approve the amendment to the premises description for the Class B Combination license for Greco’s Pub & Eatery, 10166 S. 27^th St., to include the patio (approximately 22’ x 32’) to be enclosed, and conditional on the patio area being fenced; the patio and volleyball areas may remain open until 10:00 pm only; the patio area is to be accessed only through the main bar; and outdoor lighting on the patio and volleyball court area shall not interfere with neighboring property owners.  

            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. Grabowski, seconded by Ald. Michalski, moved to hold the application for a Class B Combination license for Hay Caramba, Inc., doing business as Ay Caramba, Ramon Sancha, Agent, 925 E. Rawson Avenue, and authorize staff to hire outside counsel to bring a complaint before the Council to not renew the license if the inspector’s conditions are not met (by the next meeting).  (Granting and issuance of this license was also subject to conditions: verification of compliance with the State Department of Health; approval from the City Sanitarian; receipt of responsible beverage certificate; and payment of fees). 

            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. Grabowski, seconded by Ald. Michalski, moved to grant a mobile home park license to 5^th Avenue Mobile Home Park, 8481 S. 5^th Ave., with the following conditions:

            The two encroaching trailers, specifically identified as Site A-11, Jeff Hafert(owner/resident), and Site A-16, Myles Rantanen(owner/resident) must be moved so as not to encroach, under the following conditions: 

1. Change of occupancy: the mobile home park owner must notify the City in the event of a change of occupancy.
2. Significant damage to the trailer(s) equaling 50% of the assessed value of the trailer(s).
3. The trailers are moved.
4. The trailers shall be moved within 5 years from the date of Council action, regardless of whether or not conditions 1 thru 3 occur.
5. A letter will be sent to the owner of the mobile home park documenting Council action and to the owners as well.

On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; Ald. Michalski, aye.

Ald. Grabowski, seconded by Ald. Michalski, moved to grant a Temporary Class B Beer license with a waiver of fees to Oak Creek OJ’s, for 8/5-6/06(rain dates 8/12-13/06), to be held at the Shepard Hills softball complex and the East Middle School softball diamond. 

On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; Ald. Michalski, aye.

The transient peddler application of Sharon Ann Kerner, 2320 W. Orchard St., Milwaukee,to sell frozen ice cream treats for Rodney Jensen, Klondike Distributor, was directed held by Ald. Grabowski until reviewed by the License Committee.

The application for a renewal Class B Combination license for Saraphino’s, Rushan Sinani, Agent, 8020 S. Howell Ave., was directed held by Ald. Grabowski.

Ald. Michalski, seconded by Ald. Grabowski, moved to grant a renewal Class B and Class C Wine license, with issuance subject to receipt of responsible beverage certificate to Kam Thammalangsy of Thai Tea, 8701 S. Howell Ave., Ald. Grabowski seconded.

On roll  call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; Ald. Michalski, aye.

Ald. Michalski, seconded by Ald. Grabowski, moved to grant an Operator’s license to the following:

• Jennifer M. Grotzinger, 6361 S. 27^th St., Franklin (Aldi)
• Alicia Jean Kortes, 4118 W. Barnwood Ct., Franklin (Jim Dandy’s)
• Gary L. Stewart, 9508 Caddy Ln., Caledonia (Erv’s Mug)
• Jason A. Krein, 6955 S. 13^th St., Oak Creek (Classic Lanes)
• Nicole Lee Grusczynski, 454 A S. 71^st St., Milwaukee (Gary’s)
• Betzaida Orsini, 1530 E. Elm Rd., Oak Creek (Ay Caramba)

On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; Ald. Michalski, aye.

9.         COUNCIL AUTHORIZES THE EXPENDITURE OF PARK IMPACT FEES FOR DEVELOPMENT OF PARK FACILITIES AT DEERFIELD ELEMENTARY SCHOOL. 

            Ald. Grabowski, seconded by Ald. Lampe, moved to authorize the expenditure of park impact fees for the development of park facilities at Deerfield Elementary School.  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. 10648-070506, APPROVING FINAL PLAT FOR THE PINE CREEK SUBDIVISION.

            Ald. Kopplin, seconded by Ald. Lampe, moved to adopt Resolution No. 10648-070506, approving the final plat for the Pine Creek 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. Michalski, aye.

11.       DIRECTED HELD:  RESOLUTION NO. 10649-070506, CONDITIONALLY APPROVING A CERTIFIED SURVEY MAP FOR BRETT AND TRACY MEYERS AT 2220 E. PUETZ RD. 

            After discussion about driveways unto a collector street, land division, traffic conflicts, and a previous agreement on a CSM stating no driveways on Puetz Rd, Brett Meyers, the applicant, would like to update the plan in view of comments and concerns, so the Mayor put Resolution No. 10649-070506, conditionally approving a certified survey map for Brett and Tracy Meyers at 2220 E. Puetz Rd., on hold.

12.       DIRECTED HELD:  RESOLUTION NO. 10650-070506, A RESOLUTION VACATING AND DISCONTINUING PARTS OF A PUBLIC ALLEY IN THE CITY OF OAK CREEK (ALLEY BEHIND DEXTER AVE., AMERICAN AVE., AND 5^TH AVE.) AND REFER IT TO THE MEETING OF 8/15/06.

            Ald. Toman, seconded by Ald. Grabowski, moved to hold Resolution No. 10650-070506 vacating and discontinuing parts of a public alley in the City of Oak Creek (alley behind Dexter Ave., American Ave, and 5^th Avenue) and refer it to the meeting of August 15, 2006 and also notifying residents affected by the vacation.  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.

13.       EXECUTIVE SESSION HELD.

Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session at 8:20 p.m. pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to discuss:

1. negotiation and bargaining strategy as it relates to the potential acquisition of real estate in conjunction with the South 27^th Street Corridor plan and a possible interchange at I-94 and Drexel Ave.
2. potential land acquisition in the vicinity of Oakwood Rd. and Howell Ave., and potential sale of land at 1120 E. Oakwood 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.

14.       COUNCIL RECONVENES INTO OPEN SESSION.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at        9:50 p.m.  All voted aye; motion carried.

15.       COUNCIL APPROVES ACQUISITION OF LAND IN THE VICINITY OF OAKWOOD RD. AND HOWELL AVE. AND THE SALE OF LAND AT 1120 E. OAKWOOD RD. PER TERMS.

Ald. Lampe, seconded by Ald. Grabowski, moved to approve the purchase of a strip of land at the northeast corner of Oakwood Rd. and Howell Ave., from Micjensar Development in the amount of $2,000.00, and the sale to Micjensar of property at 1120 E. Oakwood Rd. for the sum of $65,000.00, with all monies involved to come from Opus Development; as part of the transaction, there will be a conservation easement placed on the property at 1120 E. Oakwood Rd. to prevent development on the property in perpetuity, and the City will retain a 60-foot strip adjacent to the north branch of Crayfish Creek for purposes of retaining the drainage way, along with an access easement.  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. Foeckler, seconded by Ald. Lampe, moved to adjourn this meeting at 9:51 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

            Beverly A. Buretta, CMC, City Clerk                 Richard R. Bolender, Mayor