PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

MONDAY, JULY 31, 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, Environmental Engineer Phil Beiermeister, Interim Public Health Officer Sue Wojcinski, Fire Chief Brian Satula, Assistant Fire Chief Thomas Rosandich, and Deputy City Clerk Pam Bauer. City Administrator Patrick DeGrave was excused.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 7/18/06 and 7/24/06 meetings as published. 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.

1. PUBLIC HEARING HELD TO CONSIDER REQUEST OF SIMON KRIZAN FOR LANDFILL LICENSE TO PLACE CLEAN FILL MATERIAL AT 9580 AND 9878 S. NICHOLSON RD.

A public hearing was held to consider the request of Simon Krizan for a landfill license to place clean fill material at 9580 and 9878 S. Nicholson Rd. A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

2. DIRECTED HELD FOR TWO WEEKS: COUNCIL ACTION TO CONSIDER GRANTING LANDFILL LICENSE TO SIMON KRIZAN TO PLACE CLEAN FILL MATERIAL AT 9580 AND 9878 S. NICHOLSON RD.

Council action to consider granting a landfill license to Simon Krizan to place clean fill material at 9580 and 9878 S. Nicholson Rd. was directed held for two weeks for staff and legal review.

3. COUNCIL ALLOCATES CITY’S 2007 CDBG FUNDS TO ELIGIBLE PROJECTS.

Ald. Grabowski, seconded by Ald. Michalski, moved to allocate the City’s 2007 Community Development Block Grant (CDBG) funds to the projects that are found to be eligible as follows:

Proposed 2007 Public Service Projects

The Center Elderly Drop-In $850.00

The Salvation Army $15,000.00

Senior Citizen Services $4,500.00

Interfaith Older Adult Programs $8,850.00

Proposed 2007 Non-Public Service Project

Handicapped accessibility

(Miller Park bathrooms) $37,800.00

TOTAL $67,000.00

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.

4. PRESENTED AND ADOPTED AS AMENDED TO INCLUDE DEED RESTRICTION AND PUBLIC HEARING BY CITY BEFORE DEED RESTRICTION CAN BE CHANGED: ORDINANCE NO. 2419, REZONING PROPERTY AT 6901 S. 20^TH ST. FROM RS-4 SINGLE FAMILY RESIDENTIAL AND RD-1 TWO-FAMILY RESIDENTIAL TO B-3 OFFICE AND PROFESSIONAL BUSINESS (TIM AND JANICE FINKE).

Ald. Foeckler, seconded by Ald. Michalski, moved to adopt Ordinance No. 2419, rezoning the property at 6901 S. 20^th St. from Rs-4 Single Family Residential and Rd-1 Two-Family Residential to B-3 Office and Professional Business (Tim and Janice Finke), as amended to include a deed restriction for the westerly 692.36 feet of the property that requires it remain undeveloped and maintained as open space in perpetuity, except that such area shall remain available for the private recreational use of the property owner; and an amendment to require a public hearing by the City before the deed restriction can be changed. 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. Michalski, aye.

5. COUNCIL AWARDS CONTRACT TO CARLSON-DETTMANN CONSULTING TO COMPLETE COMPREHENSIVE CLASSIFICATION AND COMPENSATION STUDY FOR CITY OF OAK CREEK FOR PRICE NOT TO EXCEED $18,000.00.

Ald. Lampe, seconded by Ald. Toman, moved to award a contract to Carlson-Dettmann Consulting to complete a comprehensive Classification and Compensation Study for the City of Oak Creek for a price not to exceed $18,000.00. 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.

6. COUNCIL RESCINDS PERSONNEL POLICY RELATED TO RETIREE BENEFITS ISSUED 6/2/98, AND APPROVES POLICY STATEMENT ENTITLED, “HANDLING OF RETIREE HEALTH BENEFITS FOR QUALIFIED FORMER EMPLOYEES/RETIREES”, EFFECTIVE 7/18/06.

Ald. Michalski, seconded by Ald. Toman, moved to rescind the personnel policy related to retiree benefits issued 6/2/98, and approve the policy statement entitled, “Handling of Retiree Health Benefits for Qualified Former Employees/Retirees”, effective 7/18/06. 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 GRANTS REQUEST OF OAK CREEK-FRANKLIN SCHOOL DISTRICT TO WAIVE FILING FEE FOR PLAN COMMISSION REVIEW OF PLANS FOR NEW TICKET BOOTH AT HIGH SCHOOL FOOTBALL FIELD, AND FOR BUILDING PERMIT FEE THAT WOULD BE CHARGED.

Ald. Lampe, seconded by Ald. Grabowski, moved to grant the request of the Oak Creek-Franklin School District to waive a filing fee for Plan Commission review of the plans for a new ticket booth at the high school football field, and for the building permit fee that would be charged. 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. VENDOR SUMMARY REPORT APPROVED.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $715,213.68. 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.

9. LICENSE COMMITTEE.

After a discussion of state sanitation issues relating to their recent inspections of Ay Caramba, 924 E. Rawson Ave., the renewal Class B Combination license application submitted by Hay Caramba, Inc., doing business as Ay Caramba, Ramon Sancha, Agent, 924 E. Rawson Ave., was directed held for further investigation by staff, with specific authorization to hire outside counsel to bring a complaint at the next Council meeting, if it is determined there is sufficient evidence to do so.

Ald. Grabowski, seconded by Ald. Michalski, moved to take the following action:

Deny the request of Sharon Ann Kerner, 2320 W. Orchard St., Milwaukee, to sell frozen ice cream treats for Rodney Jensen, Klondike Distributors;
Grant an Operator’s license to the following:
Rose Ann Lamela, 916 Milwaukee Ave., #7, South Milwaukee (Applebee’s)
Joseph Sean Ouellette, 3718 S. 53^rd St., Greenfield (Jim Dandy’s)
Tonya Lynn Strohbusch, 4124 S. Pine Ave., Milwaukee (Saloon)
Grant a Temporary Class B Beer and Wine license, with a waiver of fees (including a cigarette license), to the Oak Creek Lions Club for Lions Fest, 9327 S. Shepard Ave., from 8/31 to 9/4/06;
Grant an Amusement Device Operator and Amusement Devices license to A & S Amusement, Inc., Agim Zejneli, Agent, 8655 S. Golden Fields Dr.
Reconsider the denial of an Operator’s license application submitted by Michele D. Hass, 8481 S. 5^th Ave., (at the 6/20/06 Council meeting) and to grant, with issuance subject to verification of the Waukesha County court records provided by Ms. Hass.

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. COUNCIL APPROVES PURCHASE OF RESCUE EQUIPMENT FOR WE ENERGIES’ PROJECT AT APPROXIMATE COST OF $325,000.00, WITH FUNDING TO COME FROM WE ENERGIES’ MITIGATION ACCOUNT NO. 19.

Ald. Foeckler, seconded by Ald. Michalski, moved to approve the purchase of rescue equipment for the WE Energies’ project at an approximate cost of $325,000.00, with funding to come from WE Energies’ Mitigation Account No. 19. 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 11 through 17 were taken as one motion.

11. PRESENTED AND ADOPTED: RESOLUTION NO. 10656-073106, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH MATC, FOR PROPOSED ECAM BUILDING ADDITION AT 6665 S. HOWELL AVE.

Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10656-073106, approving a storm water management practices maintenance agreement with Milwaukee Area Technical College (MATC), for the proposed ECAM building addition at 6665 S. 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.

12. PRESENTED AND ADOPTED: RESOLUTION NO. 10657-073106, APPROVING COMPENSATING STORAGE DEVELOPMENT AGREEMENT WITH CARTISON, INC., AND PETRELLI DEVELOPMENT, LLC, FOR GRADING AND CONSTRUCTION OF COMPENSATING STORAGE AT S. NICHOLSON RD. AND E. PUETZ RD. FOR CARTISON-PETRELLI CSM (PROJECT NO. 06065).

Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10657-073106, approving the compensating storage development agreement with Cartison, Inc., and Petrelli Development, LLC, for the grading and construction of compensating storage at S. Nicholson Rd. and E. Puetz Rd. for the Cartison-Petrelli certified survey map (Project No. 06065). 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10658-073106, APPROVING FUTURE IMPROVEMENTS AGREEMENT WITH CARTISON, INC., AND PETRELLI DEVELOPMENT, LLC, ADDRESSING FUTURE ULTIMATE IMPROVEMENT AND POTENTIAL ASSESSMENTS AFFECTING CARTISON-PETRELLI CSM.

Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10658-073106, approving the future improvements agreement with Cartison, Inc., and Petrelli Development, LLC, addressing future ultimate improvement and potential assessments affecting the Cartison-Petrelli certified survey map. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10659-073106, APPROVING DEVELOPMENT AGREEMENT WITH OPUS NORTH CORPORATION FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS FOR THEIR PROPERTY IN OAKWOOD CROSSINGS BUSINESS CENTER PHASE II, AT 10101 S. HOWELL AVE.

Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10659-073106, approving the development agreement with Opus North Corporation for the construction of public improvements for their property in the Oakwood Crossings Business Center Phase II, at 10101 S. 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.

15. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PAYMENTS FOR PROJECT NO. 06010 - DREXEL AVE., AND PROJECT NO. 06011 - INTERSECTION OF PUETZ RD. AND SHEPARD AVE.

Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize payment of the contract payments for Project No. 06010 - Drexel Ave., Invoice Nos. 75929 and 76339; and Project No. 06011 - intersection of Puetz Rd. and Shepard Ave., Invoice Nos. 75928 and 76338. 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 AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR VARIOUS PROJECTS.

Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize payment of the contract progress 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.

17. 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.

18. EXECUTIVE SESSION HELD.

Ald. Foeckler, seconded by Ald. Lampe, moved to convene into Executive Session at 9:17 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(c) to discuss an employment agreement for an applicant for the position of Community Public Health Officer. 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.

19-20. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.

Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at 9:50 p.m. All voted aye; motion carried. No action was taken.

ADJOURNMENT.

Ald. Foeckler, seconded by Ald. Grabowski, moved to adjourn this meeting at 9:50 p.m. All voted aye; motion carried.

ATTEST:

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