PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, SEPTEMBER 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 7:45 p.m. (the meeting began late due to the length of the Special Plan Commission meeting scheduled immediately prior to the Common Council meeting).  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, and City Clerk Beverly Buretta.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 8/15/06 meeting as published.  On roll call, the vote was as follows:  Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.  Ald. Kopplin was out of the room and did not vote.

1.         PUBLIC HEARING HELD TO CONSIDER REQUEST BY RICHARD THIERMAN OF TCF BANK FOR CONDITIONAL USE PERMIT FOR FINANCIAL INSTITUTION WITH DRIVE-THROUGH FACILITIES AT 2440 W. RYAN RD.

            A public hearing was held to consider a request by Richard Thierman of TCF Bank for a conditional use permit for a financial institution with drive-through facilities at 2440 W. Ryan Rd.  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 AMENDMENT TO SECTION 17.0502 OF CITY ZONING CODE REGARDING DRIVEWAY GATES ON RESIDENTIAL PROPERTIES. 

            A public hearing was held to consider an amendment to Section 17.0502 of the City of Oak Creek Zoning Code regarding driveway gates on residential properties.  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 AMENDMENT TO SECTIONS 17.0313, 17.0314, AND 17.0315 OF CITY ZONING CODE RELATING TO ADULT DAY CARE FACILITIES. 

            A public hearing was held to consider an amendment to Sections 17.0313, 17.0314, and 17.0315 of the City of Oak Creek Zoning Code as it relates to adult day care facilities.  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. 2424, AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR FINANCIAL INSTITUTION WITH DRIVE-THROUGH FACILITIES FOR PROPERTY AT 2440 W. RYAN RD. 

            Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2424, authorizing the issuance of a conditional use permit for a financial institution with drive-through facilities for the property at 2440 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.

5.         PRESENTED AND DENIED:  ORDINANCE NO. 2426, WHICH WOULD AMEND CHAPTER 17.0502 OF MUNICIPAL CODE TO ALLOW DRIVEWAY GATES IN RESIDENTIAL ZONING DISTRICTS. 

            Ald. Grabowski, seconded by Ald. Kopplin, moved to deny Ordinance No. 2426, which would amend Chapter 17.0502 of the Municipal Code to allow driveway gates in residential zoning districts.  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. 2425, AMENDING CHAPTER 17.0313 AND 17.0314 OF MUNICIPAL CODE TO ALLOW STATE-CERTIFIED ADULT DAY CARE FACILITIES AS CONDITIONAL USE IN B-2, B-3 AND B-4 ZONING DISTRICTS. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Ordinance No. 2425, amending Chapter 17.0313 and 17.0314 of the Municipal Code to allow state-certified adult day care facilities as a conditional use in the B-2, B-3 and B-4 zoning districts.  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.

7.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10660-081506, CONDITIONALLY APPROVING PRELIMINARY PLAT FOR EDGEMONT ESTATES SUBDIVISION. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10660-081506, conditionally approving the preliminary plat for Edgemont Estates 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.

8.         COUNCIL DENIES LANDFILL LICENSE TO SIMON KRIZAN TO PLACE CLEAN FILL MATERIAL AT 9580 AND 9878 S. NICHOLSON RD. 

            Ald. Grabowski, seconded by Ald. Lampe, moved to deny a landfill license to Simon Krizan to place clean fill material at 9580 and 9878 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.

9.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10663-090506, RESOLUTION OF CONDOLENCE UPON DEATH OF DR. JOHN ALLES, AND APPRECIATION FOR HIS DEDICATED SERVICE TO CITY AS MEMBER OF BOARD OF HEALTH. 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10663-090506, a resolution of condolence upon the death of Dr. John Alles, and appreciation for his dedicated service to the City of Oak Creek as a member of the Board of Health.  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 CONCURS WITH MAYOR’S APPOINTMENT OF WALTER G. KOPPLIN, III, TO BOARD OF HEALTH.

            Ald. Toman, seconded by Ald. Grabowski, moved to concur with the Mayor’s appointment of Walter G. Kopplin, III, 8801 S. Carol Ct., to the Board of Health for a three-year term expiring 9/09.  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.       COUNCIL CONCURS WITH MAYOR’S REAPPOINTMENT OF JOHN DE VITA AS CITY SANITARIAN.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to concur with the Mayor’s reappointment of John DeVita as City Sanitarian for a one-year term to expire 4/07.  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.       COUNCIL AUTHORIZES STAFF TO SUBMIT CHALLENGE TO WISCONSIN DEPARTMENT OF ADMINISTRATION’S ESTIMATE OF CITY’S JANUARY 1, 2006 POPULATION.  

            Ald. Grabowski, seconded by Ald. Michalski, moved to concur with the recommendation of the Director of Community Development to authorize staff to submit a challenge to the Wisconsin Department of Administration’s estimate of the City’s January 1, 2006 population.   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.       VENDOR SUMMARY REPORT APPROVED.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $1,022,638.42.  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.       LICENSE COMMITTEE.

            Ald. Foeckler, seconded by Ald. Michalski, moved to grant a renewal Class B Combination license, with issuance subject to payment of fees, to

• Hay Caramba, Inc., Ramon Sancha, Agent, for Ay Caramba, 924 E. Rawson Ave.

            Ald. Foeckler, seconded by Ald. Michalski, moved to grant an Operator’s license to:

• Tina Marie Kureck, 415 Southtowne Dr., #H102, South Milwaukee (Applebee’s)
• Colin Keith Ziolkowski, 3560 E. Garden Pl. (Erv’s Mug)
• Janine Tara Hloushek, 10775 S. Nicholson Rd. (Gary’s)
• Steven Michael Jenders, Jr., 4725 Conlaine Dr, Racine (Diane’s/Classic Lanes)
• Scott Thomas Zalewski, 10161 S. Nicholson Rd., (Legion)

            Ald. Foeckler, seconded by Ald. Michalski, moved to grant a transient merchant license and approve salespersons as follows:

• Insight Advertising Group, Milwaukee, selling wheelchair basketball coupon books, and salespersons Ian A. Schumacher and Derek D. Collins.

            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 CURRENT MODEL YEAR BRUSH CHIPPER FROM WINS EQUIPMENT, LLC, IN AMOUNT OF $24,778.00, AND AUTHORIZES TRANSFER OF REMAINING FUNDS ($20,222.00) TO 2003 CEP PROJECT NO. 03024.

            Ald. Grabowski, seconded by Ald. Michalski, moved to approve the recommendation of the Street Department Supervisor to purchase one current model year brush chipper from the low bidder, Wins Equipment, LLC, in the amount of $24,778.00, and to authorize a transfer of the remaining funds ($20,222.00) to 2003 CEP Project No. 03024.  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 16 through 21 were taken as one motion.

16.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10661-090506, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH SIKH TEMPLE OF WISCONSIN, FOR PROPOSED SIKH TEMPLE ON S. HOWELL AVE. 

            Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10661-090506, approving a storm water management practices maintenance agreement with Sikh Temple of Wisconsin, for the proposed Sikh Temple on 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.

17.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10662-090506, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH GUARDIAN CREDIT UNION FOR PROPOSED GUARDIAN CREDIT UNION AT 7801 S. HOWELL AVE. 

            Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10662-090506, approving a storm water management practices maintenance agreement with Guardian Credit Union for the proposed Guardian Credit Union at 7801 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.

18.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10669-090506, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO MUSSON BROTHERS FOR PROJECT NOS. 04008 AND 05026.

            Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10669-090506, accepting the workmanship and authorizing final payment to Musson Brothers for Project Nos. 04008 and 05026 (storm sewer improvements in S. Shepard Ave. and at St. John’s Estates).  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 AUTHORIZES PAYMENT OF INVOICE PAYMENTS FOR VARIOUS PROJECTS.

            Ald. Grabowski, seconded by Ald. Toman, moved to authorize payment of the 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.

20.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS.

            Ald. Grabowski, seconded by Ald. Toman, 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.

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

            Ald. Grabowski, seconded by Ald. Toman, moved to authorize payment of the contract invoice payments for Project No. 06010 (Drexel Ave.) and Project No. 06011 (intersection of Puetz Rd. and Shepard 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.

            Note:  Items 22 through 24 were taken as one motion.

22.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10664-090506, APPROVING CSM FOR RON ROSEN, 560 E. FITZSIMMONS RD.; RESOLUTION NO. 10665-090506, APPROVING CSM FOR THERESE A. WALLSCHLAEGER, 9905 S. SHEPARD AVE.; AND RESOLUTION NO. 10666-090506, APPROVING CSM FOR GEORGE AND ALICE ABENDSCHEIN, 9865 S. SHEPARD AVE., AS AMENDED.

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

            Adopt Resolution No. 10664-090506, approving a certified survey map for Ron Rosen, 560 E. Fitzsimmons Rd. (Tax Key No. 907-9035);

            Adopt Resolution No. 10665-090506, approving a certified survey map for Therese A. Wallschlaeger, 9905 S. Shepard Ave. (Tax Key No. 923-9005-001); and

            Adopt Resolution No. 10666-090506, approving a certified survey map for George and Alice Abendschein, 9865 S. Shepard Ave. (Tax Key No. 907-9973-001), as amended to state that lots 2 and 3 not be issued building permits until such time as the certified survey maps for Wallschlaeger and Rosen are recorded and the improvements are certified complete by the Engineering Department.

            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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10670-090506, APPROVING DEVELOPMENT AGREEMENT FOR ABENDSCHEIN, ROSEN, AND WALLSCHLAEGER CSMs AT 9865 S. SHEPARD AVE., 9905 S. SHEPARD AVE., AND 560 E. FITZSIMMONS RD.

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10670-090506, approving the development agreement for the Abendschein, Rosen, and Wallschlaeger certified survey maps at 9865 S. Shepard Ave., 9905 S. Shepard Ave., and 560 E. Fitzsimmons 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.

24.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10671-090506, APPROVING FUTURE IMPROVEMENTS AGREEMENT WITH GEORGE AND ALICE ABENDSCHEIN AND THERESE A. WALLSCHLAEGER, ADDRESSING FUTURE ULTIMATE IMPROVEMENT AND POTENTIAL ASSESSMENTS AFFECTING ABENDSCHEIN AND WALLSCHLAEGER CSMs AT 9865 AND 9905 S. SHEPARD AVE.

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10671-090506, approving the future improvements agreement with George and Alice Abendschein and Therese A. Wallschlaeger, addressing future ultimate improvement and potential assessments affecting the Abendschein and Wallschlaeger certified survey maps at 9865 and 9905 S. Shepard 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.

25.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10667-090506, APPROVING CSM FOR RAYMAN BUSSLER, JR., AT 2101 E. DREXEL AVE.

            Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10667-090506, approving a certified survey map for  Rayman Bussler, Jr., at 2101 E. Drexel Ave. (Tax Key No. 816-9996).  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.

26.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10668-090506, APPROVING CSM FOR H.C. BRILL COMPANY AT 7350 AND 7412 S. 10^TH ST.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10668-090506, approving a certified survey map for the H.C. Brill Company at 7350 and 7412 S. 10^th St. (Tax Key Nos. 764-9025-001 and 764-9026).  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.

27.       EXECUTIVE SESSION HELD.

            Ald. Foeckler, seconded by Ald. Lampe, moved to convene into Executive Session at 9:15 p.m., pursuant to Wisconsin State Statutes to discuss the following:

1. Section 19.85(1)(c) to review and discuss the classification and compensation study of non-union and management personnel with Charles Carlson of Carlson-Dettmann Consulting;
2. Section 19.85(1)(c) to discuss the appointment of a candidate for the position of Street Superintendent and the salary for the position;
3. Section 19.85(1)(c) to discuss the appointment of a candidate for the position of Zoning Administrator/Planner and the salary for the position; and
4. Section 19.85(1)(g) to discuss strategy with respect to the pending lawsuit brought by Oak Creek Citizen’s Action Committee.

            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.

28.       COUNCIL RECONVENES INTO OPEN SESSION.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at 10:30 p.m.  All voted aye; motion carried.

29.       COUNCIL CONFIRMS MAYOR’S APPOINTMENT OF MICHAEL LAMPE TO POSITION OF STREET SUPERINTENDENT AND ADOPTS ORDINANCE NO. 2423, ESTABLISHING SALARY FOR THAT POSITION.

            Ald. Lampe, seconded by Ald. Toman, moved to confirm the Mayor’s appointment of Michael Lampe to the position of Street Superintendent and to adopt Ordinance No. 2423, establishing a salary for that position.  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.

30.       COUNCIL OFFERS POSITION OF ZONING ADMINISTRATOR/PLANNER TO PETER WAGNER AND ADOPTS ORDINANCE NO. 2427, ESTABLISHING SALARY FOR THAT POSITION.

            Ald. Lampe, seconded by Ald. Toman, moved to concur with the recommendation of the Director of Community Development to offer the position of Zoning Administrator/Planner to Peter Wagner and to adopt Ordinance No. 2427, establishing a salary for that position. 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.

31.       COUNCIL DECLINES TO PLACE PETITION FOR DIRECT LEGISLATION ON 11/7/06 BALLOT.

            Ald. Foeckler, seconded by Ald. Lampe, moved to decline to place the petition for direct legislation on the November 7, 2006 ballot.  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. Grabowski, moved to adjourn this meeting at 10:30 p.m. All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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