TUESDAY, OCTOBER 2, 2007, 6:00 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 6:00 p.m. On roll call, the following alderpersons were present: Ald. Foeckler, Ald. Verhalen, Ald. Toman, Ald. Grabowski, and Ald. Michalski. Ald. Kopplin was excused. Also present were: City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Fire Chief Brian Satula, Assistant Fire Chief Thomas Rosandich, Assistant Fire Chief George Krudop, Street Superintendent Michael Lampe, Director of Parks, Recreation and Forestry Douglas Schachtner, Engineering Secretary Barbara Congdon, Police Chief Thomas Bauer (arrived at 7:30 p.m.), and Deputy City Clerk Pam Bauer.
Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 9/4/07 meeting as published. All voted aye; motion carried.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY TO AMEND OFFICIAL MAP FOR NE 1/4 OF SECTION 16, RELOCATING OFFICIALLY MAPPED STREET TO WEST SIDE OF ABENDSCHEIN PARK PROPERTY.
A public hearing was held to consider a proposal by the City of Oak Creek to amend the Official Map for the Northeast 1/4 of Section 16, relocating an officially mapped street to the west side of the Abendschein Park property. 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 GOODWILL INDUSTRIES TO AMEND ORDINANCE THAT REZONED PROPERTY AT 140 E. RAWSON AVE. FROM B-4 HIGHWAY BUSINESS TO M-1 MANUFACTURING; NEW ORDINANCE WILL GRANT GOODWILL ADDITIONAL 90 DAYS TO CLOSE ON PROPERTY; IF THEY DO NOT CLOSE BEFORE THEN, PROPERTY WILL REVERT BACK TO B-4 HIGHWAY BUSINESS ZONING.
A public hearing was held to consider a proposal by Goodwill Industries to amend the ordinance that rezoned the property at 140 E. Rawson Ave. from B-4 Highway Business to M-1 Manufacturing. The new ordinance will grant Goodwill an additional ninety (90) days to close on the property; if they do not close before then, the property will revert back to B-4 Highway Business zoning. 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 OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT TO REZONE PROPERTY AT 9160 S. SHEPARD AVE. AND PORTIONS OF 9150 AND 9330 S. SHEPARD AVE. FROM RS-2 AND RS-3 SINGLE FAMILY RESIDENTIAL TO I-1 INSTITUTIONAL.
A public hearing was held to consider a proposal by the Oak Creek-Franklin Joint School District to rezone the property at 9160 S. Shepard Ave. and portions of 9150 and 9330 S. Shepard Ave. from Rs-2 and Rs-3 Single Family Residential to I-1 Institutional. 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. 2476, AMENDING OFFICIAL MAP FOR NE 1/4 OF SECTION 16 (CITY OF OAK CREEK ABENDSCHEIN PARK).
Ald. Verhalen, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2476, amending the Official Map for the Northeast 1/4 of Section 16 (City of Oak Creek Abendschein Park). On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
5. PRESENTED AND ADOPTED: ORDINANCE NO. 2477, REZONING PROPERTY AT 140 E. RAWSON AVE. FROM B-4 HIGHWAY BUSINESS TO M-1 MANUFACTURING (GOODWILL INDUSTRIES).
Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Ordinance No. 2477, rezoning the property at 140 E. Rawson Ave. from B-4 Highway Business to M-1 Manufacturing (Goodwill Industries). On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
6. PRESENTED AND ADOPTED: ORDINANCE NO. 2478, REZONING PROPERTY AT 9160 S. SHEPARD AVE. AND PART OF 9150 AND 9330 S. SHEPARD AVE. FROM RS-2 AND RS-3 SINGLE FAMILY RESIDENTIAL TO I-1 INSTITUTIONAL (OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT).
Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Ordinance No. 2478, rezoning the property at 9160 S. Shepard Ave. and part of 9150 and 9330 S. Shepard Ave. from Rs-2 and Rs-3 Single Family Residential to I-1 Institutional (Oak Creek-Franklin Joint School District). On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen abstained from voting; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
7. NO ACTION TAKEN RELATING TO COUNCIL ACTION OF 8/6/07 IN WHICH COUNCIL DID NOT ADOPT ORDINANCE NO. 2465, REZONING PROPERTY AT 904 E. RAWSON AVE. FROM B-4 HIGHWAY BUSINESS TO M-1 MANUFACTURING WITH CONDITIONAL USE PERMIT FOR CONTRACTOR’S YARD WITH OUTDOOR STORAGE OF LIMOUSINES (RAMON SANCHA AND SAMER ABULUGHOLD).
After Mr. Samer Abulughold was given an opportunity to address the Common Council, Ald. Grabowski, seconded by Ald. Michalski, moved to take no action on the Council action of 8/6/07 in which the Council did not adopt Ordinance No. 2465, rezoning the property at 904 E. Rawson Ave. from B-4 Highway Business to M-1 Manufacturing with a conditional use permit for a contractor’s yard with outdoor storage of limousines (Ramon Sancha and Samer Abulughold). Mr. Abulughold will meet with the Department of Community Development to discuss options. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
8. PRESENTED AND ADOPTED: ORDINANCE NO. 2470, AS REVISED, RELATING TO PERMITTED ROOFING MATERIALS IN RESIDENTIAL ZONING DISTRICTS.
Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2470, as revised, relating to permitted roofing materials in residential zoning districts. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
9. PRESENTED AND ADOPTED: RESOLUTION NO. 10791-100207, APPROVING SERVICE AND ASSESSMENT AGREEMENT BETWEEN GOODWILL INDUSTRIES OF SOUTHEAST WISCONSIN LTD., AND CITY OF OAK CREEK.
Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10791-100207, approving a Service and Assessment Agreement between Goodwill Industries of Southeast Wisconsin Ltd., and the City of Oak Creek. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
10. PRESENTED AND ADOPTED: RESOLUTION NO. 10792-100207, SEEKING SPEEDY WISCONSIN LEGISLATIVE ADOPTION OF 2007-09 BIENNIUM BUDGET.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10792-100207, seeking a speedy Wisconsin legislative adoption of the 2007-09 biennium budget. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
11. COUNCIL APPROVES PARTICIPATION AGREEMENT BETWEEN CITY AND BOARDMAN LAW FIRM FOR FORMATION OF CABLE LEGISLATION GROUP.
Ald. Grabowski, seconded by Ald. Verhalen, moved to approve a Participation Agreement between the City of Oak Creek and Boardman Law Firm for the formation of a Cable Legislation Group. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
12. COUNCIL CONCURS WITH RECOMMENDATION OF PERSONNEL COMMITTEE AND APPROVES ELIMINATION OF POSITION OF ACCOUNT CLERK II IN STREET DEPARTMENT, CREATES NON-BARGAINING UNIT POSITION OF ADMINISTRATIVE ASSISTANT, AND AUTHORIZES POSTING AND ADVERTISING OF POSITION WITHIN WAGE RANGE OF $37,500 TO $47,000.
Ald. Toman, seconded by Ald. Michalski, moved to concur with the recommendation of the Personnel Committee and approve the elimination of the position of Account Clerk II in the Street Department, create the non-bargaining unit position of Administrative Assistant, and authorize the posting and advertising of the position within a wage range of $37,500 to $47,000. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
13. COUNCIL CONCURS WITH MAYOR’S APPOINTMENT OF ALD. KOPPLIN TO WATER & SEWER UTILITY COMMISSION.
Ald. Foeckler, seconded by Ald. Grabowski, moved to concur with the Mayor’s appointment of Ald. Kopplin to the Water & Sewer Utility Commission. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
14. INFORMATIONAL ONLY: CERTIFICATE OF APPRECIATION PRESENTED TO MARTIN ZABKOWICZ BY BOARD OF HEALTH FOR DEDICATED SERVICE TO CITY AS MEMBER OF BOARD OF HEALTH.
Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Certificate of Appreciation presented to Martin Zabkowicz by the Board of Health for 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. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
15. COUNCIL CONCURS WITH MAYOR’S REAPPOINTMENTS TO TRAFFIC & SAFETY COMMISSION AND TO WATER & SEWER UTILITY COMMISSION.
Ald. Grabowski, seconded by Ald. Michalski, moved to concur with the Mayor’s reappointments as follows:
On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
16. VENDOR SUMMARY REPORTS DATED 9/13/07 AND 9/28/07 APPROVED.
Ald. Foeckler, seconded by Ald. Grabowski, moved to approve the Vendor Summary Reports as follows:
On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
17. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Foeckler, moved to take the following action:
Grant an Operator’s license:
Grant the request to sell cable services through D & E Cable:
Grant the request for change of agent on their Class A Combination license:
Grant the request to sell AT&T products and services, subject to favorable police record check:
On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
18. PRESENTED AND ADOPTED SUBJECT TO RECEIPT OF SIGNED EASEMENTS: RESOLUTION NO. 10790-100207, APPROVING CSM FOR PROPERTIES AT 9160 AND 9330 S. SHEPARD AVE. (OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT).
Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10790-100207, approving the certified survey map for the properties at 9160 and 9330 S. Shepard Ave. (Oak Creek-Franklin Joint School District). Motion, with second agreeing, was amended to adopt, subject to the receipt of signed easements, to be presented at a future Common Council meeting. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen abstained from voting; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
19. PRESENTED AND ADOPTED: RESOLUTION NO. 10793-100207, APPROVING CSM FOR PROPERTY AT 305 E. MAHN CT. (FR/CAL OAK CREEK, LLC) (TIF DISTRICT NO. 4).
Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10793-100207, approving the certified survey map for the property at 305 E. Mahn Ct. (FR/CAL Oak Creek, LLC) (TIF District No. 4). On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
20. PRESENTED AND ADOPTED: RESOLUTION NO. 10794-100207, APPROVING CSM SUBMITTED BY COUNTRY CREEK HOMES, INC., FOR PROPERTIES AT 2630 E. PUETZ RD. AND 2521 E. SHARON DR.
Ald. Verhalen, seconded by Ald. Grabowski, moved to adopt Resolution No. 10794-100207, approving a certified survey map submitted by Country Creek Homes, Inc., for the properties at 2630 E. Puetz Rd. and 2521 E. Sharon Dr. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Note: Items 21 through 28 were taken as one motion.
21. COUNCIL APPROVES INSTALLATION OF 4-WAY STOP SIGNS AT INTERSECTION OF W. POTOMAC DR. AND S. DELAWARE DR.
Ald. Foeckler, seconded by Ald. Verhalen, moved to concur with the recommendation of the Traffic & Safety Commission and approve the installation of 4-way stop signs at the intersection of W. Potomac Dr. and S. Delaware Dr. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
22. COUNCIL APPROVES INSTALLATION OF 3-WAY STOP SIGNS AT INTERSECTION OF E. BLUESTEM DR. AND S. ROSEMONT LN.
Ald. Foeckler, seconded by Ald. Verhalen, moved to concur with the recommendation of the Traffic & Safety Commission and approve the installation of 3-way stop signs at the intersection of E. Bluestem Dr. and S. Rosemont Ln. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
23. COUNCIL APPROVES INSTALLATION OF 4-WAY STOP SIGNS AT INTERSECTION OF E. FENWAY DR. AND S. SHARON DR.
Ald. Foeckler, seconded by Ald. Verhalen, moved to concur with the recommendation of the Traffic & Safety Commission and approve the installation of 4-way stop signs at the intersection of E. Fenway Dr. and S. Sharon Dr. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
24. COUNCIL APPROVES INSTALLATION OF 2-WAY STOP SIGNS AT INTERSECTION OF E. FENWAY DR. AND S. ORCHARD VIEW DR.
Ald. Foeckler, seconded by Ald. Verhalen, moved to concur with the recommendation of the Traffic & Safety Commission and approve the installation of 2-way stop signs at the intersection of E. Fenway Dr. and S. Orchard View Dr. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
25. COUNCIL APPROVES INSTALLATION OF STOP SIGN ON S. STONE CREEK DR. AT INTERSECTION OF E. FENWAY DR.
Ald. Foeckler, seconded by Ald. Verhalen, moved to concur with the recommendation of the Traffic & Safety Commission and approve the installation of a stop sign on S. Stone Creek Dr. at the intersection of E. Fenway Dr. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
26. COUNCIL APPROVES INSTALLATION OF “NO OUTLET” SIGN ON E. BUCKWOOD CT. AT INTERSECTION OF S. KNOLLHAVEN DR.
Ald. Foeckler, seconded by Ald. Verhalen, moved to concur with the recommendation of the Traffic & Safety Commission and approve the installation of a “No Outlet” sign on E. Buckwood Ct. at the intersection of S. Knollhaven Dr. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
27. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PAYMENTS FOR PROJECT NO. 06027, STREET DEPT. BUILDING DESIGN AND RENOVATION.
Ald. Foeckler, seconded by Ald. Verhalen, moved to authorize payment of the contract payments for Project No. 06027, Street Department Building Design and Renovation. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
28. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR VARIOUS PROJECTS.
Ald. Foeckler, seconded by Ald. Verhalen, moved to authorize payment of the contract progress payments for various projects. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
29. EXECUTIVE SESSION HELD.
Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session immediately following the conclusion of Common Council action on items 1 through 28, at 7:42 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(c)(f) to discuss:
On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session immediately following the conclusion of Common Council action on items 1 through 28, at 7:42 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(g) to discuss:
On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen abstained from voting; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
30. COUNCIL RECONVENES INTO OPEN SESSION.
Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at 8:30 p.m. All voted aye; motion carried.
It should be noted that Ald. Verhalen participated in Executive Session items (a) through (c), but did not participate in item (d).
31. COUNCIL CERTIFIES 40.65 DUTY DISABILITY FILED BY THOMAS J. DELANEY.
Ald. Foeckler, seconded by Ald. Grabowski, moved to certify the 40.65 Duty Disability filed by Thomas J. Delaney. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Note: Items 32 and 33 were taken as one motion.
32. PRESENTED AND ADOPTED: ORDINANCE NO. 2474, RELATING TO SALARY FOR STREET SUPERINTENDENT.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2474, relating to the salary for the Street Superintendent. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
33. PRESENTED AND ADOPTED: ORDINANCE NO. 2475, RELATING TO SALARY FOR ZONING ADMINISTRATOR/PLANNER.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2475, relating to the salary for the Zoning Administrator/Planner. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
34. COUNCIL DISCUSSES FIRE DEPT. RESTRUCTURING PROPOSAL; ADMINISTRATOR DIRECTED TO LOOK FOR ALTERNATIVE WAYS TO FUND PHASE 1 AND 2 (APPROXIMATELY $85,000) WHICH WILL BE DISCUSSED DURING 2008 BUDGET REVIEW.
The Fire Department restructuring proposal was presented and discussed by the Council. The City Administrator was directed to look for alternative ways to fund Phase 1 and Phase 2 (approximately $85,000), which will be discussed during the 2008 budget review.
ADJOURNMENT.
Ald. Grabowski, seconded by Ald. Verhalen, moved to adjourn this meeting at 11:08 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor