TUESDAY, NOVEMBER 6, 2007, 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 alderpersons were present: Ald. Kopplin, Ald. Foeckler, Ald. Verhalen, Ald. Toman and Ald. Michalski. Ald. Grabowski was excused. Also present were: City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Director of Parks, Recreation and Forestry Douglas Schachtner, Street Superintendent Michael Lampe, Community Public Health Officer Judith Price, Utility Engineer Michael Sullivan, and City Clerk Beverly Buretta.
Ald. Foeckler, seconded by Ald. Michalski, moved to approve the minutes of the 10/16/07 meeting as published. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY GREEN MAN WOOD SERVICES FOR CONDITIONAL USE PERMIT TO ALLOW FOR LUMBER YARD/CONTRACTOR’S YARD WITH OUTDOOR STORAGE AND OUTDOOR STORAGE OF RECREATIONAL VEHICLES, BOATS, AND TRAILERS FOR PROPERTIES AT 9000 AND 9100 S. NICHOLSON RD.
A public hearing was held to consider a proposal by The Green Man Wood Services for a Conditional Use Permit to allow for a lumber yard/contractor’s yard with outdoor storage and outdoor storage of recreational vehicles, boats, and trailers for the properties at 9000 and 9100 S. Nicholson Rd. A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).
2. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY MICHAEL ST. JOHN TO AMEND OFFICIAL MAP FOR NW 1/4 OF SECTION 16, AFFECTING PROPERTIES AT 640 E. DARCY DR. AND 730 E. FOREST HILL AVE.
A public hearing was held to consider a proposal by Michael St. John to amend the Official Map for the Northwest 1/4 of Section 16, affecting properties at 640 E. Darcy Dr. and 730 E. Forest Hill Ave. A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).
3. PRESENTED AND ADOPTED AS AMENDED: ORDINANCE NO. 2479, AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR PROPERTIES AT 9000 AND 9100 S. NICHOLSON RD. TO ALLOW FOR LANDSCAPING CONTRACTOR’S SHOP WITH OUTDOOR STORAGE OF VEHICLES, MATERIALS, AND EQUIPMENT (GREEN MAN WOOD SERVICES).
Ald. Verhalen, seconded by Ald. Michalski, moved to adopt Ordinance No. 2479, authorizing the issuance of a conditional use permit for the properties at 9000 and 9100 S. Nicholson Rd. to allow for a landscaping contractor’s shop with outdoor storage of vehicles, materials, and equipment, and amended as follows: Section 10(b) of the Conditions and Restrictions and Section 1 of Ordinance No. 2479 shall both be amended to reflect a combined total of no more than 50 recreational vehicles, boats and trailers. Motion, with second agreeing, was amended to include the following additional amendments: the conditional use pertaining only to the outdoor storage of recreational vehicles, trailers and boats shall sunset in 10 years, and adoption of the ordinance shall be contingent upon receipt of a letter from the applicant consenting to the 10-year sunset provision on the outdoor storage of recreational vehicles, trailers and boats. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
4. DIRECTED HELD: ORDINANCE NO. 2480, AMENDING OFFICIAL MAP FOR NW 1/4 SECTION 16 (MICHAEL ST. JOHN).
Ald. Verhalen, seconded by Ald. Foeckler, moved to hold Ordinance No. 2480, amending the Official Map for the Northwest 1/4 of Section 16 (Michael St. John). On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
5. INFORMATIONAL: PRESENTATION OF $1,000.00 COMMUNITY ENHANCEMENT GRANT TO CITY OF OAK CREEK BY JERRY DASSLER, PRESIDENT OF FOTH INFRASTRUCTURE & ENVIRONMENT, AND TOM LUDWIG, FOTH SENIOR PROJECT MANAGER, FOR BEING NAMED A WINNER OF 2007 WISCONSIN GOOD GOVERNMENT AWARD, ALONG WITH CITY OF FRANKLIN, FOR THEIR EFFORTS TO DEVELOP SOUTH 27TH STREET CORRIDOR.
The presentation of a $1,000.00 Community Enhancement Grant to the City of Oak Creek by Jerry Dassler, President of Foth Infrastructure & Environment, and Tom Ludwig, Foth Senior Project Manager, for being named a winner of the 2007 Wisconsin Good Government Award, along with the City of Franklin, for their efforts to develop the South 27th Street Corridor was informational only.
6. PRESENTED AND ADOPTED: RESOLUTION NO. 10800-110607, DESIGNATING OFFICIAL HOLIDAYS FOR 2008.
Ald. Kopplin, seconded by Ald. Foeckler, moved to adopt Resolution No. 10800-110607, designating official holidays for 2008. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
7. COUNCIL APPROVES SCHEDULE OF REGULAR COMBINED COUNCIL MEETINGS FOR 2008.
Ald. Foeckler, seconded by Ald. Kopplin, moved to approve the schedule of regular combined Common Council meetings for 2008. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
8. PRESENTED AND ADOPTED: RESOLUTION NO. 10798-110607, ACCEPTING LIABILITY INSURANCE PROPOSAL FROM CITIES AND VILLAGES MUTUAL INSURANCE COMPANY (CVMIC) AND AGREEING TO CONTINUE CITY’S MEMBERSHIP IN CVMIC FOR POLICY YEARS 2008, 2009 AND 2010, AND AUTHORIZING CITY CLERK TO EXECUTE MEMBERSHIP AND PREMIUM ACCEPTANCE DOCUMENTS, WITH SELECTION OF OPTION 1, $37,500.00 RETENTIONS.
Ald. Kopplin, seconded by Ald. Michalski, moved to take the following action:
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
9. COUNCIL AUTHORIZES CITY ADMINISTRATOR AND APPROPRIATE STAFF TO WORK WITH REPRESENTATIVES FROM OAK CREEK-FRANKLIN SCHOOL DISTRICT TO EXPLORE ALL ASPECTS OF RELATIONSHIP BETWEEN CITY AND SCHOOL DISTRICT AS THEY RELATE TO PROVIDING SERVICES SUCH AS RECREATION PROGRAM, ELECTIONS, MOUs, PROPERTY MAINTENANCE, AND FACILITY USAGE.
Ald. Kopplin, seconded by Ald. Michalski, moved to authorize the City Administrator and appropriate staff to work with representatives from the Oak Creek-Franklin School District to explore all aspects of the relationship between the City and the School District as they relate to providing services such as the recreation program, elections, Memoranda of Understanding (MOU), property maintenance, and facility usage. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, aye; and Ald. Michalski, aye.
10. VENDOR SUMMARY REPORT APPROVED.
Ald. Michalski, seconded by Ald. Kopplin, moved to approve the Vendor Summary Report in the amount of $1,089,160.71. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
11. LICENSE COMMITTEE.
Ald. Foeckler, seconded by Ald. Verhalen, moved to grant an Operator’s license to:
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
12. COUNCIL AUTHORIZES DIRECTOR OF PARKS, RECREATION & FORESTRY TO PURCHASE AND REPAIR SNOW REMOVAL EQUIPMENT FOR CITY HALL COMPLEX FOR SUM NOT TO EXCEED $20,000.00.
Ald. Toman, seconded by Ald. Michalski, moved to authorize the Director of Parks, Recreation & Forestry to purchase and repair snow removal equipment for the City Hall complex for a sum not to exceed $20,000.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
13. COUNCIL CONCURS WITH RECOMMENDATION OF BOARD OF HEALTH TO ENTER INTO AGREEMENT WITH UNIVERSITY OF WISCONSIN COLLEGE OF NURSING TO ASSIST OAK CREEK HEALTH DEPARTMENT WITH DEVELOPMENT OF COMMUNITY HEALTH PLAN.
Ald. Kopplin, seconded by Ald. Foeckler, moved to concur with the recommendation of the Board of Health to enter into an agreement with the University of Wisconsin College of Nursing to assist the Oak Creek Health Department with the development of the Community Health Plan. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
14. PRESENTED AND ADOPTED: RESOLUTION NO. 10802-110607, PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS FOR PROJECT NO. 05106, WATER MAIN INSTALLATION IN 13TH ST. FROM ANDERSON CT. TO APPROXIMATELY 550 FEET SOUTH OF COLLEGE AVE., AND TO ESTABLISH PUBLIC HEARING DATE FOR TUESDAY, DECEMBER 4, 2007.
Ald. Kopplin, seconded by Ald. Michalski, moved to adopt Resolution No. 10802-110607, a preliminary resolution declaring intent to exercise special assessment powers for Project No. 05106, water main installation in 13th St. from Anderson Ct. to approximately 550 feet south of College Ave., and to establish a public hearing date for Tuesday, December 4, 2007. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
Note: Items 15 through 18 and 21 through 23 were taken as one motion.
15. COUNCIL AUTHORIZES PAYMENT OF CONTRACT INVOICE PAYMENTS FOR PROJECT NO. 06027, STREET DEPARTMENT BUILDING DESIGN AND RENOVATION.
Ald. Foeckler, seconded by Ald. Michalski, moved to authorize payment of the contract invoice payments for Project No. 06027, Street Department Building Design and Renovation. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
16. COUNCIL AUTHORIZES PAYMENT OF INVOICED CONSULTANT SERVICE PAYMENTS FOR VARIOUS PROJECTS.
Ald. Foeckler, seconded by Ald. Michalski, moved to authorize payment of the invoiced consultant service payments for various projects. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
17. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR VARIOUS PROJECTS.
Ald. Foeckler, seconded by Ald. Michalski, 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. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
18. PRESENTED AND ADOPTED: RESOLUTION NO. 10801-110607, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO J & A POHL FOR PROJECT NO. 06012.
Ald. Foeckler, seconded by Ald. Michalski, moved to adopt Resolution No. 10801-110607, accepting the workmanship and authorizing final payment to J & A Pohl for Project No. 06012 (installation of sidewalk improvements in various locations along S. Howell Ave.). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
19. PRESENTED AND ADOPTED: RESOLUTION NO. 10799-110607, ACCEPTING TEMPORARY CUL-DE-SAC EASEMENT FOR PROJECT NO. 06060, CUL-DE-SAC INSTALLATION RELATED TO PHASE 1 CONSTRUCTION OF COLONIAL WOODS CONDOMINIUMS.
Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Resolution No. 10799-110607, accepting a temporary cul-de-sac easement for Project No. 06060, cul-de-sac installation related to Phase 1 construction of Colonial Woods condominiums. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
20. COUNCIL CONCURS WITH SEVERAL RECOMMENDATIONS OF TRAFFIC AND SAFETY COMMISSION.
Ald. Verhalen, seconded by Ald. Foeckler, moved to concur with the recommendation of the Traffic & Safety Commission and take the following action:
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
21. COUNCIL AWARDS TRAFFIC STUDY FOR INTERSECTION OF W. DREXEL AVE. AND S. PENNSYLVANIA AVE. TO TRAFFIC ANALYSIS & DESIGN, INC., AT ESTIMATED COST OF $3,276.00.
Ald. Foeckler, seconded by Ald. Michalski, moved to award the traffic study for the intersection of W. Drexel Ave. and S. Pennsylvania Ave. to the lowest responsive, responsible bidder, Traffic Analysis & Design, Inc., at an estimated cost of $3,276.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
22. COUNCIL AWARDS TRAFFIC STUDY FOR INTERSECTION OF W. PUETZ RD. AND S. 13TH ST. TO TRAFFIC ANALYSIS & DESIGN, INC., AT ESTIMATED COST OF $3,276.00 (PROJECT NO. 07025).
Ald. Foeckler, seconded by Ald. Michalski, moved to award the traffic study for the intersection of W. Puetz Rd. and S. 13th St. to the lowest responsive, responsible bidder, Traffic Analysis & Design, Inc., at an estimated cost of $3,276.00 (Project No. 07025). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
23. COUNCIL AWARDS SOIL BORING INVESTIGATION FOR W. PUETZ RD. RECONSTRUCTION TO GESTRA ENGINEERING, INC., AT ESTIMATED COST OF $6,660.00 (PROJECT NO. 07025).
Ald. Foeckler, seconded by Ald. Michalski, moved to award the soil boring investigation for the W. Puetz Rd. reconstruction to the lowest responsive, responsible bidder, Gestra Engineering, Inc., at an estimated cost of $6,660.00 (Project No. 07025). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
24. EXECUTIVE SESSION HELD.
Ald. Foeckler, seconded by Ald. Kopplin, moved to convene into Executive Session at 9:05 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to:
a. Consider the potential sale of City-owned land, Tax Key Nos. 721-8996-001, 731-0152, and 721-1100-002.
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.
Ald. Foeckler, seconded by Ald. Michalski, moved to convene into Executive Session at 9:05 p.m., pursuant to Wisconsin State Statutes, Section 19.85(g) to:
b. Discuss strategy regarding pending litigation relating to Oak Creek Citizens Action Committee and Mark Verhalen v. City of Oak Creek.
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen did not vote; Ald. Toman, aye; and Ald. Michalski, aye.
Note: Ald. Verhalen did not participate in Executive Session Item (b).
25-26. COUNCIL RECONVENES INTO OPEN SESSION.
Ald. Foeckler, seconded by Ald. Michalski, 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. Kopplin, 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