PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, FEBRUARY 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 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, Street Superintendent Michael Lampe, City Librarian Ross Talis, and City Clerk Beverly Buretta.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 1/16/07 meeting as published. All voted aye; motion carried.

1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY OAK CREEK-FRANKLIN SCHOOL DISTRICT TO REZONE PROPERTY AT 3521 E. OAKWOOD RD. FROM RS-2 SINGLE FAMILY RESIDENTIAL TO I-1 INSTITUTIONAL.

A public hearing was held to consider a proposal by the Oak Creek-Franklin School District to rezone the property at 3521 E. Oakwood Rd. from Rs-2 Single Family Residential to I-1 Institutional. A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

2. PRESENTED AND FILED: ORDINANCE NO. 2445, REZONING PROPERTY AT 3521 E. OAKWOOD RD. FROM RS-2 SINGLE FAMILY RESIDENTIAL TO I-1 INSTITUTIONAL (OAK CREEK-FRANKLIN SCHOOL DISTRICT).

Ald. Grabowski, seconded by Ald. Michalski, moved to not adopt Ordinance No. 2445, rezoning the property at 3521 E. Oakwood Rd. from Rs-2 Single Family Residential to I-1 Institutional (Oak Creek-Franklin School District). Motion, with second agreeing, was amended to file Ordinance No. 2445. 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. 10725-020607, URGING GOVERNOR AND WISCONSIN STATE LEGISLATURE TO ENACT LEGISLATION FAIRLY COMPENSATING LOCAL GOVERNMENTS FOR HOSTING EXISTING AND NEW POWER GENERATION SITES.

Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10725-020607, urging the Governor and Wisconsin State Legislature to enact legislation fairly compensating local governments for hosting existing and new power generation sites. 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. COUNCIL AGREES TO ABSORB OAK CREEK PORTION OF 2007 STORM WATER UTILITY FEE FOR OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT; AND TO ABSORB OAK CREEK PORTION OF CHARGES TO OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT FOR STATE WEIGHTS AND MEASURES INSPECTIONS FOR FISCAL YEAR 7/1/05-6/30/06.

Ald. Grabowski, seconded by Ald. Michalski, moved to:

Absorb the Oak Creek portion of the 2007 storm water utility fee for the Oak Creek-Franklin Joint School District; and
Absorb the Oak Creek portion of the charges to the Oak Creek-Franklin Joint School District for state weights and measures inspections for fiscal year 7/1/05-6/30/06.

On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

5. PRESENTED AND ADOPTED AS AMENDED: ORDINANCE NO. 2444, RELATING TO EMPLOYMENT FOR REGISTERED SANITARIAN.

Ald. Lampe, seconded by Ald. Michalski, moved to adopt Ordinance No. 2444, as amended, relating to employment for the Registered Sanitarian. 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 CONCURS WITH MAYOR’S APPOINTMENT OF TERRY PETERSON TO POLICE AND FIRE COMMISSION AND ACCEPTS CONDITIONAL LETTER OF RESIGNATION FROM PLAN COMMISSION SUBMITTED BY MS. PETERSON.

Ald. Grabowski, seconded by Ald. Kopplin, moved to concur with the Mayor’s appointment of Terry Peterson, 8590 S. Stonefield Dr., to the Police & Fire Commission to complete a term expiring 4/09, and to accept the conditional letter of resignation from the Plan Commission submitted by Ms. Peterson. 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 CONCURS WITH MAYOR’S APPOINTMENT OF CAL NOWAK TO PLAN COMMISSION.

Ald. Michalski, seconded by Ald. Kopplin, moved to concur with the Mayor’s appointment of Cal Nowak, 9850 S. Deerpath Dr., to the Plan Commission for a three-year term expiring 4/09. 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.

8. PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO. 07-01, CONGRATULATIONS TO WE ENERGIES, SECUB 2006 BUSINESS OF YEAR.

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 07-01, congratulations to WE Energies, Southeastern Chamber United in Business (SECUB) 2006 Business of the Year. 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: MAYORAL PROCLAMATION OF DECLARATION OF STATUS OF CITY OF OAK CREEK AS CITY OF THE THIRD CLASS.

Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt a Mayoral Proclamation of Declaration of Status of the City of Oak Creek as a City of the Third Class. 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 HELD UNTIL AFTER REQUIRED PUBLIC HEARING ON 3/20/07: RESOLUTION NO. 10728-020607, RESOLUTION VACATING AND DISCONTINUING PART OF PUBLIC STREET IN CITY OF OAK CREEK (EDISON RD.).

Ald. Toman, seconded by Ald. Grabowski, moved to hold Resolution No. 10728-020607, a resolution vacating and discontinuing a part of a public street in the City of Oak Creek (Edison Rd.) until after the required public hearing on 3/20/07. 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.

11. PRESENTED AND ADOPTED: RESOLUTION NO. 10724-020607, ACKNOWLEDGING AND FILING 2007 CALENDAR YEAR SALARY GRADE PLAN AND BENEFITS FOR LIBRARY PERSONNEL.

Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10724-020607, acknowledging and filing the 2007 calendar year salary grade plan and benefits for Library personnel. 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 APPROVES REQUEST OF INFORMATION TECHNOLOGY MANAGER TO HIRE PART-TIME 600-HOUR PER YEAR CLERICAL ASSISTANT.

Ald. Lampe, seconded by Ald. Toman, moved to approve the request of the Information Technology Manager to hire a part-time 600-hour per year Clerical Assistant. 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. COUNCIL APPROVES REQUEST OF CITY CLERK TO HIRE ONE PART-TIME 600-HOUR PER YEAR CLERICAL POSITION TO IMPLEMENT AND MAINTAIN DOCUMENT IMAGING PROCESS FOR CLERK’S OFFICE RECORDS.

Ald. Lampe, seconded by Ald. Michalski, moved to approve the request of the City Clerk to hire one part-time 600-hour per year clerical position to implement and maintain the document imaging process for Clerk’s Office records. 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. VENDOR SUMMARY REPORT APPROVED.

Ald. Grabowski, seconded by Ald. Lampe, moved to approve the Vendor Summary Report in the amount of $658,089.43. 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. LICENSE COMMITTEE.

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

Grant an Operator’s license to:

Tammy G. Hardenburg, 6380 S. 35^th St., Franklin (Big Mouth Frog)
Tracy J. Taylor, 3764 E. Garden Pl. (Bender Park Pub)
Toni Marie Alonzo, 2430 Cleveland Pl., South Milwaukee (Erv’s Mug)

Grant a landfill license, with issuance subject to receipt of an as-built plan, to:

C. W. Purpero, 813 W. College Ave.

Grant 2007 mobile home park license renewal licenses to:

William Gravitter, Hy View Mobile Home Park, 2439 W. Carroll Ave.
Joseph and Ellen Dentice, Oak Creek Estates, 2137-2301 W. College Ave.
Fifth Avenue Development Group, LLC, Fifth Ave. Mobile Home Park, 8481 S. 5^th Ave. (now known as Sunrise Shores)

Grant 2007 dog kennel renewal licenses to:

Sue Ann McCotter for Central Bark Doggy Day Care Center, 1075 W. Northbranch Dr.
Debra M. Lipstreuer for Puppy Playground, 8411 S. Liberty Ln.

Grant a Transient Merchant license to Weather Tight Corporation, Franklin, and the following salespersons:

Daniel Fonk, Wauwatosa
Lloyd Ninham, Wauwatosa
Abbey Schulz, Hales Corners
Nathan Panitzke, Muskego

Grant a Transient Merchant license to Owens Corning Basement Finishing System, Hartland, and the following salespersons:

Mary Ann Hanson, Muskego
Michael Creech, Waukesha
Kyle Schmitz, Waukesha
Greg Schmitz, Waukesha
Jean Goers, Racine

Grant the request for change of agent on the Class B Beer license issued to Qdoba Mexican Grill, 8750 S. Howell Ave. from Dave DeMarco to Ron Allan Stokes

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 APPROVES LOW BID FROM WESTERN CULVERT FOR CORRUGATED METAL (CMP), A-2000 AND ADSN-12 PIPE FOR YEAR 2007 IN AMOUNT OF $24,057.80.

Ald. Kopplin, seconded by Ald. Grabowski, moved to concur with the recommendation of the Street Superintendent and approve the low bid from Western Culvert for corrugated metal (CMP), A-2000 and ADSN-12 pipe for the year 2007 in the amount of $24,057.80. 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 SUBJECT TO TECHNICAL CORRECTIONS: RESOLUTION NO. 10733-020607, APPROVING CSM FOR WALTER YAKICH (SEVILLE FLEXPACK) FOR PROPERTIES AT 9940, 9900 AND 9920 S. RIDGEVIEW DR.

Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10733-020607, approving the certified survey map for Walter Yakich (Seville Flexpack) for the properties at 9940, 9900 and 9920 S. Ridgeview Dr., subject to technical corrections. 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. 10734-020607, APPROVING CSM FOR ANTHONY SANFELIPPO FOR PROPERTIES AT 3280 AND 3310 E. KENDER LN.

Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10734-020607, approving the certified survey map for Anthony Sanfelippo for the properties at 3280 and 3310 E. Kender Ln. 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 FILES RESOLUTION NO 10547-092005, CONDITIONALLY APPROVING KRAEGER CSM AT 6701 AND 6721 S. 20^TH ST. (HELD 9/20/05); AND ADOPTS RESOLUTION NO. 10736-020607, APPROVING CSM FOR GARY AND STEVE KRAEGER FOR PROPERTIES AT 6701 AND 6721 S. 20^TH ST.

Ald. Foeckler, seconded by Ald. Michalski, moved to file Resolution No 10547-092005, conditionally approving the Kraeger certified survey map at 6701 and 6721 S. 20^th St. (held 9/20/05); and adopt Resolution No. 10736-020607, approving the certified survey map for Gary and Steve Kraeger for the properties at 6701 and 6721 S. 20^th St. 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 APPROVES PURCHASE OF TRIMBLE GPS SURVEY EQUIPMENT FOR ENGINEERING DEPARTMENT FROM SEILER INSTRUMENTS IN AMOUNT OF $27,290.00.

Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the purchase of Trimble GPS (global positioning system) survey equipment for the Engineering Department from Seiler Instruments in the amount of $27,290.00. 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.

21. PRESENTED AND ADOPTED: RESOLUTION NO. 10726-020607, APPROVING CSM DEVELOPMENT AGREEMENT WITH ARON D. AND SANDRA R. WARNER FOR DESIGN AND INSTALLATION OF PUBLIC WATER MAIN AT 9200 S. 15^TH AVE. (PROJECT NO. 06072).

Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10726-020607, approving the certified survey map (CSM) development agreement with Aron D. and Sandra R. Warner for the design and installation of public water main at 9200 S. 15^th Ave. (Project No. 06072). 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.

22. PRESENTED AND ADOPTED: RESOLUTION NO. 10727-020607, APPROVING FUTURE IMPROVEMENTS AGREEMENT WITH ARON D. AND SANDRA R. WARNER ADDRESSING FUTURE ULTIMATE IMPROVEMENT AND POTENTIAL ASSESSMENTS AFFECTING WARNER CSM.

Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10727-020607, approving the future improvements agreement with Aron D. and Sandra R. Warner addressing future ultimate improvement and potential assessments affecting the Warner CSM. 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. 10735-020607, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH SEVILLE FLEXPACK CORP. FOR PROPOSED SEVILLE FLEXPACK ADDITION ON S. RIDGEVIEW DR.

Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10735-020607, approving a storm water management practices maintenance agreement with Seville Flexpack Corp. for the proposed Seville Flexpack addition on S. Ridgeview Dr. 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. 10731-020607, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NOS. 04011-04019 AND 05012-05018.

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10731-020607, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project Nos. 04011-04019 and 05012-05018 (installation of street improvements in various locations citywide under the 2004 and 2005 street paving programs). 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. 10730-020607, PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS FOR PROJECT NO. 05036, RECONSTRUCTION OF ROADWAYS IN NORTHBRANCH INDUSTRIAL PARK, AND TO ESTABLISH PUBLIC HEARING DATE FOR 3/6/07.

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10730-020607, a preliminary resolution declaring intent to exercise special assessment powers for Project No. 05036, reconstruction of the roadways in Northbranch Industrial Park, and to establish a public hearing date for 3/6/07. 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.

26. EXECUTIVE SESSION HELD.

Ald. Foeckler, seconded by Ald. Lampe, moved to convene into Executive Session at 8:57 p.m., pursuant to Wisconsin State Statutes, as follows:

Section 19.85(1)(c) for further review and discussion of the Carlson Dettmann employee compensation study;
Section 19.85(1)(e)(g) to discuss issues regarding a 1986 agreement between the City and MMSD regarding vacant land at Howell Ave. and Oakwood Rd.; and
Section 19.85(1)(g) to discuss legal strategies relating to the claim of Clean Wisconsin v. the Wisconsin Department of Natural Resources.

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. COUNCIL RECONVENES INTO OPEN SESSION.

Ald. Foeckler, seconded by Ald. Kopplin, moved to reconvene into Open Session at 9:40 p.m. All voted aye; motion carried.

28. COUNCIL AUTHORIZES FILING NOTICE OF CLAIM AGAINST MMSD.

Ald. Foeckler, seconded by Ald. Grabowski, moved to authorize filing a Notice of Claim against the Milwaukee Metropolitan Sewerage District (MMSD). 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 9:42 p.m. All voted aye; motion carried.

ATTEST:

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