PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MARCH 20, 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. Lampe, Ald. Toman, Ald. Grabowski, and Ald. Michalski.  Ald. Foeckler was excused.  Also present were:  City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Street Supervisor David Laehn, City Planner Jeff Fortin, Community Public Health Officer Judith Price, Registered Sanitarian David Cammilleri, and City Clerk Beverly Buretta.

Ald. Grabowski, seconded by Ald. Lampe, moved to approve the minutes of the 3/6/07 meeting as published.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL TO VACATE AND DISCONTINUE PART OF A PUBLIC STREET IN CITY (EDISON RD.). 

    2. A public hearing was held to consider a proposal to vacate and discontinue a part of a public street in the City of Oak Creek (Edison Rd.).  A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

  2. PRESENTED AND ADOPTED:  RESOLUTION NO. 10728-020607, VACATING AND DISCONTINUING PART OF A PUBLIC STREET IN CITY (EDISON RD.). 

    3. Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10728-020607, vacating and discontinuing a part of a public street in the City of Oak Creek (Edison Rd.).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  3. PRESENTED AND ADOPTED:  RESOLUTION NO. 10741-030607, APPROVING FINAL PLAT FOR EMERALD MEADOWS ADDITION NO. 2 SUBDIVISION. 

    4. Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10741-030607, approving the final plat for the Emerald Meadows Addition No. 2 subdivision.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  4. VENDOR SUMMARY REPORT APPROVED.

    5. Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $401,120.52.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  5. LICENSE COMMITTEE.

    6. Ald. Grabowski, seconded by Ald. Michalski, moved to grant an Operator’s license to the following:

    On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  6. COUNCIL APPROVES PURCHASE OF 2007 JOHN DEERE TRACTOR WITH REAR AND SIDE MOWERS FOR ROADSIDE CUTTING FROM BURLINGTON FARM IMPLEMENT IN AMOUNT OF $68,493.00.

    7. Ald. Michalski, seconded by Ald. Kopplin, moved to approve the recommendation of the Street Superintendent to purchase one 2007 John Deere tractor with rear and side mowers for roadside cutting, from the low bidder, Burlington Farm Implement, in the amount of $68,493.00.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  7. PRESENTED AND ADOPTED:  RESOLUTION NO. 10745-032007, ACCEPTING 2006 ANNUAL REPORT FOR OAK CREEK’S WPDES STORM WATER (NR 216) PERMIT.

    8. Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10745-032007, accepting the 2006 Annual Report for Oak Creek’s WPDES Storm Water (NR 216) permit.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  8. PRESENTED AND ADOPTED:  RESOLUTION NO. 10744-032007, APPROVING GENERAL UTILITY AND ACCESS EASEMENT FOR COLONIAL WOODS (COLONIAL WOODS LIMITED PARTNERSHIP). 

    9. Ald. Grabowski, seconded by Ald. Lampe, moved to adopt Resolution No. 10744-032007, approving a general utility and access easement for Colonial Woods (Colonial Woods Limited Partnership).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  9. PRESENTED AND ADOPTED:  RESOLUTION NO. 10743-032007, APPROVING DEVELOPMENT AGREEMENT WITH WOODMAN’S FOOD MARKET, INC., FOR INSTALLATION OF PUBLIC WATER MAIN THAT WILL ACCOMMODATE THEIR BUILDING PLANS AT 7929 AND 8201 S. HOWELL AVE. (PROJECT NO. 07052). 

    10. Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10743-032007, approving the development agreement with Woodman’s Food Market, Inc., for the installation of public water main that will accommodate their building plans at 7929 and 8201 S. Howell Ave. (Project No. 07052).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  10. COUNCIL AUTHORIZES PAYMENT OF CONTRACT INVOICE PAYMENT FOR PROJECT NO. 06010 - DREXEL AVE.

    11. Ald. Kopplin, seconded by Ald. Grabowski, moved to authorize payment of the contract invoice payment for Project No. 06010 - Drexel Ave.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  11. COUNCIL ADOPTS ORDINANCE NO. 2450, AS REVISED, CREATING SECTION 8.10 OF MUNICIPAL CODE RELATING TO RESTAURANTS, LODGING, CAMPGROUNDS, RECREATIONAL, TATTOO/BODY PIERCING ESTABLISHMENTS, AND RETAIL FOOD ESTABLISHMENTS, AND AUTHORIZING THE CITY TO BECOME DESIGNATED AGENT OF STATE OF WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES (DHFS) AND WISCONSIN DEPARTMENT OF AGRICULTURE, TRADE AND CONSUMER PROTECTION (DATCP), CONCURS WITH RECOMMENDATION OF BOARD OF HEALTH TO ENTER INTO AGREEMENT WITH STATE DHFS FOR PURPOSE OF ESTABLISHING PERMIT FEES, ISSUING PERMITS, AND CONDUCTING INVESTIGATION OR INSPECTIONS OF HOTELS, MOTELS, TOURIST ROOMING HOUSES, BODY PIERCING AND TATTOOING ESTABLISHMENTS, RESTAURANTS, BED AND BREAKFAST ESTABLISHMENTS, CAMPGROUNDS AND CAMPING RESORTS, RECREATIONAL AND EDUCATIONAL CAMPS, PUBLIC SWIMMING POOLS, AND IN CONDUCTING INVESTIGATIONS AND INSPECTIONS OF FOOD VENDING MACHINES, THEIR OPERATORS AND VENDING MACHINE COMMISSARIES; AND ADOPTS ORDINANCE NO. 2451, RELATING TO HEALTH DEPARTMENT FEES.

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

    1. Adopt Ordinance No. 2450, as further revised to clarify the definition of “re-inspection fee”, creating Section 8.10 of the Municipal Code relating to restaurants, lodging, campgrounds, recreational, tattoo/body piercing establishments, and retail food establishments, and authorizing the City of Oak Creek to become the designated agent of the State of Wisconsin Department of Health and Family Services (DHFS) and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP);
    2. Concur with the recommendation of the Board of Health to enter into an agreement with the State DHFS for the purpose of establishing permit fees, issuing permits, and conducting investigation or inspections of hotels, motels, tourist rooming houses, body piercing and tattooing establishments, restaurants, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps, public swimming pools, and in conducting investigations and inspections of food vending machines, their operators and vending machine commissaries; and
    3. Adopt Ordinance No. 2451, repealing and recreating Section 3.40(c)(15) of the Municipal Code pertaining to Health Department fees.

    On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  12. COUNCIL AUTHORIZES MAYOR AND CITY CLERK TO SIGN AGREEMENTS FOR ACTING AS AGENT FOR WISCONSIN DATCP; TO BECOME AGENT OF WISCONSIN DHFS FOR ENFORCEMENT OF SANITATION REGULATIONS FOR RESTAURANTS, LODGING, CAMPGROUNDS, AND RECREATIONAL ESTABLISHMENTS; AND WITH WISCONSIN DHFS FOR ACTING AS AGENT RELATED TO TATTOOING OR BODY PIERCING ESTABLISHMENTS.

    13. Ald. Grabowski, seconded by Ald. Michalski, moved to authorize the Mayor and City Clerk to sign the following documents:

    1. Terms of Agreement for acting as an agent for the Wisconsin DATCP;
    2. Terms of Agreement to become an agent of the Wisconsin DHFS for enforcement of sanitation regulations for restaurants, lodging, campgrounds, and recreational establishments; and
    3. Terms of Agreement with the Wisconsin DHFS for acting as an agent related to tattooing or body piercing establishments.

    On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  13. EXECUTIVE SESSION HELD.

    14. Ald. Grabowski, seconded by Ald. Michalski, moved to convene into Executive Session at 7:35 p.m., pursuant to Wisconsin State Statutes to discuss the following:

    1. Section 19.85(1)(c) to continue discussions relating to the Carlson Dettmann compensation study for all non-union and management personnel; and
    2. Section 19.85(1)(g) to discuss potential litigation regarding the properties at 9911 and 9931 S. Chicago Rd., owned by Alan Boy.

    On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

  14. COUNCIL RECONVENES INTO OPEN SESSION.

    15. Ald. Kopplin, seconded by Ald. Grabowski, moved to reconvene into Open Session at 8:45 p.m.  All voted aye; motion carried.

  15. COUNCIL EXTENDS TIME FOR ALAN BOY TO BRING HIS PROPERTY INTO COMPLIANCE UNTIL 4/6/07; IF THERE IS LACK OF COMPLIANCE, STAFF AND CITY ATTORNEY AUTHORIZED TO COMMENCE NECESSARY LEGAL ACTION TO BRING PROPERTY INTO COMPLIANCE.

    16. As it relates to item 13(b) above, Ald. Toman, seconded by Ald. Lampe, moved to extend the time for Mr. Boy to bring his property into compliance until April 6, 2007, and if there is a lack of compliance, to authorize staff and the City Attorney to commence necessary legal action to bring the property into compliance.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

            ADJOURNMENT.

            Ald. Lampe, seconded by Ald. Grabowski, moved to adjourn this meeting at 8:50 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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