PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

MONDAY, APRIL 2, 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 Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Community Public Health Officer Judith Price, Street Superintendent Michael Lampe, Finance Manager RoseAnn Underberg, and Deputy City Clerk Pam Bauer.  City Administrator Patrick DeGrave was excused.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 3/20/07 and 3/22/07 meetings as published. All voted aye; motion carried.

1.         PUBLIC HEARING HELD TO CONSIDER REQUEST OF JAMES O’MALLEY (RYAN ROAD SELF STORAGE) FOR AMENDMENT TO CONDITIONAL USE PERMIT ALLOWING FOR OUTDOOR STORAGE OF NO MORE THAN FIVE (5) MOVING TRUCKS, VANS OR TRAILERS (840 W. RYAN RD.). 

            A public hearing was held to consider a request of James O’Malley (Ryan Road Self Storage) for an amendment to the conditional use permit allowing for the outdoor storage of no more than five (5) moving trucks, vans or trailers (840 W. Ryan 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 CITY OF OAK CREEK TO AMEND SECTIONS 17.0705, 17.0707, AND 17.0709 OF MUNICIPAL CODE REGARDING TEMPORARY, CONSTRUCTION, AND PORTABLE SIGNS. 

            A public hearing was held to consider a proposal by the City of Oak Creek to amend Sections 17.0705, 17.0707, and 17.0709 of the Municipal Code regarding temporary, construction, and portable signs.  A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).

3.         PRESENTED AND ADOPTED AS AMENDED:  ORDINANCE NO. 2452, AUTHORIZING AMENDMENT OF CONDITIONAL USE PERMIT FOR PROPERTY AT 840 W. RYAN RD. TO ALLOW FOR OUTDOOR STORAGE OF VEHICLES AND EQUIPMENT, SUBJECT TO CONDITIONS AND RESTRICTIONS (RYAN ROAD SELF STORAGE). 

            Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2452, authorizing the amendment of the conditional use permit for the property at 840 W. Ryan Rd. to allow for the outdoor storage of vehicles and equipment, subject to conditions and restrictions (Ryan Road Self Storage).  Motion, with second agreeing, was amended to revise the conditions and restrictions to add the word “trailers” under 7(c) Maintenance and Operation, and to allow no more than five total moving trucks, vans or trailers.  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.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2453, REPEALING AND RECREATING SECTIONS 17.0707 AND 17.0709, AND REPEALING SECTION 17.0705(J) OF MUNICIPAL CODE PERTAINING TO TEMPORARY SIGNS. 

            Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2453, repealing and recreating Sections 17.0707 and 17.0709, and repealing Section 17.0705(j) of the Municipal Code pertaining to temporary signs.  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.         COUNCIL APPROVES, IN CONCEPT AS AMENDED, PRELIMINARY FINAL DRAFT OF NON-REPRESENTED EMPLOYEE COMPENSATION STUDY FOR IMPLEMENTATION IN FISCAL YEAR 2008.

            Ald. Lampe, seconded by Ald. Toman, moved to approve, in concept, the Preliminary Final Draft of the non-represented employee compensation study, for implementation in fiscal year 2008, and to amend page 12, paragraph 3 to read, “If a position is reclassified to a class in a lower salary range, and the salary of the employee exceeds the maximum of the new range, the employee’s salary will be reviewed.”  (The remainder of the paragraph is to be deleted.)  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 APPROVES INTERGOVERNMENTAL AGREEMENT TO PROVIDE SANITARIAN SERVICES BETWEEN CITIES OF OAK CREEK AND FRANKLIN, AS AMENDED, SUBJECT TO APPROVAL BY CITY OF FRANKLIN.

            Ald. Foeckler, seconded by Ald. Kopplin, moved to approve the Intergovernmental Agreement to provide sanitarian services between the Cities of Oak Creek and Franklin. Motion, with second agreeing, was amended to include reimbursing the City of Oak Creek (in addition to the City’s insurance carrier) for the difference in any worker’s compensation wages paid, subject to approval by the City of Franklin. 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.         VENDOR SUMMARY REPORT APPROVED.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $403,003.92.  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.         LICENSE COMMITTEE.

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

            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. 10747-040207, APPROVING CSM FOR OCCIDENTAL DEVELOPMENT FOR PROPERTY AT 9810 S. 27TH ST., WITH CONDITION THAT CSM NOT BE RECORDED UNTIL PROJECT PLAN FOR TIF DISTRICT NO. 7 IS APPROVED BY JOINT REVIEW BOARD.

            Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10747-040207, approving the certified survey map for Occidental Development for the property at 9810 S. 27th St., with the condition that the CSM not be recorded until the project plan for TIF District No. 7 is approved by the Joint Review Board.  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 ADOPTED:  RESOLUTION NO. 10748-040207, APPROVING CSM FOR ISA HIDRI FOR PROPERTY AT 1101 E. FOREST HILL AVE. 

            Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10748-040207, approving the certified survey map for Isa Hidri for the property at 1101 E. Forest Hill 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.

11.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT INVOICE PAYMENTS FOR PROJECT NO. 00015 (HIGHWAY 100 AND 22ND ST.), AND PROJECT NO. 04022 (HIGHWAY 100 – HOWELL AVE. TO HIGHWAY 32). 

            Ald. Grabowski, seconded by Ald. Lampe, moved to authorize payment of the contract invoice payments for Project No. 00015 (Highway 100 and 22nd St.), and Project No. 04022 (Highway 100 – Howell Ave. to Highway 32).  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 AWARDS E. PUETZ RD. AND S. SHEPARD AVE. INTERSECTION RECONSTRUCTION PROJECT TO PAYNE & DOLAN, INC. (PROJECT NO. 06011). 

            Ald. Lampe, seconded by Ald. Grabowski, moved to award the E. Puetz Rd. and S. Shepard Ave. intersection reconstruction project to the lowest responsive, responsible bidder, Payne & Dolan, Inc. (Project No. 06011).  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10746-040207, APPROVING FUTURE IMPROVEMENTS AGREEMENT WITH ISA AND URIME HIDRI ADDRESSING FUTURE ULTIMATE IMPROVEMENT AND POTENTIAL ASSESSMENTS AFFECTING HIDRI CSM. 

            Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10746-040207, approving the future improvements agreement with Isa and Urime Hidri addressing future ultimate improvement and potential assessments affecting the Hidri certified survey map.  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.       COUNCIL APPROVES AMENDED CONDITIONAL USE PERMIT WITH LE PINE ENTERPRISES, INC., FOR CONTRACTOR’S SHOP WITH OUTDOOR STORAGE FOR PROPERTIES AT 9540-9578 S. PENNSYLVANIA AVE. AND ADOPTS ORDINANCE NO. 2454, AN ORDINANCE TO AMEND CONDITIONAL USE PERMIT FOR PROPERTY AT 9540 AND 9578 S. PENNSYLVANIA AVE. FOR RECYCLING CONTRACTOR’S SHOP WITH OUTDOOR STORAGE. 

            Ald. Michalski, seconded by Ald. Grabowski, moved to approve an amended conditional use permit with LePine Enterprises, Inc., for a contractor’s shop with outdoor storage for the properties at 9540-9578 S. Pennsylvania Ave. and to adopt Ordinance No. 2454, an ordinance to amend a conditional use permit for the property at 9540 and 9578 South Pennsylvania Avenue for a recycling contractor’s shop with outdoor storage.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

15.       FUTURE HEARING DATES SET TO CONDUCT PUBLIC HEARING TO CONSIDER REVOCATION OF CONDITIONAL USE PERMIT GRANTED TO LE PINE ENTERPRISES, INC., FOR CONTRACTOR’S SHOP WITH OUTDOOR STORAGE FOR PROPERTIES AT 9540-9578 S. PENNSYLVANIA AVE., IN EVENT TEMPORARY USE PERMIT IS NOT APPROVED BY PLAN COMMISSION ON 4/10/07.

            Ald. Lampe, seconded by Ald. Michalski, moved to set future hearing dates of Wednesday, April 11, 2007 and Thursday, April 12, 2007 at 6:00 p.m., to conduct a public hearing to consider revocation of the conditional use permit granted to LePine Enterprises, Inc., for a contractor’s shop with outdoor storage for the properties at 9540-9578 S. Pennsylvania Ave., in the event the temporary use permit is not approved by the Plan Commission at their meeting on April 10, 2007.  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. Lampe, moved to adjourn this meeting at 8:35 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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