TUESDAY, APRIL 17, 2007, 6:30 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 6:30 p.m. On roll call, the following aldermen were present: Ald. Kopplin, Ald. Foeckler, Ald. Verhalen, 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, Information Technology Manager Caesar Geiger, Facilities Manager Richard Kulka, Street Superintendent Michael Lampe, City Treasurer Barbara Guckenberger, City Librarian Ross Talis, Assistant Fire Chief George Krudop, and City Clerk Beverly Buretta.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the minutes of the 4/2/07 meeting as published. All voted aye; motion carried.
City Clerk Beverly Buretta swore in to office 1st District Alderperson Elizabeth J. Kopplin, 3rd District Alderperson Mark Verhalen, and 5th District Alderperson Dimity Grabowski.
1. PRESENTATION MADE BY MEMBERS OF AD HOC COMMITTEE ON CITY FACILITY SPACE NEEDS RELATING TO THEIR EVALUATION OF CURRENT AND FUTURE NEEDS OF OAK CREEK CIVIC CENTER COMPLEX IN SERVING NEEDS OF CITIZENS OF COMMUNITY, BOTH PRESENT AND IN FUTURE.
A presentation was made by members of the ad hoc Committee on City Facility Space Needs relating to their evaluation of the current and future needs of the Oak Creek Civic Center complex in serving the needs of the citizens of the community, both present and in the future.
2. COUNCIL APPROVES CREATION OF CIVIC CENTER STEERING COMMITTEE TO FURTHER STUDY AND MAKE RECOMMENDATIONS REGARDING DESIGN OF NEW BUILDINGS (SIZE, SHAPE AND STYLE) TO BE CONSTRUCTED, AND ALSO SITE DESIGN CONSIDERATIONS FOR OAK CREEK CIVIC CENTER; FURTHER, THAT COMMON COUNCIL CREATES LIBRARY FOUNDATION, SUPPORTED BY COMMUNITY BUSINESSES AND INDIVIDUAL DONORS TO ASSIST IN FUNDING AMENITIES THAT WOULD MAKE NEW LIBRARY A TRULY INVITING PLACE TO GATHER AND LEARN.
Ald. Grabowski, seconded by Ald. Foeckler, moved to create a Civic Center Steering Committee to further study and make recommendations regarding the design of new buildings (size, shape and style) to be constructed, and also site design considerations for the Oak Creek Civic Center; further, that the Common Council create a Library Foundation, supported by community businesses and individual donors to assist in funding the amenities that would make the new library a truly inviting place to gather and learn. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Verhalen abstained from voting.
3. PUBLIC HEARING HELD TO CONSIDER AMENDMENTS TO VARIOUS SECTIONS OF CHAPTER 17 REGARDING RESPONSIBILITIES OF BUILDING COMMISSIONER AND ZONING ADMINISTRATOR.
A public hearing was held to consider an amendment to Sections: 17.0204(d), 17.0205, 17.0205(d)(3), 17.0301(f)(2), 17.0303(b)(8), 17.0304(b)(11), 17.0305(b)(8), 17.0306(b)(8), 17.0307(b)(8), 17.0308(b)(8), 17.0309(b)(6), 17.0309(d)(12), 17.0309(d)(13), 17.0309(e)(14), 17.0309(e)(15), 17.0310(b)(8), 17.0311(b)(4), 17.0318(b)(7), 17.0319(b)(4), 17.0321(e)(4), 17.0321(f)(1)(b), 17.0321(e)(7), 17.0321(f)(2), 17.0322(c)(1)(c), 17.0606, 17.0701, 17.0704(i), 17.0712(d), 17.0712(g), 17.0713, 17.0713(d), 17.0713(i), 17.0713(j), 17.0714(a), 17.0807, 17.0907, 17.1003, 17.1004(d), 17.1004(e), 17.1004(f), 17.1004(h), 17.1004(j), 17.1006(c), 17.1009(a)(24)(d), 17.1012, 17.1013, 17.1104, 17.1104(b), 17.1104(c), 17.1105, 17.1108(a), 17.1109, 17.1109(b), 17.1207(f)(4), 17.1402, of the Municipal Code regarding the responsibilities of Building Commissioner and Zoning Administrator. A summary transcript is available in the City Clerk’s Office (see Item 4 for action on this hearing).
4. DIRECTED HELD AND REFERRED TO PLAN COMMISSION: ORDINANCE NO. 2455, AMENDING VARIOUS SECTIONS OF CHAPTER 17 OF ZONING CODE REGARDING RESPONSIBILITIES OF BUILDING COMMISSIONER AND ZONING ADMINISTRATOR.
Ordinance No. 2455, amending various sections of Chapter 17 of the Zoning Code regarding the responsibilities of the Building Commissioner and Zoning Administrator was directed held and referred to the Plan Commission for review and recommendation.
5. COUNCIL AUTHORIZES EXTENSION OF CONTRACT WITH RMT, INC., FOR CONSULTING SERVICES RELATED TO WE ENERGIES’ ELM ROAD GENERATING STATION PROJECT FOR 2007 FOR AMOUNT NOT TO EXCEED $20,000.00.
Ald. Toman, seconded by Ald. Kopplin, moved to authorize the extension of the contract with RMT, Inc., for consulting services related to the WE Energies’ Elm Road Generating Station Project for 2007 for an amount 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; Ald. Grabowski, aye; and Ald. Michalski, aye.
6. PRESENTED AND ADOPTED: RESOLUTION NO. 10757-047107, APPRECIATION TO ANN M. LAMPE AS 3RD DISTRICT ALDERPERSON.
Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Resolution No. 10757-047107, appreciation to Ann M. Lampe as 3rd District Alderperson. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
7. ALD. FOECKLER ELECTED COMMON COUNCIL PRESIDENT.
City Attorney Lawrence Haskin explained the process for the election of Common Council President. Mayor Bolender then opened the floor for nominations for Common Council President. Ald. Grabowski nominated Ald. Foeckler. Ald. Toman nominated Ald. Kopplin. Ald. Grabowski, seconded by Ald. Verhalen, moved to close nominations. All voted aye; motion carried. On a secret vote by paper ballot, the results were as follows: Ald. Foeckler received 4 votes; Ald. Kopplin received 2 votes. Therefore, Ald. Foeckler was elected Common Council President.
8. HELD TO 5/1/07 MEETING: COMMON COUNCIL PRESIDENT’S ALDERMANIC APPOINTMENTS.
Common Council President Ald. Foeckler held the following aldermanic appointments to the next meeting:
9. HELD TO 5/1/07 MEETING: MAYOR’S ALDERMANIC COMMITTEE APPOINTMENTS.
The Mayor’s Aldermanic appointments as follows were held to the next meeting:
10. PRESENTED AND ADOPTED: RESOLUTION NO. 10750-041707, RESOLUTION TO GRANT PERMIT TO WISCONSIN ELECTRIC TO PLACE PUBLIC UTILITY STRUCTURES UPON THE BED OF LAKE MICHIGAN.
Ald. Michalski, seconded by Ald. Kopplin, moved to adopt Resolution No. 10750-041707, a resolution to grant a permit to Wisconsin Electric to place public utility structures upon the bed of Lake Michigan. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
11. PRESENTED AND ADOPTED: RESOLUTION NO. 10754-041707, RESOLUTION OF SUPPORT FOR INCREASED PUBLIC ACCESS TO LAKE MICHIGAN LAKEFRONT.
Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10754-041707, a resolution of support for increased public access to the Lake Michigan lakefront. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
12. PRESENTED AND ADOPTED: RESOLUTION NO. 10758-041707, CREATING, DESCRIBING, AND MAKING CERTAIN FINDINGS AND APPROVING PROJECT PLAN FOR TIF DISTRICT NO. 7.
Ald. Michalski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10758-041707, creating, describing, and making certain findings and approving the Project Plan for TIF District No. 7. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
13. COUNCIL AWARDS COPIER PURCHASE CONTRACTS TO GORDON FLESCH COMPANY, INC., FOR ONE CANON IR2280I COLOR COPIER IN AMOUNT OF $13,920.00 FOR CITY CLERK’S OFFICE; AND ONE CANON IR3030 BLACK AND WHITE COPIER IN AMOUNT OF $6,300.00 FOR CITY ASSESSOR’S OFFICE.
Ald. Kopplin, seconded by Ald. Grabowski, moved to award copier purchase contracts to Gordon Flesch Company, Inc., for the following:
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
14. VENDOR SUMMARY REPORT APPROVED.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $245,378.09. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
15. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Michalski, moved to grant an Original “Class B” Combination license to Luther’s Bars Inc., Anthony Luther, Agent for Kelly’s Bleachers OC, 10276 S. 27th St. (formerly Ray Bussler’s White Manor Inn), with issuance subject to receipt of an occupancy permit, surrender of the current license issued to White Manor Inn, Inc., payment of fees, with the premises description being limited to the inside of the building only at this time, with any requested outdoor areas subject to review and recommendation for Council approval by the License Committee and staff. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Ald. Michalski, seconded by Ald. Grabowski, 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; Ald. Grabowski, aye; and Ald. Michalski, aye.
Ald. Michalski, seconded by Ald. Grabowski, moved to grant a transient merchant license to Mazen Salah Alsharif, 3100 E. James Dr., Oak Creek, selling frozen ice cream products. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Ald. Michalski, seconded by Ald. Grabowski, moved to grant a run/walk license to Great Lakes Sports Productions for the Great Midwest Relay on 6/8-9/07. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Ald. Michalski, seconded by Ald. Grabowski, moved to grant a renewal Amusement Operator and Amusement Devices license to Fred Weigel of Wisconsin P & P Amusement. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
16. PRESENTED AND ADOPTED: RESOLUTION NO. 10759-041707, AUTHORIZING STAFF TO APPLY TO THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES FOR PARK ACQUISITION PROJECT FOR ABENDSCHEIN COMMUNITY PARK EXPANSION.
Ald. Verhalen, seconded by Ald. Grabowski, moved to adopt Resolution No. 10759-041707, authorizing staff to apply to the Wisconsin Department of Natural Resources for park acquisition project for Abendschein Community Park expansion. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
17. DIRECTED HELD UNTIL AFTER REQUIRED PUBLIC HEARING ON 6/5/07: RESOLUTION NO. 10749-041707, VACATING THE W. LOIS LN. RIGHT-OF-WAY.
Ald. Michalski, seconded by Ald. Grabowski, moved to hold Resolution No. 10749-041707, vacating the W. Lois Ln. right-of-way until after the required public hearing on 6/5/07. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
18. PRESENTED AND ADOPTED: RESOLUTION NO. 10760-041707, APPROVING OAK CREEK-FRANKLIN SCHOOL DISTRICT DEVELOPMENT AGREEMENT FOR CONSTRUCTION OF COMPENSATING STORAGE FACILITIES FOR NEW MIDDLE SCHOOL AT 9330 S. SHEPARD AVE.
Ald. Verhalen, seconded by Ald. Foeckler, moved to adopt Resolution No. 10760-041707, approving the Oak Creek-Franklin School District development agreement for the construction of compensating storage facilities for the new middle school at 9330 S. Shepard Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Verhalen abstained from voting.
19. PRESENTED AND ADOPTED: RESOLUTION NO. 10755-041707, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT FOR THEIR PROPOSED MIDDLE SCHOOL AT 9330 S. SHEPARD AVE.
Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10755-041707, approving a storm water management practices maintenance agreement with the Oak Creek-Franklin Joint School District for their proposed middle school at 9330 S. Shepard Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Note: Ald. Grabowski, seconded by Ald. Michalski, moved to reconsider action taken on items 18 and 19. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Verhalen abstained from voting.
Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10760-041707, approving the Oak Creek-Franklin School District development agreement for the construction of compensating storage facilities for the new middle school at 9330 S. Shepard Ave., and Resolution No. 10755-041707, approving a storm water management practices maintenance agreement with the Oak Creek-Franklin Joint School District for their proposed middle school at 9330 S. Shepard Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Verhalen abstained from voting.
20. DIRECTED HELD: RESOLUTION NO. 10751-041707, ESTABLISHING SPECIAL ASSESSMENT RATES.
Resolution No. 10751-041707, establishing special assessment rates, was directed held.
21. PRESENTED AND ADOPTED AS AMENDED: RESOLUTION NO. 10756-041707, APPROVING AND ACCEPTING PUBLIC SANITARY SEWER EASEMENT AND CONSERVATION EASEMENT ACROSS REAR PORTION OF SIKH TEMPLE PROPERTY AT 7502 AND 7512 S. HOWELL AVE.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10756-041707, approving and accepting a public sanitary sewer easement and a conservation easement across the rear portion of the Sikh Temple property at 7502 and 7512 S. Howell Ave., with the conservation easement amended to include the amount of acreage in C-1, and to remove hunting in D-5. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Note: Items 22 and 23 were taken as one motion.
22. COUNCIL AWARDS 2007 ROAD IMPROVEMENTS UNIT PRICE CONTRACT TO CAPITOL PAVERS, INC., AT ESTIMATED COST OF $423,241.10 (PROJECT NOS. 07015 THROUGH 07020).
Ald. Grabowski, seconded by Ald. Michalski, moved to award the 2007 road improvements unit price contract to the lowest responsive, responsible bidder, Capitol Pavers, Inc., at an estimated cost of $423,241.10 (Project Nos. 07015 through 07020). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
23. COUNCIL AUTHORIZES PAYMENT OF CONTRACT INVOICE PAYMENTS FOR PROJECT NOS. 06010 AND 06011.
Ald. Grabowski, seconded by Ald. Michalski, moved to authorize payment of the contract payments for Project No. 06010 – Drexel Ave. and Project No. 06011 – intersection of Puetz Rd. and Shepard Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
24. PRESENTED AND ADOPTED: RESOLUTION NO. 10753-041707, AUTHORIZING VACATION OF EXISTING STORM DRAINAGE EASEMENT ADJACENT TO EAST PROPERTY LINE OF 520 E. MARQUETTE AVE.
Ald. Kopplin, seconded by Ald. Michalski, moved to adopt Resolution No. 10753-041707, authorizing the vacation of an existing storm drainage easement adjacent to the east property line of 520 E. Marquette Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
ADJOURNMENT.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adjourn this meeting at 8:25 p.m. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor