MONDAY, AUGUST 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, Ald. Grabowski, and Ald. Michalski. Also present were: City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Zoning Administrator Pete Wagner, Community Development Secretary Maggie Woolford, City Engineer Wayne St. John, City Librarian Ross Talis, and City Clerk Beverly Buretta.
Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 7/17/07 meeting as published. 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.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY BLACK DIAMOND GROUP TO AMEND CONDITIONAL USE PERMIT FOR STORAGE OF MATERIALS, VEHICLES AND EQUIPMENT ON PROPERTIES AT 6925 AND 6965 S. 6TH ST. BY EXTENDING TIME IN WHICH THEY HAVE TO COMMENCE CONSTRUCTION OF CONDITIONAL USE AND AMOUNT OF TIME FOR CONSTRUCTION COMPLETION AFTER THE ISSUANCE OF BUILDING PERMITS.
A public hearing was held to consider a proposal by the Black Diamond Group to amend the conditional use permit for the storage of materials, vehicles and equipment on the properties at 6925 and 6965 S. 6th St. by extending the time in which they have to commence construction of the conditional use and the amount of time for construction completion after the issuance of building permits. 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 RAMON SANCHA AND SAMER ABULUGHOLD TO REZONE PROPERTY AT 904 E. RAWSON AVE. FROM B-4 HIGHWAY BUSINESS TO M-1 MANUFACTURING, AND TO ISSUE CONDITIONAL USE PERMIT FOR CONTRACTOR’S YARD WITH OUTDOOR STORAGE AND OUTDOOR STORAGE OF LIMOUSINES AND OTHER VEHICLES.
A public hearing was held to consider a proposal by Ramon Sancha and Samer Abulughold to rezone the property at 904 E. Rawson Ave. from B-4 Highway Business to M-1 Manufacturing, and to issue a conditional use permit for a contractor’s yard with outdoor storage and the outdoor storage of limousines and other vehicles. A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).
3. PRESENTED AND ADOPTED: ORDINANCE NO. 2464, AMENDING ORDINANCE NO. 2313 TO EXTEND TIME OF COMPLIANCE FOR CONDITIONAL USE PERMIT AFFECTING PROPERTIES AT 6925 AND 6965 S. 6TH ST. (BLACK DIAMOND GROUP).
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2464, amending Ordinance No. 2313 to extend the time of compliance for the conditional use permit affecting the properties at 6925 and 6965 S. 6th St. (Black Diamond Group). 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.
4. PRESENTED AND NOT ADOPTED BASED ON REQUEST BEING A USE NOT APPROPRIATE AND NOT COMPATIBLE WITH SURROUNDING USES: ORDINANCE NO. 2465, REZONING PROPERTY AT 904 E. RAWSON AVE. FROM B-4 HIGHWAY BUSINESS TO M-1 MANUFACTURING AND CONDITIONAL USE PERMIT FOR A CONTRACTOR’S YARD WITH OUTDOOR STORAGE AND OUTDOOR STORAGE OF LIMOUSINES (RAMON SANCHA AND SAMER ABULUGHOLD).
Ald. Grabowski, seconded by Ald. Michalski, moved to not adopt Ordinance No. 2465, rezoning the property at 904 E. Rawson Ave. from B-4 Highway Business to M-1 Manufacturing and that a conditional use permit for a contractor’s yard with outdoor storage and outdoor storage of limousines not be granted (Ramon Sancha and Samer Abulughold). Motion, with second agreeing, was amended to reflect that the denial is based on the request being a use that is not appropriate and not compatible with the surrounding uses. 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.
5. DIRECTED HELD: COUNCIL ACTION TO ALLOCATE CITY’S NON PUBLIC SERVICE PROJECT CDBG FUNDING.
Council action to allocate the City’s non-public service project CDBG funding was directed held.
6. INFORMATIONAL: CERTIFICATES OF FOR PETITIONS FOR REFERENDA ON CHARTER ORDINANCE NO. 12 - CITY CLERK, AND CHARTER ORDINANCE NO. 13 - CITY TREASURER.
The Certificates of sufficiency for Petitions for Referenda on Charter Ordinance No. 12 - City Clerk, and Charter Ordinance No. 13 - City Treasurer were informational only.
7. COUNCIL ORDERS SPECIAL ELECTION FOR TUESDAY, OCTOBER 9, 2007 ON REFERENDA QUESTIONS REGARDING CHARTER ORDINANCE NO. 12 - CITY CLERK AND CHARTER ORDINANCE NO. 13 - CITY TREASURER.
Ald. Foeckler, seconded by Ald. Kopplin, moved to order a Special Election for the referenda questions regarding Charter Ordinance No. 12 - City Clerk and Charter Ordinance No. 13 - City Treasurer for Tuesday, October 9, 2007. 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.
8. PRESENTED AND ADOPTED: ORDINANCE NO. 2458, REZONING PROPERTIES AT 9950, 10068 AND 10108 S. 27TH ST. FROM M-1 MANUFACTURING PUD AND B-4 HIGHWAY BUSINESS DISTRICT WITH OO-OFFICE OVERLAY TO M-1 MANUFACTURING PUD DISTRICT WITH OO-OFFICE OVERLAY (LIBERTY PROPERTY TRUST) (TIF DISTRICT NO. 7).
Ald. Michalski, seconded by Ald. Verhalen, moved to adopt Ordinance No. 2458, rezoning the properties at 9950, 10068 and 10108 S. 27th St. from M-1 Manufacturing PUD and B-4 Highway Business District with an OO-Office Overlay to the M-1 Manufacturing PUD District with an OO-Office Overlay (Liberty Property Trust) (TIF District No. 7). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Michalski, aye.
9. PRESENTED AND ADOPTED: RESOLUTION NO. 10780-080607, APPROVING DEVELOPMENT AGREEMENT WITH LIBERTY PROPERTY LIMITED PARTNERSHIP FOR INSTALLATION OF PUBLIC IMPROVEMENTS THAT WILL ACCOMMODATE LIBERTY BUSINESS PARK AT 9950, 10068 AND 10108 S. 27TH ST.
Ald. Michalski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10780-080607, approving the development agreement with Liberty Property Limited Partnership for the installation of public improvements that will accommodate the Liberty Business Park at 9950, 10068 and 10108 S. 27th St. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Michalski, aye.
10. PRESENTED AND ADOPTED: RESOLUTION NO. 10781-080607, AUTHORIZING ISSUANCE OF $3,000,000 TAXABLE TAX INCREMENT REVENUE BOND OF CITY OF OAK CREEK, WISCONSIN TO LIBERTY PROPERTY LIMITED PARTNERSHIP, AND APPROVING TAX INCREMENT FINANCE DEVELOPMENT AGREEMENT.
Ald. Michalski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10781-080607, authorizing the issuance of a $3,000,000 taxable tax increment revenue bond of the City of Oak Creek, Wisconsin to Liberty Property Limited Partnership, and approving a tax increment finance development agreement. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Michalski, aye.
11. PRESENTED AND ADOPTED WITH CONDITION THAT PERMITS NOT BE ISSUED UNTIL MMSD APPROVES STORM WATER PLANS: RESOLUTION NO. 10782-080607, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH LIBERTY PROPERTY TRUST FOR THEIR PROPOSED LIBERTY BUSINESS PARK DEVELOPMENT (TIF DISTRICT NO. 7).
Ald. Michalski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10782-080607, approving a storm water management practices maintenance agreement with Liberty Property Trust for their proposed Liberty Business Park development (TIF District No. 7), with the condition that the permits not be issued until MMSD approves the storm water plans. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Michalski, aye.
12. PRESENTED AND ADOPTED: RESOLUTION NO. 10784-080607, EXPRESSING STRONG SUPPORT AND REQUESTING ACTIVE ASSISTANCE TO ACHIEVE CONSTRUCTION OF PROPOSED FREEWAY INTERCHANGE FOR INTERSTATE 94 AT W. DREXEL AVE.
Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10784-080607, expressing strong support and requesting active assistance to achieve construction of the proposed freeway interchange for Interstate 94 at W. Drexel 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.
13. DIRECTED HELD: COUNCIL UPDATE ON DEVELOPMENT OF MARKETING PLANS FOR CITY.
Council update on the development of marketing plans for the City of Oak Creek was directed held.
14. NO ACTION TAKEN AFTER DISCUSSION AMONG MAYOR AND COMMON COUNCIL RELATIVE TO REDEVELOPMENT OF INTERSECTION OF DREXEL AVE. AND HOWELL AVE.
Discussion was initiated among the Mayor and Common Council relative to the redevelopment of the intersection of Drexel Ave. and Howell Ave. No action was taken.
15. PRESENTED AND ADOPTED: RESOLUTION NO. 10783-080607, REAFFIRMING RESOLUTION NO. 10677-091906 BY RESTATING AUTHORIZATION OF MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS RELATED TO SECURITIES REGISTERED TO CITY OF OAK CREEK THROUGH EQUITABLE/AXA COMPANIES.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10783-080607, reaffirming Resolution No. 10677-091906 by restating the authorization of the Mayor and City Clerk to execute documents related to securities registered to the City of Oak Creek through the Equitable/AXA Companies. 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. INFORMATIONAL: MAYOR’S APPOINTMENTS TO AD HOC JOINT LIBRARY EXPLORATORY COMMITTEE TO JOIN FOUR APPOINTEES FROM MATC.
The Mayor’s appointments to the ad hoc Joint Library Exploratory Committee, as follows, to join four appointees from the Milwaukee Area Technical College (MATC), were informational:
17. VENDOR SUMMARY REPORT APPROVED.
Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $845,569.36. 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. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Foeckler, moved to take the following action:
Refer to staff for preparation of an amendment to Chapter 7 of the Municipal Code to allow denial of a renewal operator’s license application, with a non-renewal/revocation hearing held on appeal only.
Grant an Operator’s license:
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.
Council discussion was held regarding consumption of alcoholic beverages in a public place and whether the appropriate license is required. The City Attorney was directed to contact other communities to determine their current practices.
Note: Items 19 through 23 were taken as one motion.
19. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENT FOR PROJECT NO. 06011.
Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize payment of the contract progress payment for Project No. 06011. 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.
20. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR VARIOUS PROJECTS.
Ald. Grabowski, seconded by Ald. Foeckler, 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; Ald. Grabowski, aye; and Ald. Michalski, aye.
21. COUNCIL AUTHORIZES PAYMENT OF INVOICED CONSULTANT SERVICE PAYMENTS FOR PROJECT NOS. 05036 AND 06055.
Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize payment of the invoiced consultant service payments for Project Nos. 05036 and 06055. 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.
22. COUNCIL AUTHORIZES PAYMENT OF INVOICED CONSULTANT SERVICE PAYMENTS FOR PROJECT NOS. 05036 AND 06055.
Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize payment of the contract 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; Ald. Grabowski, aye; and Ald. Michalski, aye.
23. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PAYMENTS FOR PROJECT NO. 06010 - DREXEL AVE., AND PROJECT NO. 06011 – INTERSECTION OF PUETZ RD. AND SHEPARD AVE.
Ald. Grabowski, seconded by Ald. Foeckler, 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. COUNCIL CONCURS WITH VARIOUS RECOMMENDATIONS OF TRAFFIC AND SAFETY COMMISSION.
Ald. Verhalen, seconded by Ald. Grabowski, moved to concur with the recommendation of the Traffic & Safety Commission and 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; Ald. Grabowski, aye; and Ald. Michalski, aye.
25. EXECUTIVE SESSION HELD.
Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session at 8:45 p.m., pursuant to Wisconsin State Statutes, Section 19.8(1)(e) to discuss 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.
26. COUNCIL RECONVENES INTO OPEN SESSION.
Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at 8:55 p.m. All voted aye; motion carried.
27. COUNCIL TAKES ACTION WITH ITEM 28.
Council action was taken with item 28.
28. PRESENTED AND ADOPTED: ORDINANCE NO. 2466, RELATING TO SALARY FOR DISPATCH UNIT MANAGER.
Ald. Toman, seconded by Ald. Michalski, moved to adopt Ordinance No. 2466, relating to the salary for the Dispatch Unit Manager. 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. Grabowski, seconded by Ald. Toman, moved to adjourn this meeting at 9:00 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor