PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

MONDAY, MARCH 31, 2008, 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 was excused, 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, Fire Chief Brian Satula, and Deputy City Clerk Pam Bauer.

Ald. Kopplin, seconded by Ald. Verhalen, moved to approve the minutes of the 3/18/08 meeting as published.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

1.         PUBLIC HEARING HELD TO CONSIDER REQUEST BY B & B AUTOMOTIVE TOWING AND RECOVERY FOR CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR STORAGE OF VEHICLES AND TOWING EQUIPMENT FOR PROPERTY AT 6880 S. 10^TH ST. 

A public hearing was held to consider a request by B & B Automotive Towing and Recovery for a conditional use permit to allow for the outdoor storage of vehicles and towing equipment for the property at 6880 S. 10^th St.  A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).

2.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY OAK CREEK ASSEMBLY OF GOD TO REZONE PROPERTIES AT 7377, 7421R AND 7471 S. 13^TH ST. FROM RS-3 SINGLE FAMILY RESIDENTIAL TO I-1 INSTITUTIONAL. 

A public hearing was held to consider a proposal by Oak Creek Assembly of God to rezone the properties at 7377, 7421R and 7471 S. 13^th St. from Rs-3 Single Family Residential to I-1 Institutional.  A summary transcript is available in the City Clerk’s Office (see item 5 for action on this hearing).

3.         PUBLIC HEARING HELD TO CONSIDER PROPOSED AMENDMENT TO SECTION 17.0315 (B-4 HIGHWAY BUSINESS DISTRICT) OF MUNICIPAL CODE SUBMITTED BY SAMEER ABULUGHOD THAT WOULD MAKE OUTDOOR STORAGE OF UP TO 15 VEHICLES A CONDITIONAL USE IN B-4 HIGHWAY BUSINESS ZONING DISTRICT. 

A public hearing was held to consider a proposed amendment to Section 17.0315 (B-4 Highway Business District) of the Municipal Code submitted by Sameer Abulughod that would make the outdoor storage of up to 15 vehicles a conditional use in the B-4 Highway Business zoning district.  A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).

4.         DIRECTED FILED:  ORDINANCE NO. 2495, AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF VEHICLES AND TOWING EQUIPMENT FOR PROPERTY AT 6880 S. 10^TH ST. (B & B AUTOMOTIVE TOWING & RECOVERY). 

Ald. Kopplin, seconded by Ald. Verhalen, moved to not adopt Ordinance No. 2495, authorizing the issuance of a conditional use permit for the outdoor storage of vehicles and towing equipment for the property at 6880 S. 10^th St. (B & B Automotive Towing & Recovery).  Motion, with second agreeing, was amended to file Ordinance No. 2495.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

5.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2496, REZONING PROPERTIES AT 7377, 7421R AND 7471 S. 13^TH ST. FROM RS-3 SINGLE FAMILY RESIDENTIAL TO I-1 INSTITUTIONAL (OAK CREEK ASSEMBLY OF GOD CHURCH). 

Ald. Kopplin, seconded by Ald. Michalski, moved to adopt Ordinance No. 2496, rezoning the properties at 7377, 7421R and 7471 S. 13^th St. from Rs-3 Single Family Residential to I-1 Institutional (Oak Creek Assembly of God Church).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, aye; and Ald. Michalski, aye.

6.         DIRECTED HELD TO 4/15/08 COUNCIL MEETING:  COUNCIL ACTION RELATING TO ORDINANCE NO. 2497, WHICH WOULD AMEND CHAPTER 17.0315(C) OF MUNICIPAL CODE TO ALLOW LIMOUSINE SERVICES WITH OUTDOOR STORAGE OF VEHICLES CONDITIONAL USE IN B-4 HIGHWAY BUSINESS ZONING DISTRICT (SAMEER ABULUGHOD).

Council action relating to Ordinance No. 2497, which would amend Chapter 17.0315(c) of the Municipal Code to allow limousine services with outdoor storage of vehicles a conditional use in the B-4 Highway Business zoning district (Sameer Abulughod) was directed held to the 4/15/08 Council meeting. 

7.         COUNCIL AUTHORIZES BORROWING OF $7,000,000.00 THROUGH TWO-YEAR BOND ANTICIPATION NOTE (BAN) FOR CONSTRUCTION OF NEW STREET DEPARTMENT FACILITY. 

Ald. Foeckler, seconded by Ald. Michalski, moved to authorize the borrowing of $7,000,000.00 through a two-year Bond Anticipation Note (BAN) for the construction of a new Street Department Facility.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, aye; and Ald. Michalski, aye.

8.         PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 08-02, APPRECIATION TO CINDY LOPEZ FOR DEDICATED SERVICE TO CITY AS MEMBER OF POLICE & FIRE COMMISSION. 

Ald. Michalski, seconded by Ald. Kopplin, moved to adopt Council Proclamation No. 08-02, appreciation to Cindy Lopez for dedicated service to the City of Oak Creek as a member of the Police & Fire Commission.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

9.         COUNCIL CONCURS WITH MAYOR’S APPOINTMENT OF ELLEN LICHTE TO POLICE & FIRE COMMISSION.

Ald. Michalski, seconded by Ald. Kopplin, movedto concur with the Mayor’s appointment of Ellen Lichte, 1911 W. Puetz Rd., to the Police & Fire Commission for a five-year term to expire 4/2013.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

10.       VENDOR SUMMARY REPORT APPROVED.

Ald. Michalski, seconded by Ald. Kopplin, moved to approve the Vendor Summary Report in the amount of $392,335.68.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

11.       LICENSE COMMITTEE.

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

Grant an Operator’s license:

• Linsey Marie Knor, 7308 40^th Ave., Kenosha (Woodman’s)
• Angela D. Rodriguez, 9131 S. 5^th Ave. (Erv’s Mug)
• Cynthia Ann Kirchner, 101285 W. Coldspring Rd., Greenfield (Applebee’s)
• Jamie Lyn St. Ledger, 818A W. Scott St., Milwaukee (Oak Hills)

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

12.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10849-033108, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT OF $15,340.00 TO GIESE TREE AND LANDSCAPING SERVICES, LLC FOR STREET TREE PRUNING UNDER PROJECT NO. 07014. 

Ald. Kopplin, seconded by Ald. Michalski, moved to adopt Resolution No. 10849-033108, accepting the workmanship and authorizing final payment of $15,340.00 to Giese Tree and Landscaping Services, LLC for street tree pruning under Project No. 07014.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

13.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10851-033108, AUTHORIZING MAYOR AND CITY CLERK TO SIGN MUTUAL AID BOX ALARM SYSTEM (MABAS) AGREEMENT. 

Ald. Kopplin, seconded by Ald. Michalski, moved to adopt Resolution No. 10851-033108, authorizing the Mayor and City Clerk to sign the Mutual Aid Box Alarm System (MABAS) Agreement.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

14.       COUNCIL APPROVES PURCHASE OF SAFETY DEVICES FOR FIRE DEPARTMENT BREATHING APPARATUS THAT INCLUDES PERSONAL ALERTING SAFETY SYSTEMS AND BREATHING DISPLAY UNITS IN TOTAL AMOUNT OF $10,270.00. 

Ald. Toman, seconded by Ald. Michalski, moved to approve the purchase of safety devices for the Fire Department breathing apparatus that includes personal alerting safety systems and breathing display units in the total amount of $10,270.00.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

Note:  Items 15 through 17 were taken as one motion.

15.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PAYMENT FOR PROJECT NO. 06027, STREET DEPT. BUILDING DESIGN AND RENOVATION.

Ald. Foeckler, seconded by Ald. Michalski, moved to authorize payment of the contract payment 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; and Ald. Michalski, aye.

16.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10847-033108, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS FOR ARMANN HEIGHTS SUBDIVISION FROM ARMANN DEVELOPMENT, LLC, AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT (PROJECT NO. 01052). 

Ald. Foeckler, seconded by Ald. Michalski, moved to adopt Resolution No. 10847-033108, accepting dedication of public improvements for the Armann Heights subdivision from Armann Development, LLC, and releasing them from the terms and conditions of their development agreement (Project No. 01052).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

17.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10848-033108, ACCEPTING DEDICATION OF PUBLIC SEWER AND WATER MAIN IMPROVEMENTS FOR SCHMIDT DANCE STUDIO AT 9160 S. PENNSYLVANIA AVE. FROM CARY AND LORI A. SCHMIDT, AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT (PROJECT NO. 06050). 

Ald. Foeckler, seconded by Ald. Michalski, moved to adopt Resolution No. 10848-033108, accepting dedication of public sewer and water main improvements for the Schmidt Dance Studio at 9160 S. Pennsylvania Ave. from Cary and Lori A. Schmidt, and releasing them from the terms and conditions of their development agreement (Project No. 06050).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

18.       EXECUTIVE SESSION HELD.

Ald. Foeckler, seconded by Ald. Verhalen, moved to convene into Executive Session at 8:19 p.m., pursuant to Wisconsin State Statutes, to discuss the following:

1. Section 19.85(1)(e) to discuss strategy regarding the upcoming mediation relating to the purchase of the MMSD land on Howell Ave. at Oakwood Rd.; and
2. Section 19.85(1)(e)(g) to discuss the claim for excessive assessment filed by Oak Leaf 130, LLC, Oak Leaf 135, LLC and Oak Leaf 155, LLC - 130 Oak Leaf Dr., 135 Oak Leaf Dr., and 155 Oak Leaf Dr. (held 3/18/08).

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

19.       COUNCIL RECONVENES INTO OPEN SESSION.

Ald. Foeckler, seconded by Ald. Kopplin, moved to reconvene into Open Session at 8:58 p.m.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

20.       COUNCIL DENIES CLAIM FOR EXCESSIVE ASSESSMENT FILED BY OAK LEAF 130, LLC, OAK LEAF 135, LLC AND OAK LEAF 155, LLC - 130 OAK LEAF DR., 135 OAK LEAF DR., AND 155 OAK LEAF DR., AND TO AUTHORIZE CITY CLERK TO ISSUE NOTICE OF DISALLOWANCE. 

Ald. Foeckler, seconded by Ald. Kopplin, moved to deny the claim for excessive assessment filed by Oak Leaf 130, LLC, Oak Leaf 135, LLC and Oak Leaf 155, LLC - 130 Oak Leaf Dr., 135 Oak Leaf Dr., and 155 Oak Leaf Dr., and to authorize the City Clerk to issue a Notice of Disallowance.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; and Ald. Michalski, aye.

ADJOURNMENT.

Ald. Foeckler, seconded by Ald. Kopplin, moved to adjourn this meeting at 9:00 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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