PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, APRIL 15, 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 was excused, Ald. Bukiewicz, Ald. Verhalen, Ald. Toman, Ald. Grabowski, and Ald. Michalski. Also present were: City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, City Engineer Wayne St. John, Street Superintendent Michael Lampe, Utility General Manager Steve Yttri, Fire Chief Brian Satula, Finance Manager RoseAnn Underberg, and City Clerk Beverly Buretta.

CITY CLERK SWEARS IN NEWLY-ELECTED OFFICIALS.

City Clerk Beverly Buretta swore in 2^nd District Alderperson Daniel J. Bukiewicz, 4^th District Alderperson Michael E. Toman, 6^th District Alderperson Thomas Michalski, City Clerk Pamela S. Bauer, and City Treasurer Barbara Guckenberger.

COUNCIL APPROVES MINUTES OF 3/31/08.

Ald. Michalski, seconded by Ald. Verhalen, moved to approve the minutes of the 3/31/08 meeting as published. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

1. PRESENTED AND ADOPTED: RESOLUTION NO. 10859-041508, APPRECIATION TO BEVERLY A. BURETTA, RETIRING CITY CLERK/COMPTROLLER.

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10859-041508, appreciation to Beverly A. Buretta, retiring City Clerk/Comptroller. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

2. PRESENTED AND ADOPTED: RESOLUTION NO. 10860-041508, APPRECIATION TO ALLAN M. FOECKLER AS 2^ND DISTRICT ALDERPERSON.

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10860-041508, appreciation to Allan M. Foeckler as 2^nd District Alderperson. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

3. ALD. GRABOWSKI ELECTED COMMON COUNCIL PRESIDENT.

City Attorney Lawrence Haskin explained the procedure for election of a Common Council President. The Mayor then opened the floor for nominations. Ald. Toman nominated Ald. Kopplin. Ald. Verhalen nominated Ald. Grabowski. Ald. Verhalen, seconded by Ald. Grabowski, moved to close nominations. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. On a vote by paper ballot, Ald. Grabowski received 3 votes and Ald. Kopplin received 2 votes. Therefore, Ald. Grabowski was elected Common Council President.

4. DIRECTED HELD: COMMON COUNCIL PRESIDENT’S ALDERMANIC APPOINTMENTS.

The Common Council President’s aldermanic appointments as follows were directed held:

Personnel Committee (minimum of 2) – 3
Capital Improvements Committee – 3
License Committee -3
Plan Commission Representatives – 2
Board of Health Representative – 1
Emergency Government Committee Representative – 1 (plus Council President)
Parks, Recreation and Forestry Commission – 1
Cable Advisory Committee – 1
raffic and Safety Commission – 1

5. DIRECTED HELD: MAYOR’S ALDERMANIC APPOINTMENTS.

The Mayor’s aldermanic appointments as follows were directed held:

Library Board - 1
Community Development Authority (CDA) (2)
Community Center Board of Directors - 1
ad hoc Bender Park Committee - 2
Small Claims Committee – 1
Water & Sewer Utility Commission – 1

6. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY BIELINSKI HOMES TO REZONE PROPERTIES AT 3010, 3080, 3110, 3260, 3330R, 3324 AND 3400 E. ELM RD. FROM RS-3 SINGLE FAMILY RESIDENTIAL AND A-1 AGRICULTURAL TO RS-2 (PUD) SINGLE FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT.

A public hearing was held to consider a proposal by Bielinski Homes to rezone the properties at 3010, 3080, 3110, 3260, 3330R, 3324 and 3400 E. Elm Rd. from Rs-3 Single Family Residential and A-1 Agricultural to Rs-2 (PUD) Single Family Residential Planned Unit Development. A summary transcript is available in the City Clerk’s Office (see item 7 for action on this hearing).

7. PRESENTED AND ADOPTED AS AMENDED TO REQUIRE INSTALLATION OF PASSIVE GATE AT COST OF DEVELOPER WITH MAINTENANCE TO BE RESPONSIBILITY OF AUTUMN FIELDS HOMEOWNERS’ ASSOCIATION: ORDINANCE NO. 2498, REZONING PROPERTIES AT 3010, 3080, 3110, 3260, 3330R, 3324 AND 3400 E. ELM RD. FROM RS-3 SINGLE FAMILY RESIDENTIAL AND A-1 AGRICULTURAL TO RS-2 (PUD) SINGLE FAMILY RESIDENTIAL PLANNED UNIT DEVELOPMENT (BIELINSKI HOMES).

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Ordinance No. 2498, rezoning the properties at 3010, 3080, 3110, 3260, 3330R, 3324 and 3400 E. Elm Rd. from Rs-3 Single Family Residential and A-1 Agricultural to Rs-2 (PUD) Single Family Residential Planned Unit Development (Bielinski Homes). Motion, with second agreeing, was amended to approve, with the condition that a passive gate will be installed at the cost of the developer, and maintenance to be the responsibility of the Autumn Fields homeowners’ association. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

8. DIRECTED FILED: ORDINANCE NO. 2497, WHICH WOULD AMEND CHAPTER 17.0315(C) OF MUNICIPAL CODE TO ALLOW LIMOUSINE SERVICES WITH OUTDOOR STORAGE OF VEHICLES A CONDITIONAL USE IN B-4 HIGHWAY BUSINESS ZONING DISTRICT (SAMEER ABULUGHOD).

Ald. Michalski, seconded by Ald. Grabowski, moved to not adopt 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). Motion, with second agreeing, was amended to file Ordinance No. 2497. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

9. PRESENTED AND ADOPTED: RESOLUTION NO. 10855-041508, RESOLUTION AUTHORIZING AND RATIFYING REDEMPTION OF PORTION OF $1,465,000 SEWERAGE SYSTEM REVENUE BONDS, DATED SEPTEMBER 1, 1996.

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10855-041508, a resolution authorizing and ratifying redemption of a portion of $1,465,000 Sewerage System Revenue Bonds, dated September 1, 1996. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

10. COUNCIL AUTHORIZES WRITE-OFF OF DEFERRED SPECIAL ASSESSMENTS FOR TAX KEY NO. 829-9000-001, CITY STREET DEPARTMENT GARAGE SITE AT 800 W. PUETZ RD. IN AMOUNT OF $19,106.98.

Ald. Michalski, seconded by Ald. Toman, moved to authorize the write-off of deferred special assessments for Tax Key No. 829-9000-001, the City Street Department Garage site at 800 W. Puetz Rd. in the amount of $19,106.98. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

11. COUNCIL CONFIRMS RECOMMENDATION OF SMALL CLAIMS COMMITTEE TO ISSUE PAYMENT TO MIGUEL URIBE, JR., IN AMOUNT OF $8,104.42 FOR VEHICLE REPAIRS, CAR RENTAL FEES INCURRED IN AMOUNT OF $1,344.75 AS OF 3/7/08, AND ADDITIONAL CAR RENTAL FEES IN AMOUNT OF $1,335.15, SUBJECT TO RECEIPT OF SIGNED RELEASE, AS RESULT OF DAMAGE TO HIS 2006 MAZDA BY SNOW PLOW ON 2/6/08.

Ald. Grabowski, seconded by Ald. Michalski, moved to confirm the recommendation of the Small Claims Committee to issue payment to Miguel Uribe, Jr., in the amount of $8,104.42 for vehicle repairs, car rental fees incurred in the amount of $1,344.75 as of 3/7/08, and additional car rental fees in the amount of $1,335.15, subject to receipt of a signed release, as a result of damage to his 2006 Mazda by a snow plow on 2/6/08. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

12. INFORMATIONAL: MAYORAL PROCLAMATION FOR NATIONAL TELECOMMUNICATORS’ WEEK, APRIL 6-12, 2008.

Mayoral Proclamation relating to National Telecommunicators’ Week, April 6-12, 2008 was informational only.

13. VENDOR SUMMARY REPORT APPROVED.

Ald. Michalski, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $345,206.97. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

14. LICENSE COMMITTEE.

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

Deny an Operator’s license to:

Timothy Robert Berres, 7103 W. Armour Ave., Greenfield (Comfort Suites)

Grant an Operator’s license to:

Julie Ann Cherechinsky, 29801 Clover Ln., Waterford (MATC)

Nicole Marie Chavez, 7321 14^th Ave., Kenosha (Woodman’s)

Michael Njia Malafa, 4501 Jenewein Rd., Fitchburg (Woodman’s)

Steven George Haze, 2402 26^th St., Kenosha (Woodman’s)

Brooke Bethany Wolf, 3537 Debby Ln., Franksville (Woodman’s)

Kary Beth Smith, 10680 S. McGraw Dr. (Gary’s)

Angie Marie Karolewicz, 2458 S. 5^th Pl., Milwaukee (Qdoba)

Casey Joe Hendrickson, 2040 S. 70^th St., West Allis (Woodman’s)

Steve B. Affeldt, 497 W. Sunnyview Dr., (Woodman’s)

Grant the request of Randy Brian Donais, 5200 S. Tuckaway Blvd., Greenfield, to solicit sales for EMS Marketing Service selling AT&T Products:

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

15. INFORMATIONAL: PRESENTATION BY CITY FORESTER ON EMERALD ASH BORER PREPARATION.

The Power Point Presentation by the City Forester on the Emerald Ash Borer preparation was informational only.

16. COUNCIL AWARDS 2008 TREE PURCHASE BID TO JOHNSON’S NURSERY IN AMOUNT OF $27,089.00 AND GREEN ACRES NURSERY IN AMOUNT OF $528.00, FOR TOTAL OF $27,617.00.

Ald. Grabowski, seconded by Ald. Michalski, moved to award the 2008 tree purchase bid to the following two nurseries: Johnson’s Nursery in the amount of $27,089.00 and Green Acres Nursery in the amount of $528.00, for a total of $27,617.00 (Project No. 08003). On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

17. PRESENTED AND ADOPTED: RESOLUTION NO. 10856-041508, AUTHORIZING ROAD IMPROVEMENT PROJECTS FOR 2008.

Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10856-041508, authorizing the road improvement projects for 2008. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

18. PRESENTED AND ADOPTED: RESOLUTION NO. 10857-041508, AUTHORIZING HOWELL AVE. SIDEWALK IMPROVEMENT PROJECTS.

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10857-041508, accepting the recommendation of the CIP Committee to authorize the S. Howell Ave. sidewalk improvement projects. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

19. PRESENTED AND ADOPTED: RESOLUTION NO. 10853-041508, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH ST. STEPHEN’S CONGREGATION FOR THEIR PROPOSED ST. STEPHEN CATHOLIC CHURCH DEVELOPMENT AT 1441 W. OAKWOOD RD.

Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10853-041508, approving a storm water management practices maintenance agreement with St. Stephen’s Congregation for their proposed St. Stephen Catholic Church development at 1441 W. Oakwood Rd. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

20. COUNCIL APPROVES REALIGNMENT OF W. DREXEL AVE. SOUTH OF EXISTING CENTER LINE.

Ald. Michalski, seconded by Ald. Grabowski, moved to concur with the recommendation of the CIP Committee to realign W. Drexel Ave. south of the existing center line (Project No. 06010). On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

Note: Items 21 through 23 were taken as one motion.

21. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENT FOR PROJECT NO. 05036.

Ald. Grabowski, seconded by Ald. Verhalen, moved to authorize payment of the contract progress payment for Project No. 05036. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

22. PRESENTED AND ADOPTED: RESOLUTION NO. 10852-041508, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS FOR GEORGETOWN COMMONS WEST ADDITION NO. 1 SUBDIVISION FROM KAEREK HOMES, INC., AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT (PROJECT NO. 02060).

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10852-041508, accepting dedication of public improvements for the Georgetown Commons West Addition No. 1 subdivision from Kaerek Homes, Inc., and releasing them from the terms and conditions of their development agreement (Project No. 02060). On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

23. PRESENTED AND ADOPTED: RESOLUTION NO. 10854-041508, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS FOR KRAEGER CSM FROM GARY P. AND STEVEN F. KRAEGER, AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT.

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10854-041508, accepting dedication of public improvements for the Kraeger CSM from Gary P. and Steven F. Kraeger, and releasing them from the terms and conditions of their development agreement (Project No. 05063). On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

24. INFORMATIONAL: CLOSING REMARKS BY CITY CLERK BEVERLY A. BURETTA.

Closing remarks by retiring City Clerk Beverly A. Buretta were informational only.

25. EXECUTIVE SESSION HELD.

Ald. Grabowski, seconded by Ald. Verhalen, moved to convene into Executive Session at 9:25 p.m., pursuant to Wisconsin State Statutes, to discuss the following:

Section 19.85(1)(e)(g) to discuss negotiations with property owners and possible litigation regarding blighted and contaminated properties located east of 5^th Ave., south of Puetz Rd. and north of Ryan Rd.;
Section 19.85(1)(e)(g) to discuss strategy regarding pending litigation with MMSD relating to land located south and west of the intersection of S. Howell Ave. and W. Oakwood Rd.; and
Section 19.85(1)(e) to discuss strategy regarding the potential purchase of the Delphi property at 7929 S. Howell Ave.

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

26. COUNCIL RECONVENES INTO OPEN SESSION.

Ald. Grabowski, seconded by Ald. Michalski, moved to reconvene into Open Session at 10:50 p.m. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

27. COUNCIL TAKES ACTION ON CERTAIN EXECUTIVE SESSION ITEMS.

Ald. Toman, seconded by Ald. Grabowski, moved to authorize retaining Attorney Arthur Harrington of Godfrey & Kahn for an amount up to $25,000 inclusive of what was spent in outside fees on the Delphi site, to authorize submission of grant applications to the DNR, EPA and any other appropriate governmental agency for the environmental investigation, and to authorize the issuance of an RFP to environmental contractors for estimates on demolition of buildings and remediation at no cost to the City. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Ald. Grabowski, seconded by Ald. Toman, moved to direct staff to initiate the rezoning to A-1 for the Delphi property at 7929 S. Howell Ave. Motion, with second agreeing, was amended to include directing staff to initiate changes to the Official Map. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

ADJOURNMENT.

Ald. Grabowski, seconded by Ald. Michalski, moved to adjourn this meeting at 10:55 p.m. On roll call, the vote was as follows: Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

ATTEST:

________________________________ ___________________________________

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