PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MAY 6, 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, Assistant City Attorney Melissa Karls, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Building Inspector Ed Ciechanowski, Fire Chief Brian Satula, Assistant Fire Chief Thomas Rosandich, and City Clerk Pam Bauer.

1.         INFORMATIONAL:  MAYORAL PROCLAMATION FOR POPPY DAYS - MAY 16 AND 17, 2008, OELSCHLAEGER-DALLMANN AMERICAN LEGION POST 434 AND AUXILIARY.

The Mayoral Proclamation for Poppy Days, May 16 and 17, 2008 - Oelschlaeger-Dallmann American Legion Post 434 and Auxiliary was informational.  Poppy Princesses Amber & Kimberly Kasiske were present.

2.         INFORMATIONAL:  MAYORAL PROCLAMATION FOR BUDDY POPPY DAYS - MEYER-DZIEDZIC VFW POST 8482, MAY 9 AND 10, 2008.

The Mayoral Proclamation for Buddy Poppy Days, Meyer-Dziedzic VFW Post 8482 - May 9 and 10, 2008 was informational.

3.         INFORMATIONAL:  MAYORAL PROCLAMATION FOR BUDDY POPPY DAYS - MEYER-DZIEDZIC LADIES AUXILIARY TO VFW POST 8482, MAY 9 AND 10, 2008.

The Mayoral Proclamation for Buddy Poppy Days, Meyer-Dziedzic Ladies Auxiliary to VFW Post 8482 - May 9 and 10, 2008 was informational.

4.         REPRESENTATIVE MARK HONADEL PRESENTED LEGISLATIVE UPDATE RELATING TO PUBLIC UTILITY AID.

Representative Mark Honadel presented a legislative update relating to public utility aid.

5.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY SYNER G DEVELOPMENT TO REZONE PROPERTIES AT 239 AND 325 E. COLLEGE AVE. AND 6440, 6460 AND 6448 S. HOWELL AVE. FROM B-2 COMMUNITY BUSINESS TO B-4 (PUD) COMMUNITY BUSINESS PLANNED UNIT DEVELOPMENT.

A public hearing was held to consider a proposal by Syner g Development to rezone the properties at 239 and 325 E. College Ave. and 6440, 6460 and 6448 S. Howell Ave. from B-2 Community Business to B-4 (PUD) Community Business Planned Unit Development.  A summary transcript is available in the City Clerk’s Office (see item 8 for action on this hearing).

6.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY WISCO HOTEL GROUP TO AMEND SECTION 7B OF PLANNED UNIT DEVELOPMENT CONDITIONS AND RESTRICTIONS FOR PROPERTIES AT 6440 AND 6466 S. 13^TH ST. TO ALLOW TWO HOTELS TO DISPLAY TWO WALL SIGNS ON EACH BUILDING.

A public hearing was held to consider a proposal by Wisco Hotel Group to amend Section 7B of the Planned Unit Development conditions and restrictions for the properties at 6440 and 6466 S. 13^th St. to allow the two hotels to display two wall signs on each building.  A summary transcript is available in the City Clerk’s Office (see item 9 for action on this hearing).

7.         PUBLIC HEARING HELD TO CONSIDER PROPOSED AMENDMENT TO SECTION 17.0330 OF ZONING ORDINANCE WHICH WOULD MAKE MULTI-FAMILY RESIDENTIAL CONDITIONAL USE IN RRO REGIONAL RETAIL S. 27^TH STREET OVERLAY DISTRICT, AND PROPOSED AMENDMENT TO SECTION 17.0332 OF ZONING ORDINANCE WHICH WOULD REMOVE HIGH-DENSITY RESIDENTIAL AS PERMITTED USE AND MAKE MULTI-FAMILY RESIDENTIAL CONDITIONAL USE IN NO MIXED USE NEIGHBORHOOD S. 27^TH STREET OVERLAY DISTRICT. 

A public hearing was held to consider a proposed amendment to Section 17.0330 of the Zoning Ordinance which would make multi-family residential a conditional use in the RRO Regional Retail S. 27^th Street Overlay District, and a proposed amendment to Section 17.0332 of the Zoning Ordinance which would remove high-density residential as a permitted use and make multi-family residential a conditional use in the NO Mixed Use Neighborhood S. 27^th Street Overlay District.  A summary transcript is available in the City Clerk’s Office (see item 10 for action on this hearing).

8.         PRESENTED AND ADOPTED AS AMENDED:  ORDINANCE NO. 2499, REZONING PROPERTIES AT 239 AND 325 E. COLLEGE AVE. AND 6440, 6460 AND 6448 S. HOWELL AVE. FROM B-2 COMMUNITY BUSINESS TO B-4 (PUD) HIGHWAY BUSINESS PLANNED UNIT DEVELOPMENT (SYNER G DEVELOPMENT).

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Ordinance No. 2499, rezoning the properties at 239 and 325 E. College Ave. and 6440, 6460 and 6448 S. Howell Ave. from B-2 Community Business to B-4 (PUD) Highway Business Planned Unit Development (Syner G development), with Section 2(e) and 10(c) of the conditions and restrictions revised to restrict the off-premise long-term parking to passenger vehicles and RVs.  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:  ORDINANCE NO. 2500, AMENDING B-4 HIGHWAY BUSINESS PUD (PLANNED UNIT DEVELOPMENT) AT 6460 AND 6466 S. 13^TH ST. TO ALLOW TWO WALL SIGNS PER BUILDING (WISCO HOTEL GROUP). 

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Ordinance No. 2500, amending the B-4 Highway Business PUD (Planned Unit Development) at 6460 and 6466 S. 13^th St. to allow two wall signs per building (Wisco Hotel Group).  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.       PRESENTED AND ADOPTED:  ORDINANCE NO. 2501, AMENDING SECTIONS 17.0330 AND 17.0332 REGARDING MULTIFAMILY RESIDENTIAL USES IN RRO-REGIONAL RETAIL AND NO – MIXED USE NEIGHBORHOOD OVERLAY DISTRICTS. 

Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2501, amending Sections 17.0330 and 17.0332 regarding multifamily residential uses in the RRO-Regional Retail and NO – Mixed Use neighborhood overlay districts.  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 PRESIDENT MAKES ALDERMANIC COMMITTEE APPOINTMENTS.

Common Council President Ald. Grabowski made her aldermanic appointments as follows:

1. Personnel Committee (minimum of 2) – 3 – Ald. Toman, Chair; Ald. Michalski; Ald. Verhalen
2. Capital Improvements Committee – 3 – Ald. Grabowski, Chair; Ald. Verhalen; Ald. Toman
3. License Committee -3 – Ald. Verhalen, Chair; Ald. Grabowski; Ald. Bukiewicz
4. Plan Commission Representatives – 2 – Ald. Grabowski; Ald. Kopplin
5. Board of Health Representative – 1 – Ald. Kopplin
6. Emergency Government Committee Representative – 1 (plus Council President) – Ald. Grabowski; Ald. Kopplin
7. Parks, Recreation and Forestry Commission – 1 – Ald. Bukiewicz
8. Cable Advisory Committee – 1 – Ald. Michalski
9. Traffic and Safety Commission – 1 – Ald. Bukiewicz

12.       MAYOR MAKES ALDERMANIC COMMITTEE APPOINTMENTS.

The Mayor’s aldermanic appointments are as follows:

1. Library Board – 1 – Ald. Toman
2. Community Development Authority (CDA) - (2) – Ald. Michalski; Ald. Kopplin
3. Community Center Board of Directors – 1 – Ald. Bukiewicz
4. ad hoc Bender Park Committee – 2 – Ald. Toman; Ald. Grabowski
5. Small Claims Committee – 1 – Ald. Grabowski
6. Water & Sewer Utility Commission – 1 – Ald. Kopplin

13.       COUNCIL CONCURS WITH MAYOR’S REAPPOINTMENTS TO VARIOUS COMMITTEES.

Ald. Grabowski, seconded by Ald. Michalski, moved to concur with the Mayor’s reappointments as follows:

1. Weed Commissioners (1-year term expiring 4/09)
• Brent and Rosemary Conley
2. Celebrations Commission (3-year term expiring 4/11)
• Chris Bolender
• Sharon Armstrong
3. Civil Service Commission (5-year term expiring 4/13)
• Paul Kortman
4. Library Board (3-year term expiring 6/11)
• Karen Umbs
5. Parks, Recreation & Forestry Commission (3-year term expiring 4/11)
• Ann Lampe
• Marianne Dickmann
• Paul Sigler, School District Representative (1-year term expiring 4/09)
6. Zoning and Housing Board of Appeals (3-year term expiring 4/11)
• Randy Gregorek
• Lawrence Bodette

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.       PRESENTATION MADE BY CITY ADMINISTRATOR AND MR. PAUL THOMPSON, FINANCIAL ADVISOR, HUTCHINSON, SHOCKEY & ERLEY, CO., REGARDING POTENTIAL SPENDING PLAN FOR REPLACING CITY HALL, LIBRARY, FIRE STATION NO. 1 AND FIRE STATION NO. 2. 

A presentation was made by the City Administrator and Mr. Paul Thompson, Financial Advisor, Hutchinson, Shockey & Erley, Co., regarding a potential spending plan for replacing the City Hall, Library, Fire Station No. 1 and Fire Station No. 2.

15.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10866-050608, AUTHORIZING ISSUANCE OF $7,000,000 GENERAL OBLIGATION PROMISSORY NOTES AND ISSUANCE AND SALE OF $7,000,000 NOTE ANTICIPATION NOTES IN ANTICIPATION THEREOF (STREET DEPARTMENT CONSTRUCTION PROJECT). 

Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No.10866-050608, authorizing the issuance of $7,000,000 General Obligation Promissory Notes and the Issuance and Sale of $7,000,000 Note Anticipation Notes in Anticipation Thereof (Street Department construction project).  On roll call, the vote was as follows:  Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

16.       COUNCIL APPROVES, IN CONCEPT, INTERGOVERNMENTAL COOPERATION ARRANGEMENT WITH WISCONSIN HOUSING PRESERVATION CORP. (WHPC) AND REDEVELOPMENT AUTHORITY OF CITY OF MILWAUKEE (RACM) FOR ISSUANCE OF $9.5 MILLION BOND (ESTIMATED). 

Ald. Michalski, seconded by Ald. Toman, moved to approve, in concept, the intergovernmental cooperation arrangement with the Wisconsin Housing Preservation Corp. (WHPC) and the Redevelopment Authority of the City of Milwaukee (RACM) for the issuance of a $9.5 million bond (estimated).  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.       COUNCIL DENIES REQUEST OF OELSCHLAEGER-DALLMANN AMERICAN LEGION POST 434, 9327 S. SHEPARD AVE., TO ABSORB THEIR 2007 STORM WATER FEES IN AMOUNT OF $1,650.00.

Ald. Verhalen, seconded by Ald. Grabowski, moved to deny the request of Oelschlaeger-Dallmann American Legion Post 434, 9327 S. Shepard Ave., to absorb their 2007 storm water fees in the amount of $1,650.00).  On roll call, the vote was as follows:  Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, no; Ald. Grabowski, aye; and Ald. Michalski, aye.

18.       INFORMATIONAL:  MAYORAL PROCLAMATION FOR BUILDING SAFETY WEEK, MAY 5-11, 2008.

The Mayoral Proclamation for Building Safety Week, May 5-11, 2008 was informational only.

19.       PRESENTED AND ADOPTED:  ORDINANCE NO. 2502, RENAMING POSITION OF FINANCE MANAGER TO FINANCE DIRECTOR AND AMENDING SALARY RANGE AND CURRENT SALARY, EFFECTIVE 5/1/08. 

Ald. Toman, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2502, renaming the position of Finance Manager to Finance Director and amending the salary range and current salary, effective 5/1/08.  On roll call, the vote was as follows:  Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

20.       COUNCIL APPROVES SIDE LETTER OF AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1848 THAT ESTABLISHES STEP-UP PAY FOR BATTALION CHIEF POSITION. 

Ald. Toman, seconded by Ald. Michalski, moved to concur with the recommendation of the Personnel Committee to approve a Side Letter of Agreement with the International Association of Firefighters Local 1848 that establishes step-up pay for the Battalion Chief position.  On roll call, the vote was as follows:  Ald. Bukiewicz, aye; Ald. Verhalen, no; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Michalski, aye.

21.       VENDOR SUMMARY REPORT APPROVED.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $428,186.03.  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.       LICENSE COMMITTEE.

Ald. Grabowski, seconded by Ald. Verhalen, moved to take action on the various license requests as follows:

• Grant an Original Reserve Class B Combination license to Blazin Wings, Inc., Daniel T. Collicott, Agent, for Buffalo Wild Wings Grill & Bar, 8171 S. Howell Ave., Suite 100, with issuance subject to receipt of an occupancy permit;
• Grant an Operator’s license to:
  • Nora Lynn Kozlowski, 565 W. Riverwood Dr. (Big Mouth Frog)
  • Sharon M. Angeli, 3318 W. Woodward Dr., Franklin (Aldi)
  • Carol S. Pultz, 1110 S. 56^th St., West Allis (Community Center)
  • Amy L. Winters, 13609 60^th St., Bristol (Woodman’s)
  • Amelia Jean Muraszewski, 1225 E. Norwich Ave., St. Francis (Gary’s)
  • Brian Keith Steck, 3777A E. Carpenter Ave., Cudahy (Woodland Golf);
• Grant a transient merchant license to sell ice cream products to Ahmad K. Joseph, 2528 W. Abbott Ave., Milwaukee, WI.

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 23 through 26 were taken as one motion.

23.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10862-050608, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS FOR FIELDPOINTE DR. CUL-DE-SAC EXTENSION FROM DEVELOPER, MICHAEL G. AND SUSAN S. WENZEN, AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT.

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10862-050608, accepting dedication of public improvements for the Fieldpointe Dr. cul-de-sac extension from the developer, Michael G. and Susan S. Wenzen, and releasing them from the terms and conditions of their development agreement (Project No. 03055).  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10858-050608, ACCEPTING DEDICATION OF PUBLIC WATER MAIN IMPROVEMENTS FOR MC ADAMS GRAPHICS CSM AT 7200 S. 1^ST ST. FROM MC ADAMS GRAPHICS, INC., AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT.

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10858-050608, accepting dedication of public water main improvements for the McAdams Graphics CSM at 7200 S. 1^st St. from McAdams Graphics, Inc., and releasing them from the terms and conditions of their development agreement (Project No. 06051).  On roll call, the vote was as follows:  Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

25.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10864-050608, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS FOR PIONEER ESTATES ADDITION NO. 3 SUBDIVISION FROM SCHOENLEBER DEVELOPMENT, INC., AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT.

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10864-050608, accepting dedication of public improvements for the Pioneer Estates Addition No. 3 subdivision from Schoenleber Development, Inc., and releasing them from the terms and conditions of their development agreement (Project No. 93116).  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10865-050608, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH TEG PROPERTIES, LLC FOR THEIR PROPOSED BLACK DIAMOND DEVELOPMENT AT 6965 S. 6^TH ST. 

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10865-050608, approving a storm water management practices maintenance agreement with TEG Properties, LLC for their proposed Black Diamond development at 6965 S. 6^th St.  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 9:34 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:

            ________________________________        ___________________________________

            Pamela S. Bauer, CMC, City Clerk                   Richard R. Bolender, Mayor