PROCEEDINGS, COMMON COUNCIL MEETING MONDAY, APRIL 4, 2016, 7:00 P.M.

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1 PROCEEDINGS, COMMON COUNCIL MEETING MONDAY, APRIL 4, 2016, 7:00 P.M. CITY OF OAK CREEK MILWAUKEE COUNTY 1. Mayor Scaffidi called the meeting to order at 7:00 p.m. On roll call, the following alderpersons were present: Ald. Kurkowski, Ald. Bukiewicz, Ald. Verhalen, Ald. Toman, Ald. Gehl, and Ald. Guzikowski. Also present were City Attorney Melissa Karls, City Administrator Gerald Peterson, Fire Chief Thomas Rosandich, Streets, Utility Engineer Ron Pritzlaff, Community Development Director Douglas Seymour, interim Health Officer Anne Barberena, Human Resource Manager Becky Schermer, and City Clerk Catherine Roeske. 2. The meeting began with the Pledge of Allegiance being said by all present. 3. Ald. Kurkowski, seconded by Ald. Bukiewicz, moved to approve the minutes of the 3/15/16 meeting as published. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 4. PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO , CONGRATULATIONS TO MASON BARRIBEAU FOR RECEIVING EAGLE SCOUT AWARD. Ald. Gehl, seconded by Ald. Kurkowski, moved to adopt Council Proclamation No , Congratulations to Mason Barribeau for receiving the Eagle Scout Award. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 5. PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO , CONGRATULATIONS TO NICHOLAS T. KOSS FOR RECEIVING EAGLE SCOUT AWARD. Ald. Gehl, seconded by Ald. Guzikowski, moved to adopt Council Proclamation No , Congratulations to Nicholas T. Koss for receiving the Eagle Scout Award. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 6. PUBLIC HEARING HELD TO CONSIDER PROPOSED SPECIAL ASSESSMENTS FOR WATER MAIN AND APPURTENANCES FOR PROJECT NO , ON BOTH SIDES OF S. 15 TH ST. FROM APPROX. 50 NORTH OF E. WOODVIEW AVE. TO APPROX. 1,100 NORTH OF E. WOODVIEW AVE. A public hearing was held to consider proposed special assessments for water main and appurtenances for Project No , on both sides of S. 15 th St. from approximately 50 north of E. Woodview Avenue to approximately 1,100 north of E. Woodview Avenue. (See Item No. 7 for action on this hearing). 7. PRESENTED AND ADOPTED: RESOLUTION NO , A FINAL RESOLUTION AUTHORIZING WATER MAIN AND LATERAL IMPROVEMENTS, AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES ON BOTH SIDES OF S. 15 TH AVE. FROM 50 NORTH OF E. WOODVIEW AVE. TO 1,100 NORTH OF E. WOODVIEW AVE., EXCLUDING 9345 S. 15 TH AVE. AND 9300 S. 15 TH AVE. Ald. Verhalen, seconded by Ald. Bukiewicz, moved to adopt Resolution No , a final resolution authorizing water main and lateral improvements, and levying special assessments against benefited properties on both sides of S. 15 th Avenue from 50 north of East Woodview Avenue to 1,100 north of East Woodview Avenue, excluding 9345 S. 15 th Avenue and 9300 S. 15 th Avenue

2 2 Common Council Meeting, 4/4/2016 (Project No ). On roll call, the vote was as follows: Ald. Kurkowski, no; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, no; Ald. Gehl, aye; and Ald. Guzikowski, no. Vote results in a tie. Mayor votes aye. Motion passes. 8. PRESENTED AND ADOPTED: RESOLUTION NO , APPROVING CSM FOR PROPERTIES AT 9175, 9235 & 9325 S. 5 TH AVE. AND 3953 & 3975 E. AMERICAN AVE. Ald. Toman, seconded by Ald. Gehl, moved to adopt Resolution No , approving a Certified Survey Map for the properties at 9175, 9235, & 9325 S. 5 th Ave. and 3953 & 3975 E. American Ave. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 9. PUBLIC HEARING HELD TO CONSIDER REQUEST BY OAK CREEK WATER & SEWER UTILITY TO REZONE PROPERTY AT 3953 E. AMERICAN AVE. FROM RS-4, SINGLE FAMILY RESIDENTIAL, TO I-1, INSTITUTIONAL, AND AMEND LEGAL DESCRIPTION IN EXISTING CUP AFFECTING PROPERTIES AT 9175, 9235 & 9325 S. 5 TH AVE. AND 3975 E. AMERICAN AVE TO INCLUDE 3953 E. AMERICAN AVE. A public hearing was held to consider a request by the Oak Creek Water and Sewer Utility to rezone the property at 3953 E. American Ave. from Rs-4, Single Family Residential, to I-1, Institutional, and to amend the legal description in the existing Conditional Use Permit affecting the properties at 9175, 9235, and 9325 S. 5 th Avenue and 3975 E. American Avenue to include 3953 E. American Avenue. (See Item No. 10 for action on this hearing). 10 PRESENTED AND ADOPTED: ORDINANCE NO. 2798, APPROVING REZONING OF PROPERTY AT 3953 E. AMERICAN AVE. FROM RS-4, SINGLE FAMILY RESIDENTIAL, TO I-1, INSTITUTIONAL, AND AMENDING LEGAL DESCRIPTION IN SECTION 1 OF CUP FOR 9175, 9235 & 9325 S. 5 TH AVE. AND 3975 E. AMERICAN AVE. TO INCLUDE 3953 E. AMERICAN AVE. Ald. Toman, seconded by Ald. Guzikowski, moved to adopt Ordinance No. 2798, approving the rezoning of the property at 3953 E. American Ave. from Rs-4, Single Family Residential, to I-1, Institutional, and amending the legal description in Section 1 of the Conditional Use Permit for 9175, 9235 & 9325 S. 5 th Avenue and 3975 E. American Avenue to include 3953 E. American Avenue. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 11. PUBLIC HEARING HELD TO CONSIDER REQUEST TO REPEAL AND RECREATE SECTIONS (C)(1)C, (C)(3), (D)(6), AND (E)(1)E OF MUNICIPAL CODE REGARDING OUTDOOR LIGHTING. A public hearing was held to consider a request to repeal and recreate Sections (c)(1)e, (c)(3), (d)(6), and (e)(1)e of the Municipal Code regarding outdoor lighting. (See Item No. 12 for action on this hearing). 12. PRESENTED AND ADOPTED: ORDINANCE NO. 2796, AMENDING SECTION OF MUNICIPAL CODE REGULATING PHOTOMETRIC PLANS, ILLUMINATION LEVELS FOR REFUELING STATIONS, AND INCLUDING LED FIXTURES AS PERMITTED LIGHTING TYPE. Ald. Bukiewicz, seconded by Ald. Guzikowski, moved to adopt Ordinance No. 2796, amending Section of the Municipal Code regulating photometric plans, illumination levels for refueling stations, and including LED fixtures as a permitted lighting type. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, aye; and

3 Ald. Guzikowski, aye. 13. PRESENTED AND ADOPTED: RESOLUTION NO , AUTHORIZING DISSOLUTION OF TID NO. 4. Ald. Kurkowski, seconded by Ald. Bukiewicz, moved to adopt Resolution No , authorizing the dissolution of Tax Incremental District No. 4 of the City of Oak Creek. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 14. COUNCIL APPROVES ACTION RELATING TO POSITION OF CITY ADMINISTRATOR. Ald. Gehl, seconded by Ald. Toman, moved to concur with the Personnel Committee, and approve the recruitment timeline, job description, and to obtain proposals from executive search firms relating to the position of City Administrator. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 15. INFORMATIONAL UPDATE ON VERIZON WIRELESS LEASE. The Council was provided an informational update on the Verizon Wireless lease. The Oak Creek- Franklin School Board has decided to no longer pursue the possible relocation of Verizon Wireless from the School District cell phone tower on the 9 th grade school site to the City owned monopole at 255 E. Centennial. The City Council indicated a continued interest in pursuing communications leases from interested parties, including Verizon, should the School District and/or Verizon wish to discuss this option with the City. A lease option with T-Mobile is currently being negotiated. 16. COUNCIL RENEWS MARKETING SERVICES CONTRACT WITH CONNECT THE DOTS LLC FOR ONE-YEAR PERIOD ENDING 12/31/16. Ald. Kurkowski, seconded by Ald. Gehl, moved to renew the marketing services contract with Connect the Dots LLC for the one-year period ending December 31, On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 17. PRESENTED AND ADOPTED: RESOLUTION NO , ESTABLISHING DATE AND TIME OF 2016 BOARD OF REVIEW. Ald. Gehl, seconded by Ald. Guzikowski, moved to adopt Resolution No , establishing the date and time of the 2016 Board of Review. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, aye; and Ald. Guzikowski, aye. 18. COUNCIL APPROVES VENDOR SUMMARY REPORT. Ald. Gehl, seconded by Ald. Guzikowski, moved to approve the 2016 Vendor Summary Report in the amount of $616, On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 3

4 19. PRESENTED AND ADOPTED: RESOLUTION NO , ENTERING INTO A LONGITUDINAL PIPELINE AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY FOR WORK WITHIN RAILROAD RIGHT-OF-WAY FOR S. 5 TH AVE. RELOCATION PROJECT. Ald. Toman, seconded by Ald. Guzikowski, moved to adopt Resolution No , a resolution to enter into a Longitudinal Pipeline Agreement with the Union Pacific Railroad Company for work within the railroad right-of-way for the S. 5 th Avenue relocation project (Project No ). Ald. Toman, aye; Ald. Gehl, 20. COUNCIL DENIES OPERATOR S LICENSE TO BRENDA FLEURY, 2835 W. COLLEGE AVE., MILWAUKEE (7-ELEVEN) FOR FALSIFICATION BY OMISSION. Ald. Kurkowski, seconded by Ald. Gehl, moved to deny an Operator s license to Brenda Fleury, 2835 W. College Ave., Milwaukee (7-Eleven) for falsification by omission. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 21. COUNCIL DENIES OPERATOR S LICENSE TO EDWARD THIGPEN, 230 W. RAINBOW RIDGE DR., OAK CREEK (WATER STREET BREWERY) FOR FALSIFICATION BY OMISSION AND BEING HABITUAL OFFENDER. Ald. Kurkowski, seconded by Ald. Gehl, moved to deny an Operator s license to Edward Thigpen, 230 W. Rainbow Ridge Dr., Oak Creek (Water Street Brewery) for falsification by omission and for being a habitual offender. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 22. COUNCIL DENIES OPERATOR S LICENSE TO STEVEN HOSKINS, 6100 W. STATE ST., MILWAUKEE (WATER STREET BREWERY) FOR FALSIFICATION BY OMISSION AND BEING HABITUAL OFFENDER. Ald. Kurkowski, seconded by Ald. Gehl, moved to deny an Operator s license to Steven Hoskins, 6100 W. State Street, Milwaukee (Water Street Brewery) for falsification by omission and for being a habitual offender. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 23. COUNCIL GRANTS TRANSIENT MERCHANT LICENSE TO BCI EXTERIORS, INC., N57 W13566 CARMEN AVE., MENOMONEE FALLS, AND TO SALESPERSON. Ald. Kurkowski, seconded by Ald. Gehl, moved to grant a Transient Merchant license to BCI Exteriors, Inc., N57 W13566 Carmen Ave., Menomonee Falls, and to the following salesperson: Peter Quaal, N64 W24410 Main St., Sussex Ald. Toman, aye; Ald. Gehl, 4

5 24. COUNCIL GRANTS SPECIAL EVENT PERMIT TO NAVDEEP GILL, EVENT COORDINATOR FOR CHARDHI KALA 6K MEMORIAL RUN/WALK SIKH TEMPLE OF WISCONSIN, 7512 S. HOWELL AVE., FOR RUN/WALK EVENT ON 8/6/16. Ald. Kurkowski, seconded by Ald. Gehl, moved to grant a Special Event permit to Navdeep Gill, Event Coordinator for Chardhi Kala 6K Memorial Run/Walk Sikh Temple of Wisconsin, 7512 S. Howell Ave., for a run/walk event on August 6, On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, aye; and Ald. Guzikowski, aye. 25. COUNCIL GRANTS OPERATOR S LICENSES. Ald. Kurkowski, seconded by Ald. Gehl, moved to grant an Operator s license to: Brittany Frank, 3344 S. 17 th St., Milwaukee Eric Wendt, 505 E. Randy Rd., Oak Creek (Bootz) Arrman Fischer, 1407 N. Doctor MLK Dr., Milwaukee (Kwik Trip) Kumar Upwinder, 6601 S. Yale Dr., Franklin (Oak Creek Mobil) Rabindra Neupane, 5034 N. 106 th St., Milwaukee (Oak Creek Mobil) Jennifer Amezquita, 1568 S. 22 nd St., Milwaukee (El Fogan) Ald. Toman, aye; Ald. Gehl, 26. COUNCIL GRANTS TRANSIENT MERCHANT LICENSE TO THE WINDOW STORE HOME IMPROVEMENTS, 2706 S. 163 RD ST., NEW BERLIN; AND TO SALESPERSONS. Ald. Kurkowski, seconded by Ald. Gehl, moved to grant a Transient Merchant license to The Window Store Home Improvements, 2706 S. 163 rd St., New Berlin, and to the following salespersons: Jeffrey VandenBoom, rd St., Caledonia Zachary Drew, 3301 N. 88 th St., Milwaukee Solomon Roberts, 818 Aspen Dr., Hartford Keith Harvey, 4163 County Road G, Caledonia Ald. Toman, aye; Ald. Gehl, 27. CLOSED SESSION HELD. Ald. Gehl, seconded by Ald. Guzikowski, moved to convene into Closed Session at 8:38 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to discuss the terms of the possible second amendment to the Tax Incremental District 11 Finance Development Agreement with Oak Creek Medical Developer, Inc. (HSA-Froedtert Hospital Development). On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, 28. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN. Ald. Gehl, seconded by Ald. Guzikowski, moved to reconvene into Open Session at 9:58 p.m. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, No action was taken. 5

6 ADJOURNMENT. Ald. Kurkowski, seconded by Ald. Guzikowski, moved to adjourn this meeting at 10:00 p.m. On roll call, the vote was as follows: Ald. Kurkowski, aye; Ald. Bukiewicz, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Gehl, ATTEST: Catherine A. Roeske, City Clerk Stephen Scaffidi, Mayor 6