PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

                                                TUESDAY, APRIL 15, 2003, 6:00 P.M.

 

 

CITY OF OAK CREEK

MILWAUKEE COUNTY

 

 

The meeting began with the Pledge of Allegiance being said by all present, and was led by Brittany Berggren-Bolender.

 

Mayor Richard Bolender called the meeting to order at 6:00 p.m.  On roll call, the following aldermen were present:  Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Grabowski, and Ald. Koehler.  Also present were:  City Administrator Robert Kufrin, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, Building Commissioner Ed Ciechanowski, Police Chief Thomas Bauer, Community Public Health Administrator Deborah Schier, Information Technology Manager Caesar Geiger, and City Clerk Beverly Buretta.

 

Ald. Kopplin, seconded by Ald. Koehler, moved to approve the minutes of the 3/25/03 and 3/31/03 meetings as published. All voted aye; motion carried.

 

Mayor Richard Bolender, 1st District Alderperson Elizabeth Kopplin, 3rd District Alderperson Ann Lampe, 5th District Alderperson Dimity Grabowski, and City Treasurer Barbara Guckenberger were officially sworn in to office by City Clerk Beverly Buretta.

 

1.         INFORMATIONAL:  PRESENTATION BY U.S. EPA ON STATUS OF BOERKE LANDFILL SUPERFUND SITE ON RYAN RD.

 

            The presentation by the U.S. EPA on the status of the Boerke Landfill Superfund site on Ryan Rd. was informational only.

 

2.         PUBLIC HEARING HELD TO CONSIDER REQUEST OF RYAN ROAD STORAGE, LLC, TO REZONE PORTION OF PROPERTY AT 840 W. RYAN RD. FROM B-4 HIGHWAY BUSINESS, CU (MARINE SALES AND SERVICE) TO M-1 MANUFACTURING AND TO GRANT CONDITIONAL USE PERMIT TO ALLOW OPERATION OF TRUCK ENGINE REPAIR BUSINESS. 

 

            A public hearing was held to consider the request of Ryan Road Storage, LLC, to rezone a portion of the property at 840 W. Ryan Rd. from B-4 Highway Business, CU (marine sales and service) to M-1 Manufacturing and to grant a conditional use permit that would allow the operation of a truck engine repair business.  A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).

 

3.         DIRECTED HELD AND REFERRED TO PLAN COMMISSION FOR PREPARATION OF CONDITIONS AND RESTRICTIONS:  ORDINANCE NO. 2244, REZONING PORTION OF PROPERTY AT 840 W. RYAN RD. FROM B-4 HIGHWAY BUSINESS, CU,  TO M-1 MANUFACTURING, AND GRANTING CONDITIONAL USE PERMIT FOR TRUCK ENGINE SERVICE (RYAN ROAD STORAGE, LLC).

 

Ald. Koehler, seconded by Ald. Kopplin, moved to hold Ordinance No. 2244, approving the rezoning of a portion of the property at 840 W. Ryan Rd. from B-4 Highway Business, CU, to M-1 Manufacturing, and granting a conditional use permit for truck engine service (Ryan Road Storage, LLC) and to refer this item to the Plan Commission for preparation of conditions and restrictions.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

            Note:  Items 4 and 22 were taken as one motion.

 

4.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10227-033103, APPROVING SUPPLEMENTAL DEVELOPMENT AGREEMENT BETWEEN CITY AND DEMCO WISCONSIN II, LLC, FOR DEVELOPMENT OF LANDS WITHIN TIF DISTRICT NO. 6.

 

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10227-033103, approving a supplemental development agreement between the City and DEMCO Wisconsin II, LLC, for the development of lands within TIF District No. 6.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, no; and Ald. Koehler, no.

 

5.         COUNCIL APPROVES PURCHASE OF COPIERS/FAX MACHINES FOR NEW POLICE STATION.

 

Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the purchase of one Canon 5000 black and white copier from Gordon Flesch Company, in the amount of $13,298.00; the purchase of one Lanier 5627 black and white copier/fax machine from Lanier Worldwide, Inc., in the amount of $6,277.00; and the purchase of one Lanier 5627 black and white copier from Lanier Worldwide, Inc., in the amount of $5,495.00 for the new police station.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

6.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10207-012103, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NOS. 01012, 01027 AND 01028.

 

Ald. Kopplin, seconded by Ald. Lampe, moved to adopt Resolution No. 10207-012103, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project Nos. 01012, 01027 and 01028 (installation of pavement improvements in the Shepard Hills area, Schmitz subdivision, Oak Creek Senior High School press box, E. Mackinac Ave., E. Puetz Rd. and Lakeview cul-de-sac).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

7.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10234-041503, GRATITUDE TO DALE J. RICHARDS. 

 

            Ald. Kopplin, seconded by Ald. Foeckler, moved to adopt Resolution No. 10234-041503, gratitude to Dale J. Richards.  All voted aye; motion carried.

 

8.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10235-041503, GRATITUDE TO LAWRENCE A. PROCHNOW.

 

            Ald. Kopplin, seconded by Ald. Foeckler, moved to adopt Resolution No. 10235-041503, gratitude to Lawrence A. Prochnow.  All voted aye; motion carried.

 

9.         INFORMATIONAL:  RESIGNATION OF RICHARD BOLENDER AS 4TH DISTRICT ALDERPERSON.

 

            The resignation of Richard Bolender as 4th District Alderperson was informational.

 

10.       COUNCIL APPROVES SELECTION PROCESS FOR FILLING 4TH DISTRICT ALDERPERSON VACANCY.

 

            After a discussion on the process for filling the 4th District Alderperson vacancy, Ald. Lampe, seconded by Ald. Kopplin, moved to approve the selection process as outlined in the Common Council report (May 9 at noon will be the deadline for submittal of resume, letter of interest, and proof of citizenship; May 15 a Special Common Council meeting will be held in the evening to conduct candidate interviews and to vote on an appointment; and May 20 the appointee will take office).  Constituent concerns in the 4th District will be referred to the Common Council President and Ald. Grabowski until the vacancy is filled.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

11.       ALD. ELIZABETH KOPPLIN ELECTED COMMON COUNCIL PRESIDENT.

 

            City Attorney Lawrence Haskin explained the process for election of Common Council President.  The floor was opened for nominations for Council President.  Ald. Lampe nominated Ald. Kopplin.  Ald. Lampe, seconded by Ald. Koehler, moved to close nominations, with a request to cast a unanimous ballot for Ald. Kopplin as Council President.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

12.       COMMON COUNCIL PRESIDENT MAKES ALDERMANIC APPOINTMENTS.

 

            Common Council President Kopplin made the following aldermanic appointments:

a.                  Personnel Committee (minimum of 2) – 3; Ald. Lampe, Chair; Ald. Kopplin, with the third appointment to remain open

b.                  Capital Improvements Committee – 3; Ald. Koehler, Chair; Ald. Foeckler, Ald. Grabowski

c.                   License Committee – 3; Ald. Foeckler, Chair; Ald. Koehler, Ald. Grabowski

d.                  Plan Commission Representatives – 2; Ald. Kopplin, Ald. Foeckler

e.                  Board of Health Representative – 1; Ald. Koehler

f.                    Emergency Government Committee Representative – 1; Ald. Kopplin

g.                  Parks and Recreation Commission – 1; Ald. Lampe

h.                  Finance Committee – 1; Ald. Koehler

i.                     Cable Advisory Committee – 1; Ald. Foeckler

j.                     Traffic & Safety Commission – 1; Ald. Lampe

 

Note:  The Mayor’s city officials, citizen and aldermanic appointments will be presented at the 5/6/03 Council meeting or at a later date.

 

            Mayor Bolender called for a motion on items 13, 14 and 15.  Ald. Koehler called for a division of the question.

 

13.       COUNCIL CHANGES STARTING TIME OF COUNCIL MEETINGS TO 7:00 P.M. (EFFECTIVE MAY 20, 2003).

 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to change the starting time of Common Council meetings to 7:00 p.m. (effective May 20, 2003).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, no.

 

            Note:  Items 14 and 15 were taken as one motion.

 

14.       COUNCIL APPROVES VENDOR SUMMARY REPORT.

 

            Ald. Kopplin, seconded by Ald. Lampe, moved to approve the Vendor Summary Report in the amount of $381,381.77.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

15.       COUNCIL APPROVES APPOINTMENT OF NAMED MADACC ANIMAL CONTROL OFFICERS, AND THEIR SUCCESSORS, AS HUMANE AGENT FOR CITY OF OAK CREEK.

 

            Ald. Kopplin, seconded by Ald. Lampe, moved to approve appointment of the named Milwaukee Area Domestic Animal Control Commission (MADACC) Animal Control Officers, and their successors, as Humane Agent for the City of Oak Creek, and to authorize appropriate City officials to execute the Humane Officer Appointment Authorization.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

16.       LICENSE COMMITTEE.

 

Ald. Foeckler, seconded by Ald. Kopplin, moved to grant an Operator’s license to:

Michael John Szczech, 8714A W. Mitchell, West Allis (Applebee’s)

Wendy S. Hahn, 2501 S. 92nd St., West Allis (The Saloon)

All voted aye; motion carried.

 

Ald. Foeckler, seconded by Ald. Kopplin, moved to grant renewal Amusement Device Operator and Amusement Devices licenses to:

Games Are Us, Inc., 4905 S. Woodlawn Pl., Greenfield

Marcus Cinemas of Wisconsin, LLC for South Shore Cinema, 7261 S. 13th St.

All voted aye; motion carried.

 

17.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10233-041503, ACCEPTING WE ENERGIES’ CONVEYANCE OF RIGHTS FOR PENNSYLVANIA AVE. RECONSTRUCTION PROJECT (PROJECT NO. 99022). 

 

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10233-041503, accepting WE Energies’ conveyance of rights for the Pennsylvania Ave. reconstruction project (Project No. 99022).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

18.       COUNCIL AUTHORIZES CONTRACT PROGRESS PAYMENTS.

 

Ald. Kopplin, seconded by Ald. Foeckler, moved to authorize payment of the contract progress payments for Project Nos. 01006 and 02018.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

19.       COUNCIL CONCURS WITH TRAFFIC AND SAFETY COMMISSION RECOMMENDATIONS.

 

            Ald. Koehler called for a division of the question.  Ald. Lampe, seconded by Ald. Kopplin, moved to concur with the recommendation of the Traffic and Safety Commission to:

a.         authorize the installation of “No Parking” signs on both sides of Burkhard Ct.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, no.

b.         request the state be contacted to study the intersection of Howell Ave. and Centennial Dr. for the installation of traffic signals, including the Opticom system.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

c.         deny the installation of stop signs on Woodridge Dr. at Wynona Dr.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, no.

 

20.       COUNCIL AUTHORIZES EXECUTION OF SUBORDINATION AGREEMENT WITH WELLS FARGO HOME MORTGAGE FOR HOME IMPROVEMENT LOAN WITH NORA BAKR ON HER PROPERTY AT 1512 E. MEADOWVIEW DR. 

 

Ald. Grabowski, seconded by Ald. Koehler, moved to authorize the execution of a subordination agreement with Wells Fargo Home Mortgage for the home improvement loan with Nora Bakr on her property at 1512 E. Meadowview Dr.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

21.       PRESENTED AND ADOPTED WITH CONDITIONS:  RESOLUTION NO. 10228-041503, APPROVING CSM FOR PROPERTY AT 1000 E. OAKWOOD RD. (FRED WOBICK).

 

Ald. Grabowski, seconded by Ald. Lampe, moved to adopt Resolution No. 10228-041503, approving a certified survey map for the property at 1000 E. Oakwood Rd., with the condition that deferred special assessments in the amount of $9,464.71 are paid before the certified survey map is recorded (Fred Wobick).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

22.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10229-041503, APPROVING CSM FOR PROPERTIES AT 9827, 9853, 9877, 9905 AND 9945 S. 13TH ST. (DEMCO WISCONSIN II, LLC) (TIF DISTRICT NO. 6).

 

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10229-041503, approving a certified survey map for the properties at 9827, 9853, 9877, 9905 and 9945 S. 13th St. (DEMCO Wisconsin II, LLC) (TIF District No. 6).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, no; and Ald. Koehler, no.

 

23.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10231-041503, APPROVING CSM FOR PROPERTY AT 3660 E. ELM RD. (JENNIFER AND TRAVIS BRIGLEVIC). 

 

Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10231-041503, approving the certified survey map for the property at 3660 E. Elm Rd. (Jennifer and Travis Briglevic).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

24.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10232-041503, APPROVING CSM FOR PROPERTIES AT 3865 AND 3875R E. ELM RD. (KENNETH AND BARBARA NITECKI). 

 

Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10232-041503, approving the certified survey map for the properties at 3865 and 3875R E. Elm Rd. (Kenneth and Barbara Nitecki).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

25.       EXECUTIVE SESSION HELD.

 

Ald. Kopplin, seconded by Ald. Lampe, moved to convene into Executive Session at 7:52 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to consider an offer to purchase for the police station at 7625 S. Howell Ave.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

26.       COUNCIL RECONVENES INTO OPEN SESSION.

 

Ald. Kopplin, seconded by Ald. Foeckler, moved to reconvene into Open Session at 8:15 p.m.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

27.       COUNCIL ACCEPTS OFFER TO PURCHASE FOR POLICE STATION AT 7625 S. HOWELL AVE. AS PROPOSED.

 

Ald. Kopplin, seconded by Ald. Foeckler, moved to accept the offer to purchase for the police station at 7625 S. Howell Ave. as proposed.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

 

            ADJOURNMENT.

 

            Ald. Kopplin, seconded by Ald. Lampe, moved to adjourn this meeting at 8:17 p.m.  All voted aye; motion carried.

 

 

 

            ATTEST:

 

 

 

            ________________________________        ___________________________________

            Beverly A. Buretta, CMC                                  Richard Bolender, Mayor

            City Clerk/Treasurer