PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, SEPTEMBER 2, 2003, 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 aldermen were present:  Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Toman, Ald. Grabowski, and Ald. Koehler.  Also present were:  City Administrator Robert Kufrin, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, Environmental Design Engineer Phil Beiermeister, Fire Chief Gerard Hammernik, Assistant Fire Chief Tom Rosandich, and City Clerk Beverly Buretta.

Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the minutes of the 8/4/03 and 8/19/03 meetings as published. All voted aye; motion carried.

1.         COUNCIL AUTHORIZES MAYOR TO ENTER INTO AN AGREEMENT WITH ENVIROCON, INC., FOR THE REMOVAL OF APPROXIMATELY 16,000 CUBIC YARDS OF CLAY SOILS FROM THE STREET DIVISION GARAGE SITE AT NO COST TO THE CITY; MAYOR TO ATTEMPT TO NEGOTIATE REIMBURSEMENT FROM ENVIROCON FOR SOILS.

            Ald. Foeckler, seconded by Ald. Koehler, moved to authorize the Mayor to enter into an agreement with Envirocon, Inc., for the removal of approximately 16,000 cubic yards of clay soils from the Street Division garage site at no cost to the City.  Motion, with second agreeing, was amended to request the Mayor to attempt to negotiate reimbursement from Envirocon for the soils.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

2.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2255, AMENDING OFFICIAL MAP FOR NW 1/4 OF SECTION 19 (CAVOLASKI – 2008 W. GRAYS LN.).

Ald. Koehler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2255, amending the Official Map for the Northwest 1/4 of Section 19 (Cavolaski – 2008 W. Grays Ln.).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

3.         DIRECTED FILED:  CHARTER ORDINANCE NOS. 8 AND 9 RELATING TO POSITIONS OF CITY CLERK AND CITY TREASURER.

After a discussion of the status of Charter Ordinance Nos. 8 and 9, relating to the positions of City Clerk and City Treasurer, Ald. Grabowski, seconded by Ald. Koehler, moved to file Charter Ordinance Nos. 8 and 9.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

4.         NO ACTION TAKEN ON REQUEST OF ROSEMARIE ANNONSON TO ADDRESS COUNCIL RELATING TO STORM WATER MANAGEMENT AND AGENDA ISSUES.

No action was taken on the request of Rosemarie Annonson, 3920 E. Ryan Rd., to address the Council regarding several issues relating to storm water management system user charges, as well as authority for placement of items on the agenda when requested by residents.

5.         COUNCIL APPROVES VENDOR SUMMARY REPORT (INCLUDING CHECK TO PET SUPPLIES PLUS).

Ald. Kopplin, seconded by Ald. Lampe, moved to approve the Vendor Summary Report in the amount of $955,798.48 (includes check number 182654 to Pet Supplies Plus in the amount of $516.63).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

6.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10278-090203, AUTHORIZING INTAKE AND DISCHARGE STRUCTURES, SHORELINE PROTECTION, HARBOR FACILITIES AND PUBLIC UTILITY STRUCTURES UPON AND UNDER THE BED OF LAKE MICHIGAN. 

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10278-090203, authorizing intake and discharge structures, shoreline protection, harbor facilities and public utility structures upon and under the bed of Lake Michigan.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

7.         COUNCIL AUTHORIZES LIMITED SCOPE REVALUATION OF ALL TAXABLE PROPERTY FOR 2004 ASSESSMENT YEAR AND AUTHORIZES NEGOTIATION WITH CLT FOR ADDITION TO THEIR CONTRACT TO HANDLE THE PROJECT.

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

1. Authorize a limited scope revaluation of all taxable property for the 2004 assessment year; and
2. Authorize negotiation with Cole-Layer-Trumble (CLT) for an addition to their contract to handle the project.

On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Koehler, aye.

8.         PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 03-27, GRATITUDE TO PATRICK J. GAUTHIER FOR DEDICATED SERVICE AS MEMBER OF CELEBRATIONS COMMISSION.

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 03-27, gratitude to Patrick J. Gauthier for dedicated service to the City of Oak Creek as a member of the Celebrations Commission.  All voted aye; motion carried.

9.         LICENSE COMMITTEE.

Ald. Foeckler, seconded by Ald. Grabowski, moved to grant an original “Class A” Combination license to Aldi, Inc., Scott Thomas, Agent, for the Aldi store at 6810 S. 27^th St.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

Ald. Foeckler, seconded by Ald. Grabowski, moved to grant a run/walk license to the Basilica of St. Josaphat Youth Group for 9/27/03.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

10.       COUNCIL APPROVES PURCHASE OF NEW BREATHING APPARATUS FROM INTERSTATE - MILWAUKEE, 255 N. 121^ST ST., IN TOTAL AMOUNT OF $125,677.00. 

Ald. Kopplin, seconded by Ald. Lampe, moved to approve the purchase of new breathing apparatus from Interstate - Milwaukee, 255 N. 121^st St., Milwaukee, in the total amount of $125,677.00.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

11.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10279-090203, APPROVING CONDITIONS AND RESTRICTIONS FOR DAY CARE CENTER WITH OUTDOOR ACTIVITY AREA FOR PROPERTY AT 7420 S. 1^ST ST. (KARFONTA). 

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10279-090203, approving conditions and restrictions for a day care center with an outdoor activity area for the property at 7420 S. 1^st St. (Karfonta).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

12.       DIRECTED HELD TO NEXT MEETING:  RESOLUTION NO. 10273-090203, APPROVING CSM FOR PROPERTY AT 741 W. RYAN RD. (CHARLES KOEHLER).

Resolution No. 10273-090203, approving the certified survey map for the property at 741 W. Ryan Rd. (Charles Koehler) was directed held to the next Council meeting.

13.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10274-090203, APPROVING CSM FOR PROPERTY AT 1701 E. OAKWOOD RD. (SCOTT BILLER). 

Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10274-090203, approving a certified survey map for the property at 1701 E. Oakwood Rd. (Scott Biller).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

14.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10275-090203, APPROVING CSM FOR PROPERTIES AT 8930, 8950 AND 9000 S. 27^TH ST. (TOHOVITIS). 

Ald. Koehler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10275-090203, approving a certified survey map for the properties at 8930, 8950 and 9000 S. 27^th St. (Tohovitis).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

15.       PRESENTED AND DENIED:  RESOLUTION NO. 10276-090203, AUTHORIZING NEGOTIATION FOR ACQUISITION OF PROPERTY AT 1120 E. OAKWOOD RD., AS PART OF CITY’S RESOURCE PROTECTION PROGRAM (DENNIS ZEISSE). 

Ald. Grabowski, seconded by Ald. Toman, moved to deny Resolution No. 10276-090203, authorizing the negotiation for the acquisition of the property at 1120 E. Oakwood Rd., as part of the City’s Resource Protection Program (Dennis Zeisse).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

16.       PRESENTED AND ADOPTED AS AMENDED:  RESOLUTION NO. 10277-090203, APPROVING DEVELOPMENT AGREEMENT FOR PATRIOT ARMS SUBDIVISION AT 1101R E. FOREST HILL AVE.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10277-090203, approving the development agreement for the Patriot Arms subdivision at 1101R E. Forest Hill Ave., as amended to delete “sprinkler systems” from Exhibit C-1, Item D of the development agreement.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, no.

17.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10271-090203, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH PILGRIM DEVELOPMENT GROUP, LLC, FOR PROPOSED GLEN CROSSING SUBDIVISION AT 8360 S. 13^TH ST. 

Ald. Foeckler, seconded by Ald. Lampe, moved to adopt Resolution No. 10271-090203, approving a storm water management practices maintenance agreement with Pilgrim Development Group, LLC, for the proposed Glen Crossing subdivision at 8360 S. 13^th St. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, no.

Note:  Items 18 through 20 were taken as one motion.

18.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR VARIOUS PROJECTS.

Ald. Lampe, seconded by Ald. Koehler, moved to authorize payment of the contract progress payments for Project Nos. 03014, 00027, 03017 and 03015.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

19.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR PROJECT NO. 01006 (POLICE STATION).

Ald. Lampe, seconded by Ald. Koehler, moved to authorize payment of the contract progress payments for Project No. 01006 (police station).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

20.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10272-090203, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO SNOREK CONSTRUCTION FOR PROJECT NO. 01007. 

Ald. Lampe, seconded by Ald. Koehler, moved to adopt Resolution No. 10272-090203, accepting the workmanship and authorizing final payment to Snorek Construction for Project No. 01007 (installation of sidewalk and street repairs in various locations throughout the City).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

21.       COUNCIL AWARDS CONTRACT FOR A-C REORGANIZATION TRUST PROPERTY TO HENRY MAROHL, INC., IN ESTIMATED AMOUNT OF $81,900.00 (PROJECT NO. 98003). 

Ald. Toman, seconded by Ald. Lampe, moved to award the contract for the A-C Reorganization Trust Property to the lowest responsive, responsible bidder, Henry Marohl, Inc., in the estimated amount of $81,900.00 (Project No. 98003).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

ADJOURNMENT.

Ald. Grabowski, seconded by Ald. Toman, moved to adjourn this meeting at 11:20 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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