PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, OCTOBER 21, 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, Director of Public Works Wayne St. John, Street Superintendent William Schaper, Fire Chief Gerard Hammernik, Building Commissioner Ed Ciechanowski (arrived at 7:15 p.m.), Melody Schwartz and Michael Lampe (representing Local 133 AFSCME and present for item 7), and Deputy City Clerk Pam Bauer.

1.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY GABALDON PROPERTIES TO REZONE PROPERTIES AT 8903, 8959 AND 8989 S. HOWELL AVE. FROM B-4 HIGHWAY BUSINESS TO B-4 HIGHWAY BUSINESS PUD (PLANNED UNIT DEVELOPMENT) (TARGET). 

            A public hearing was held to consider a proposal by Gabaldon Properties to rezone the properties at 8903, 8959 and 8989 S. Howell Ave. from B-4 Highway Business to B-4 Highway Business PUD (Planned Unit Development) (Target).  A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

2.         PRESENTED AND ADOPTED AS REVISED:  ORDINANCE NO. 2276, REZONING PROPERTIES AT 8903, 8959 AND 8989 S. HOWELL AVE. FROM B-4 HIGHWAY BUSINESS TO B-4 PUD (HIGHWAY BUSINESS PLANNED UNIT DEVELOPMENT) (TARGET). 

Ald. Koehler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2276, rezoning the properties at 8903, 8959 and 8989 S. Howell Ave. from B-4 Highway Business to B-4 PUD (Highway Business Planned Unit Development) (Target).  Motion, with second agreeing, was amended to revise the conditions and restrictions by adding subsection (N) to Section 4 - Landscaping, that the City Forester will review the landscape plans and make recommendations, if necessary.  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.

3.         COUNCIL APPROVES USE OF SITE AT 6^TH AND RAWSON FOR VETERANS’ MEMORIAL.

After a presentation by Gene Gosline, Chairperson, Oak Creek Veterans’ Memorial Committee, Ald. Lampe, seconded by Ald. Kopplin, moved to grant approval to the Oak Creek Veterans’ Memorial Committee to construct the memorial on the City-owned property at 6^th and Rawson Ave., to instruct the Director of Community Development to begin the rezoning process, to refer this matter back to the Plan Commission regarding architectural standards and requirements, to include the City Forester in the landscaping plans and to explore a maintenance agreement with Behrens regarding the mural to be painted on the side of their building.    Motion, with second agreeing, was amended to approve the use of the site at 6^th and Rawson Ave. for the veterans’ memorial (with the remainder of the motion to remain as is). On roll call (in reverse order), the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

4.         VENDOR SUMMARY REPORT APPROVED.

Ald. Kopplin, seconded by Ald. Koehler, moved to approve the Vendor Summary Report in the amount of $638,919.62.  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.

5.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10298-102103, AUTHORIZING ISSUANCE AND PROVIDING FOR SALE OF NOT-TO-EXCEED $1,500,000 BOND ANTICIPATION NOTES (BANs) (DEMATTIA TIF DISTRICT NO. 6). 

Ald. Koehler, seconded by Ald. Foeckler, moved to adopt Resolution No. 10298-102103, authorizing the issuance and providing for the sale of not-to-exceed $1,500,000 Bond Anticipation Notes (BANs) (DeMattia TIF District No. 6).  On roll call (in reverse order), the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Koehler, aye.

6.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10297-102103, DESIGNATING OFFICIAL HOLIDAYS FOR 2004. 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10297-102103, designating official holidays for 2004.  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 APPROVES RECOMMENDATION OF STREET SUPERINTENDENT AND LOCAL 133 AND ACCEPTS BID FROM CINTAS CORPORATION IN AMOUNT OF $18,712.62 AS UNIFORM VENDOR FOR STREET DEPARTMENT EMPLOYEES PER AGREEMENT BETWEEN CITY AND LOCAL 133 AFSCME. 

Ald. Lampe, seconded by Ald. Kopplin, moved to approve the recommendation of the Street Superintendent and Local 133 to accept the bid from Cintas Corporation in the amount of $18,712.62 as the uniform vendor for the Street Department employees per the Agreement between the City of Oak Creek and Local 133 AFSCME.  On roll call (in reverse order), the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

8.         LICENSE COMMITTEE.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to grant Operator’s licenses to:

            Erica Lynn Kirsch, 1601 E. Morgan Ave., Milwaukee (Applebee’s)

            Elizabeth Anne Madsen, W196S8285 Providence Way, Muskego (Classic Lanes)

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 transient merchant license to Homier Distributing Company, Huntington, IN, to conduct a sale of new tools, furniture, seasonal and general merchandise inside the National Guard Amory, 8520 S. Howell Ave., for two days, 11/7-8/03, and to approve Polly M. Davis, Ashley Smith and Raymond Van Zant as salespersons; and

Grant a transient merchant license to Jon P. Boche, selling frozen meat products for U.S. Beef, New Berlin, Wisconsin.  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.

9.         COUNCIL AUTHORIZES EXECUTION OF SUBORDINATION AGREEMENT WITH COUNTRYWIDE HOME LOANS, INC., FOR HOME IMPROVEMENT LOAN WITH PHYLLIS STOPP ON HER PROPERTY AT 10853 S. NICHOLSON RD.

Ald. Grabowski, seconded by Ald. Koehler, moved to authorize the execution of a subordination agreement with Countrywide Home Loans, Inc., for the home improvement loan with Phyllis Stopp on her property at 10853 S. Nicholson Rd. On roll call (in reverse order), 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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10295-102103, APPROVING CSM FOR PROPERTY AT 9762R S. SHEPARD AVE. (JEFF AND CONNIE PLOCH).

Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10295-102103, approving a certified survey map for the property at 9762R S. Shepard Ave. (Jeff and Connie Ploch).  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. 10294-102103, APPROVING FINAL PLAT FOR FIRST PHASE OF JENNA PRAIRIE ESTATES SUBDIVISION.

Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10294-102103, approving the final plat for the first phase of the Jenna Prairie Estates subdivision.  On roll call (in reverse order), 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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10292-102103, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO UNITED SEWER & WATER, INC., FOR PROJECT NO. 00039.

Ald. Toman, seconded by Ald. Kopplin, moved to adopt Resolution No. 10292-102103, accepting the workmanship and authorizing final payment to United Sewer & Water, Inc., for Project No. 00039 (installation of storm sewer improvements in S. 11^th Ave.).  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.

13.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS.

Ald. Koehler, seconded by Ald. Grabowski, moved to authorize payment of the contract progress payments for various projects.  On roll call (in reverse order), 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.       DIRECTED HELD:  INSTALLATION OF “NO PARKING” SIGNS ON BOTH SIDES OF S. 20^TH ST. FROM W. SOUTHBRANCH BLVD. TO DEAD END.

            Council concurrence with the recommendation of the Traffic & Safety Commission to authorize the installation of “No Parking” signs on both sides of S. 20^th St. from W. Southbranch Blvd. to the dead end was directed held.

            Note:  Items 15 and 16 were taken as one motion.

15.       COUNCIL AUTHORIZES INSTALLATION OF STOP SIGN ON E. ELM RD. AT INTERSECTION OF S. SHEPARD AVE.

Ald. Grabowski, seconded by Ald. Lampe, moved to concur with the recommendation of the Traffic & Safety Commission and authorize the installation of a stop sign on E. Elm Rd. at the intersection of S. Shepard Ave. 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.

16.       COUNCIL AUTHORIZES INSTALLATION OF STOP SIGN ON S. AUSTIN AVE. AT INTERSECTION OF E. ELM RD.

Ald. Grabowski, seconded by Ald. Lampe, moved to concur with the recommendation of the Traffic & Safety Commission and authorize the installation of a stop sign on S. Austin Ave. at the intersection of E. Elm Rd. 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.

17.       DIRECTED HELD:  RESOLUTION NO. 10293-102103, APPROVING SANITARY SEWER AND WATER LATERAL CONNECTION AGREEMENT BETWEEN CATHERINE A. SCHUERMAN, 9025 S. NICHOLSON RD., AND CITY.

            Resolution No. 10293-102103, approving a sanitary sewer and water lateral connection agreement between Catherine A. Schuerman, 9025 S. Nicholson Rd., and the City of Oak Creek (Tax Key Nos. 861-9987 and 873-9999) was directed held.

18.       EXECUTIVE SESSION HELD.

Ald. Kopplin, seconded by Ald. Grabowski, moved to convene into Executive Session at 9:55 p.m. pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to discuss a revised salary for the Building Inspector (currently vacant).  All voted aye; motion carried.

19.       COUNCIL RECONVENES INTO OPEN SESSION.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to reconvene into Open Session at 10:47 p.m.  All voted aye; motion carried.

20-21. PRESENTED AND ADOPTED:  ORDINANCE NO. 2277, ESTABLISHING REVISED SALARY FOR BUILDING INSPECTOR.

            Ald. Kopplin, seconded by Ald. Toman, moved to adopt Ordinance No. 2277, establishing a revised salary for the Building Inspector in the amount of $45,000.00.  On roll call (in reverse order), the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

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

            Ald. Grabowski moved to adopt Resolution No. 10273-090203, approving the certified survey map for the property at 741 W. Ryan Rd. (Charles Koehler).  Motion died for lack of a second.  This item was directed held.

ADJOURNMENT.

            Ald. Lampe, seconded by Ald. Kopplin, moved to adjourn this meeting at 10:49 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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