PROCEEDINGS, COMBINED COMMON COUNCIL MEETING
TUESDAY, DECEMBER 16, 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 Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, Police Chief Thomas Bauer, and City Clerk Beverly Buretta.
Ald. Kopplin, seconded by Ald. Foeckler, moved to approve the minutes of the 12/2/03 meeting as published. All voted aye; motion carried.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY LEGACY DEVELOPMENT COMPANY TO AMEND OFFICIAL MAP FOR NW 1/4 OF SECTION 15.
A public hearing was held to consider a proposal by the Legacy Development Company to amend the Official Map for the Northwest 1/4 of Section 15, affecting the area bounded by E. Drexel Ave., S. Pennsylvania Ave., E. Forest Hill Ave., and the Oak Creek. A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).
2. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY MIE PROPERTIES, INC., TO AMEND PUD AT 9803-9835 S. 13TH ST. TO INCLUDE DOG TRAINING FACILITIES, WHEN CONDUCTED ENTIRELY WITHIN ENCLOSED STRUCTURE, AS PERMITTED USE.
A public hearing was held to consider a proposal by MIE Properties, Inc., to amend the planned unit development (PUD) at 9803-9835 S. 13th St. to include dog training facilities, when conducted entirely within an enclosed structure, as a permitted use. A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).
3. PRESENTED AND ADOPTED: ORDINANCE NO. 2286, AMENDING OFFICIAL MAP FOR NW 1/4 OF SECTION 15 (LEGACY DEVELOPMENT COMPANY), USING OPTION 1.
Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2286, amending the Official Map for the Northwest 1/4 of Section 15 (Legacy Development Company), using Option 1. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, no.
4. PRESENTED AND ADOPTED: ORDINANCE NO. 2287, AMENDING CONDITIONS AND RESTRICTIONS FOR M-1 PUD AT 9803-9835 S. 13TH ST., TO ALLOW DOG OBEDIENCE TRAINING FACILITIES, WHEN CONDUCTED ENTIRELY WITHIN AN ENCLOSED STRUCTURE, AS PERMITTED USE.
Ald. Koehler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2287, amending the conditions and restrictions for the M-1 PUD at 9803-9835 S. 13th St., to allow dog obedience training facilities, when conducted entirely (emphasis added) within an enclosed structure, as a permitted use. 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. COUNCIL TAKES SEVERAL ACTIONS RELATING TO ATLAS AFFORDABLE HOUSING PARTNERS XI LIMITED PARTNERSHIP AND PROPERTY AT 8435 S. CHICAGO RD.
Ald. Toman, seconded by Ald. Grabowski, moved to take action as follows:
a. Adopt Resolution No. 10326-121603, approving a storm drainage easement between Atlas Affordable Housing Partners XI Limited Partnership and the City of Oak Creek;
b. Adopt Resolution No. 10327-121603, authorizing acceptance of a warranty deed from Atlas Affordable Housing Partners XI Limited Partnership and authorizing the City Clerk to execute the Real Estate Transfer Return on behalf of the City;
c. Adopt Resolution No. 10328-121603, approving Release of a Storm Sewer Easement for the property at 8435 S. Chicago Rd.;
d. Adopt Resolution No. 10329-121603, regarding the Release of Public Utility Easements for the property at 8435 S. Chicago Rd.;
e. Adopt Resolution No. 10323-121603, approving a development agreement with AWC, LLC;
f. Adopt Resolution No. 10330-121603, releasing Ashbury Woods Development LLC from their development agreement;
g. Agree to write off an invoice totaling $4,200.00 for soil testing charges related to the property contingent on dismissal of the lawsuit brought against the City by Atlas; and
h. Approve dismissal of Milwaukee County Circuit Court Case No. 01CV010535.
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. COUNCIL AUTHORIZES MAYOR AND CITY CLERK TO EXECUTE CONSENT AND WAIVER TO ALLOW CITY ATTORNEY TO PROVIDE LEGAL ADVICE TO MAYOR AND COMMON COUNCIL REGARDING PROPOSED CSM SUBMITTED BY CHARLES KOEHLER FOR PROPERTY AT 741 W. RYAN RD.
Ald. Lampe, seconded by Ald. Grabowski, moved to authorize the Mayor and City Clerk to execute a Consent and Waiver to allow the City Attorney to provide legal advice to the Mayor and Common Council regarding the proposed certified survey map submitted by Charles Koehler for the property at 741 W. Ryan Rd. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye. Ald. Koehler abstained from voting.
7. VENDOR SUMMARY REPORT APPROVED.
Ald. Kopplin, seconded by Ald. Lampe, moved to approve the Vendor Summary Report in the amount of $447,188.74. 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.
8. COUNCIL DENIES REQUEST OF SIMON KRIZAN TO WAIVE OUTSTANDING SPECIAL ASSESSMENTS ON PROPERTY AT 9580 S. NICHOLSON RD., TAX KEY NO. 909-9999-001; DEFERRED SPECIAL ASSESSMENT POLICY AND INTEREST RATES REFERRED TO FINANCE COMMITTEE.
Ald. Lampe, seconded by Ald. Grabowski, moved to deny the request of Simon Krizan to waive outstanding special assessments on the property at 9580 S. Nicholson Rd., Tax Key No. 909-9999-001 and to refer the deferred special assessment policy and interest rates to the Finance Committee. 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 CONCURS WITH MAYOR’S REAPPOINTMENT OF FREDRICK SIEPERT TO WATER & SEWER UTILITY COMMISSION.
Ald. Lampe, seconded by Ald. Kopplin, moved to concur with the Mayor’s reappointment of Fredrick Siepert to the Water & Sewer Utility Commission for a five-year term to expire 9/08. 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 HIRING OF TWO ADDITIONAL POLICE OFFICERS AS PER APPROVED 2004 BUDGET.
Ald. Lampe, seconded by Ald. Grabowski, moved to approve the hiring of two additional police officers as per the approved 2004 budget. 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. DIRECTED HELD: RESOLUTION NO. 10325-121603, AMENDING RESOLUTION NO. 9202-061796 AND RESOLUTION NO. 9822-041800, REGARDING PUBLIC DEPOSITORIES.
Resolution No. 10325-121603, amending Resolution No. 9202-061796 and Resolution No. 9822-041800, regarding public depositories was directed held.
12. LICENSE COMMITTEE.
Ald. Foeckler, seconded by Ald. Grabowski, moved to grant an original “Class C” Wine and Class “B” Beer license to R. P. Landscaping & Associates, Inc., Debra R. Pampuch, Agent, for Pickerman’s, “The Original Soup Café”, 9011 S. Howell Ave., with issuance subject to receipt of an occupancy permit and payment of fees. 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 change of agent on the “Class B” Combination license issued to Comfort South, Inc., doing business as Comfort Suites, 6362 S. 13th St., from Kevin Dandrea to Janice C. Hegarty. 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 deny Operator’s licenses to:
John W. Johanneck, 4061 E. Oak Ln. (Southbound)
Brian W. Memmel, 3469 E. Ryan Rd. (Southbound)
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. Koehler, moved to grant Operator’s licenses to:
Cheryl A. Niechlanski, 11130 W. Abbott, Hales Corners (Butcher’s Deli)
Peggy R. Johnson, 630 Columbia Ave., South Milwaukee (Butcher’s Deli)
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. Koehler, moved to grant the request of Sean R. Macrae, 929 Lincoln St., Green Bay, to solicit sales of frozen seafood for Wisconsin Seafood. 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.
Note: Items 13 and 14 were taken as one motion.
13. COUNCIL AUTHORIZES MAYOR AND CITY CLERK TO ENTER INTO CONTRACT WITH CPR, INC., FOR BLS AMBULANCE BILLING FOR YEAR 2004.
Ald. Foeckler, seconded by Ald. Kopplin, moved to authorize the Mayor and City Clerk to enter into a contract with CPR, Inc., for BLS ambulance billing for the year 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.
14. PRESENTED AND ADOPTED: ORDINANCE NO. 2285, PERTAINING TO AMBULANCE SERVICE RATES TO BE IN EFFECT 1/1/04.
Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2285, pertaining to ambulance service rates to be in effect 1/1/04. 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. DIRECTED HELD: POWERPOINT PRESENTATION ON MUTUAL AID BOX ALARM SYSTEM.
The Powerpoint presentation on the Mutual Aid Box Alarm System (MABAS) was directed held.
16. PRESENTED AND ADOPTED AS AMENDED: RESOLUTION NO. 10324-121603, APPROVING DEVELOPMENT AGREEMENT FOR CARROLLVILLE CROSSINGS SUBDIVISION AT 8781 AND 8931 S. 5TH AVE.
Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10324-121603, approving the development agreement for the Carrollville Crossings subdivision at 8781 and 8931 S. 5th Ave., as amended to omit the reference to “plowing” on page 5 – 8(b). 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. PRESENTED AND ADOPTED WITH CONDITIONS: RESOLUTION NO. 10331-121603, APPROVING FINAL PLAT FOR RIVERVIEW ESTATES ADDITION NO. 2.
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10331-121603, approving the final plat for Riverview Estates Addition No. 2, subject to the condition that letters of no objection are received from the Wisconsin Department of Administration and the Milwaukee County Department of Public Works prior to recording. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10320-121603, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO WILLKOMM EXCAVATING & GRADING FOR PROJECT NO. 02027.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10320-121603, accepting the workmanship and authorizing final payment to Willkomm Excavating & Grading for Project No. 02027 (installation of storm sewer improvements in S. 13th 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.
19. PRESENTED AND ADOPTED: RESOLUTION NO. 10321-121603, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO WILLKOMM EXCAVATING & GRADING FOR PROJECT NOS. 98036 AND 00024.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10321-121603, accepting the workmanship and authorizing final payment to Willkomm Excavating & Grading for Project Nos. 98036 and 00024 (replacement of box culverts in S. 10th Ave. and E. County Line 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.
20. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS.
Ald. Foeckler, seconded by Ald. Grabowski, moved to authorize payment of the contract progress payments for various projects. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10322-121603, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH THE GATHERING PARTNERS, LLC, FOR PROPOSED EXPANSION OF THE GATHERING AT THE CORNERSTONE, 155 W. SUNNYVIEW DR.
Ald. Koehler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10322-121603, approving a storm water management practices maintenance agreement with The Gathering Partners, LLC, for the proposed expansion of The Gathering at the Cornerstone, located at 155 W. Sunnyview Dr. 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.
22. EXECUTIVE SESSION HELD.
Ald. Lampe, seconded by Ald. Kopplin, moved to convene into Executive Session at 10:00 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(c) to review the performance evaluation of the Building Commissioner. 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.
23-24. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.
Ald. Lampe, seconded by Ald. Kopplin, moved to reconvene into Open Session at 10:45 p.m. All voted aye; motion carried. No action was taken on the Executive Session.
25. COUNCIL AWARDS CITY’S INSURANCE RENEWALS FOR 1/1/04-1/1/05.
Ald. Lampe, seconded by Ald. Foeckler, moved to award the City’s insurance renewals for 1/1/04-1/1/05 to the following:
For: Property: Buildings, Contents & Property in the Open, Contractors Equipment, Monies/Securities and Special Use Animal Coverage
To: Local Government Property Insurance Fund (LGPIF)
For: Boiler & Machinery
To: Travelers (through CVMIC)
For: Blanket Bond: Employee Dishonesty, Forgery & Alteration and Computer Theft
To: Ohio Casualty Group (through Chris Schroeder Agency)
For: Automobile Physical Damage
To: Local Government Property Insurance Fund (LGPIF)
For: Workers’ Compensation
To: CVMIC
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. Kopplin, seconded by Ald. Koehler, moved to adjourn this meeting at 10:45 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor