PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, OCTOBER 19, 2004, 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 alderpersons were present:  Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Toman, Ald. Grabowski, and Ald. Jonas.  Also present were:  City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Fire Chief Gerard Hammernik, and Deputy City Clerk Pam Bauer.  City Administrator Barbara Blumenfield was excused.

Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the minutes of the 10/5/04 meeting as published. All voted aye; motion carried.

1.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10411-101904, OFFICIALLY NAMING SITE AT 552 W. RAWSON AVE. AS “OAK CREEK VETERANS’ MEMORIAL PARK”.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10411-101904, officially naming the site at 552 W. Rawson Ave. as the “Oak Creek Veterans’ Memorial Park”.  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. Jonas, aye.

2.         PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 04-21, CONGRATULATIONS TO RALPH A. IGNATOWSKI MEMORIAL AMVETS POST #60 ON THEIR 50 YEARS OF SERVICE. 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 04-21, congratulations to the Ralph A. Ignatowski Memorial AMVETS Post #60 on their 50 years of service.  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. Jonas, aye.

3.         VENDOR SUMMARY REPORT APPROVED.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $540,491.85.  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. Jonas, aye.

4.         LICENSE COMMITTEE.

            Ald. Grabowski, seconded by Ald. Jonas, moved to grant a “Class A” Combination license to Vittorio’s Italian Deli, LLC, Deanna Magnowski, Agent, for Vittorio’s Italian Deli, 8701 S. Howell Ave., Suite 200, with issuance subject to receipt of an occupancy permit.  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. Jonas, aye.

5.         COUNCIL AUTHORIZES CONTRACT PROGRESS PAYMENTS FOR PROJECT NO. 01019, FIRE STATION NO. 1 STRUCTURAL RENOVATION. 

            Ald. Kopplin, seconded by Ald. Foeckler, moved to authorize payment of the contract progress payments for Project No. 01019, Fire Station No. 1 structural renovation.  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. Jonas, aye.

6.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10416-101904, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH SCHOENLEBER INVESTMENTS, INC., FOR PROPOSED PIONEER ESTATES ADDITION NO. 4 SUBDIVISION AT S. CECILY DR. EXTENDED. 

            Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10416-101904, approving a storm water management practices maintenance agreement with Schoenleber Investments, Inc., for the proposed Pioneer Estates Addition No. 4 subdivision at S. Cecily Dr. extended.  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. Jonas, aye.

7.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10417-101904, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH ENER-CON COMPANIES, LLC FOR PROPOSED RAWSON VILLAGE ESTATES SUBDIVISION AT 7050 S. ASH ST. 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10417-101904, approving a storm water management practices maintenance agreement with Ener-Con Companies, LLC for the proposed Rawson Village Estates subdivision at 7050 S. Ash 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. Jonas, aye.

8.         COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS.

            Ald. Kopplin, seconded by Ald. Foeckler, 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. Jonas, aye.

9.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10418-101904, APPROVING CSM FOR PROPERTIES AT 9179 AND 9211 S. NICHOLSON RD. (ALFARO). 

            Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10418-101904, approving a certified survey map for the properties at 9179 and 9211 S. Nicholson Rd. (Alfaro).  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. Jonas, aye.

10.       DIRECTED HELD:  RESOLUTION NO. 10419-101904, APPROVING CSM FOR PROPERTY AT 655 E. BONITA DR. (BRUENING).

            Resolution No. 10419-101904, approving a certified survey map for the property at 655 E. Bonita Dr. (Bruening) was directed held and referred to staff and to the Capital Improvement Projects (CIP) Committee.

11.       PRESENTED AND ADOPTED WITH AMENDMENT TO APPENDIX B:  RESOLUTION NO. 10420-101904, AUTHORIZING SUBMISSION OF MULTI-JURISDICTIONAL GRANT APPLICATION TO WISCONSIN DEPARTMENT OF ADMINISTRATION FOR AMENDING ITS COMPREHENSIVE PLAN IN COORDINATION WITH CITY OF FRANKLIN. 

            Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10420-101904, authorizing the submission of a multi-jurisdictional grant application to the Wisconsin Department of Administration for amending its comprehensive plan in coordination with the City of Franklin.  Motion, with second agreeing, was amended to strike items 5 and 24 in Appendix B.  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. Jonas, aye.

12.       EXECUTIVE SESSION HELD.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to convene into Executive Session at 7:55 p.m. pursuant to Wisconsin State Statutes, to discuss the following:

            a.         Section 19.85(1)(e) to consider the sale of City-owned property at 2230 and 2300 W. Southland Dr.

            b.         Section 19.85(1)(g) to discuss execution of a common representation joint defense agreement relating to the DNR-referred enforcement action as it relates to sanitary sewer overflows.

            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. Jonas, aye.

13.       COUNCIL RECONVENES INTO OPEN SESSION.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to reconvene into Open Session at 8:25 p.m.  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. Jonas, aye.

14.       ACTION TAKEN ON EXECUTIVE SESSION ITEMS.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to direct staff to obtain an appraisal on the City-owned properties at 2230 and 2300 W. Southland Dr.  Motion, with second agreeing, was amended include marketing the properties in accordance with the direction of the Council.  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. Jonas, aye.

            Ald. Foeckler, seconded by Ald. Kopplin, moved to approve the execution of a common representation joint defense agreement with Godfrey and Kahn related to the DNR-referred enforcement action as it relates to sanitary sewer overflows, with the provision that the City of Oak Creek would agree to pay 1/28th of the cost of defense.  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. Jonas, aye.

            ADJOURNMENT.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adjourn this meeting at 8:26 p.m.  All voted aye; motion carried.

            ATTEST:

            _____________________________              ____________________________

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