TUESDAY, NOVEMBER 16, 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 aldermen were present: Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Toman, Ald. Grabowski, and Ald. Jonas. Also present were: City Attorney Lawrence Haskin, City Administrator Barbara Blumenfield, Assistant Fire Chief George Krudop, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Director of Parks, Recreation and Forestry Douglas Schachtner, City Treasurer Barbara Guckenberger, and City Clerk Beverly Buretta.
Ald. Foeckler, seconded by Ald. Grabowski, moved to approve the minutes of the 11/3/04 meeting as published. All voted aye; motion carried.
1. PUBLIC HEARING HELD TO CONSIDER REQUEST BY PDQ FOOD STORES, INC., FOR CONDITIONAL USE PERMIT FOR CAR WASH FOR PROPERTY AT 6300 S. 27TH ST.
A public hearing was held to consider a request by PDQ Food Stores, Inc., for a conditional use permit for a car wash for the property at 6300 S. 27th St. A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).
2. PRESENTED AND ADOPTED: ORDINANCE NO. 2331, APPROVING ISSUANCE OF CONDITIONAL USE PERMIT FOR CAR WASH FOR PROPERTY AT 6300 S. 27TH ST. (PDQ FOOD STORES, INC.).
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2331, approving the issuance of a conditional use permit for a car wash for the property at 6300 S. 27th St. (PDQ Food Stores, Inc.). 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10431-111604, RESOLUTION OF CONDOLENCE TO FAMILY OF ANTON UEBELHOER.
Ald. Kopplin, seconded by Ald. Lampe, moved to adopt Resolution No. 10431-111604, a resolution of condolence to the family of Anton Uebelhoer. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10432-111604, AUTHORIZING $67,000,000 CITY OF OAK CREEK, WISCONSIN, POLLUTION CONTROL REFUNDING REVENUE BONDS, SERIES 2004 (WISCONSIN ELECTRIC POWER COMPANY).
Ald. Toman, seconded by Ald. Lampe, moved to adopt Resolution No. 10432-111604, authorizing $67,000,000 City of Oak Creek, Wisconsin, Pollution Control Refunding Revenue Bonds, Series 2004 (Wisconsin Electric Power Company). 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10423-111604, DESIGNATING OFFICIAL HOLIDAYS FOR 2005.
Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10423-111604, designating official holidays for 2005. 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. COUNCIL APPROVES REVISED DISTRIBUTION OF CITY’S 2005 CDBG FUNDING.
Ald. Grabowski, seconded by Ald. Kopplin, moved to approve a revised distribution of the City’s 2005 Community Development Block Grant (CDBG) funding. 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. VENDOR SUMMARY REPORT APPROVED.
Ald. Lampe, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $325,711.33. 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. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Jonas, moved to grant an Operator’s license to:
Josephine Agnes Hersant, 4220 E. Barton Rd. (Comfort Suites)
Patrick Thomas Hansen, 6495 S. 20th St., #4 (Branded Steer)
Jeremy Raymond Muraszewski, 3426 Links Dr., Franklin (Comfort Suites)
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. Grabowski, seconded by Ald. Foeckler, moved to grant a Reserve “Class B” Combination license to LaTerraza Restaurante, LLC, Jose De Jesus Alvarez, Agent, for LaTerraza Restaurante, 9454 S. Howell 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. Jonas, aye.
Ald. Grabowski, seconded by Ald. Foeckler, moved to grant a Reserve “Class B” Combination license to Blue Lava Restaurants, LLC, Heath Erdman, Agent, for Juan’s Mexicali, 8888 S. Howell Ave., 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.
9. COUNCIL AUTHORIZES PUBLICATION AND WRITE-OFF OF LIST OF DELINQUENT PERSONAL PROPERTY TAX, PER RESOLUTION NO. 8037-072390.
Ald. Grabowski, seconded by Ald. Jonas, moved to authorize the publication and write-off of the list of delinquent personal property tax, per Resolution No. 8037-072390. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10428-111604, ACCEPTING WATER MAIN EASEMENT IN CREEK SIDE MANOR SUBDIVISION.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10428-111604, accepting a water main easement in the Creek Side Manor subdivision. 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.
11. PRESENTED AND ADOPTED: RESOLUTION NO. 10429-111604, ACCEPTING WATER MAIN EASEMENTS FOR WATER AND SEWER UTILITY’S TRANSMISSION MAIN PROJECT.
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10429-111604, accepting water main easements for the Water and Sewer Utility’s transmission main project. 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.
12. PRESENTED AND ADOPTED: RESOLUTION NO. 10424-111604, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO POBLOCKI & SONS, LLC, FOR PROJECT NO. 00045.
Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Resolution No. 10424-111604, accepting the workmanship and authorizing final payment to Poblocki & Sons, LLC, for Project No. 00045 (installation of entrance sign improvements in Creekside Corporate Park) (TIF District No. 6). 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 AUTHORIZES PAYMENT OF CONTRACTED INSPECTION SERVICE PAYMENT FOR VARIOUS PROJECTS.
Ald. Grabowski, seconded by Ald. Jonas, moved to authorize payment of the contracted inspection service payment 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.
14. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS.
Ald. Foeckler, seconded by Ald. Jonas, 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.
15. COUNCIL AUTHORIZES TEMPORARY STREET PARKING AT 6800 S. 6TH ST. FOR EXTRA TRUCKS REQUIRED BY UPS FOR HOLIDAYS.
Ald. Kopplin, seconded by Ald. Lampe, moved to concur with the recommendation of the Traffic & Safety Commission and authorize temporary street parking at 6800 S. 6th St. for the extra trucks required by UPS for the holidays (parking shall be limited to both sides of the street from their south property line to the north property line and parking will not be permitted in the cul-de-sac) for a two-year period, and if there should be a problem, UPS will work with the City to correct the problem, or not utilize the temporary street parking for the full two years. 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.
16. COUNCIL AUTHORIZES PAVEMENT MARKING ALONG E. PUETZ RD. TO DESIGNATE RIGHT EASTBOUND LANE AT SHEPARD AVE. AS RIGHT TURN ONLY LANE, AND AUTHORIZES INSTALLATION OF APPROPRIATE SIGNAGE, INCLUDING MERGING PAVEMENT MARKINGS AFTER INTERSECTION OF S. SHEPARD AVE., TO DEFINE MERGE LANE.
Ald. Lampe, seconded by Ald. Grabowski, moved to concur with the recommendation of the Traffic & Safety Commission and authorize the pavement marking along E. Puetz Rd. to designate the right eastbound lane at Shepard Ave. as a right turn only lane, and authorize the installation of the appropriate signage, including merging pavement markings after the intersection of S. Shepard Ave., to define the merge lane. 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.
17. PRESENTED AND ADOPTED: RESOLUTION NO. 10430-111604, APPROVING CSM FOR PROPERTY AT 335 E. MAHN CT. (TIF DISTRICT NO. 4).
Ald. Kopplin, seconded by Ald. Foeckler, moved to adopt Resolution No. 10430-111604, approving a certified survey map for the property at 335 E. Mahn Ct. (TIF District No. 4). 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.
18. PRESENTED AND ADOPTED: RESOLUTION NO. 10427-111604, AUTHORIZING DEPARTMENT OF PARKS, RECREATION & FORESTRY TO APPLY FOR AND ACCEPT WISCONSIN DNR 2005 URBAN FORESTRY GRANT.
Ald. Lampe, seconded by Ald. Jonas, moved to adopt Resolution No. 10427-111604, authorizing the Department of Parks, Recreation & Forestry to apply for and accept a Wisconsin Department of Natural Resources 2005 Urban Forestry Grant. 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.
19. PRESENTED AND ADOPTED: RESOLUTION NO. 10425-111604, APPROVING CITY’S PARTICIPATION WITH MILWAUKEE COUNTY IN CONSTRUCTION OF TWO COMPONENTS OF OAK LEAF BIKE TRAIL SYSTEM BY AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE INTERGOVERNMENTAL AGREEMENT TO COMPLETE THE TWO PROJECTS.
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10425-111604, approving the City of Oak Creek’s participation with Milwaukee County in the construction of two components of the Oak Leaf Bike Trail system by authorizing the Mayor and City Clerk to execute an Intergovernmental Agreement to complete the two projects. 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.
20. DIRECTED HELD FOR INFORMATIONAL MEETING WITH RESIDENTS ON MANITOBA AVE.: COUNCIL APPROVAL TO INSTALL BIKE TRAILHEAD PARKING LOT IN GREENLAWN PARK AND, WHERE FEASIBLE, OVERHEAD ELECTRIC LINE(S) TO BE BURIED.
Council approval to install a bike trailhead parking lot in Greenlawn Park and, where feasible, overhead electric line(s) to be buried, was directed held for an informational meeting with the residents on Manitoba Ave.
21. PRESENTED AND ADOPTED AS REVISED: RESOLUTION NO. 10426-111604, APPROVING MEMORANDUM OF UNDERSTANDING OUTDOOR FACILITIES BETWEEN CITY AND OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT.
Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Resolution No. 10426-111604, approving the Memorandum of Understanding (MOU) Outdoor Facilities between the City of Oak Creek and the Oak Creek-Franklin Joint School District, with a revision to the MOU, Section 2, to address the Deerfield School concerns between the City and the School District (identify the School District’s obligation to construct recreational facilities at the Deerfield School), and to reduce the length of the MOU from 25 years to 10 years. 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.
22. EXECUTIVE SESSION HELD.
Ald. Grabowski, seconded by Ald. Jonas, moved to convene into Executive Session at 8:10 p.m. to discuss the following:
a. Section 19.85(1)(g) to discuss pending litigation regarding Cupid’s Toys.
b. Section 19.85(1)(e) to discuss issues regarding a 1986 agreement between the City of Oak Creek and the MMSD regarding the vacant land at Howell Ave. and Oakwood 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. Jonas, aye.
23-24. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.
Ald. Grabowski, seconded by Ald. Foeckler, moved to reconvene into Open Session at 9:15 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.
ADJOURNMENT.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adjourn this meeting at 9:15 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor