TUESDAY, DECEMBER 7, 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. City Administrator Barbara Blumenfield was excused. Also present were: City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Fire Chief Gerard Hammernik, Police Chief Thomas Bauer (arrived at 7:28 p.m.), Utility Engineer Michael Sullivan, and Deputy City Clerk Pam Bauer.
Ald. Grabowski, seconded by Ald. Toman, moved to approve the minutes of the 11/16/04 and 11/18/04 meetings as published. 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.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY FAIT FAMILY LLC TO REZONE PORTIONS OF PROPERTY AT 8473 S. HOWELL AVE. FROM B-3 OFFICE AND PROFESSIONAL BUSINESS TO B-2 COMMUNITY BUSINESS (TRATTORIA DICARLO).
A public hearing was held to consider a proposal by the Fait Family LLC to rezone portions of the property at 8473 S. Howell Ave. from B-3 Office and Professional Business to B-2 Community Business (Trattoria diCarlo). 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. 2335, APPROVING REZONING OF PORTIONS OF PROPERTY AT 8473 S. HOWELL AVE. FROM B-3 OFFICE AND PROFESSIONAL BUSINESS TO B-2 COMMUNITY BUSINESS (FAIT FAMILY LLC/TRATTORIA DICARLO).
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2335, approving the rezoning of portions of the property at 8473 S. Howell Ave. from B-3 Office and Professional Business to B-4 Highway Business (Fait Family LLC/Trattoria diCarlo). Motion, with second agreeing, was amended to approve the rezoning from B-3 Office and Professional Business to B-2 Community Business. 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. DIRECTED HELD: RESOLUTION NO. 10438-120704, APPROVING AGREEMENT WITH CANUSA HEALTH INC.
Resolution No. 10438-120704, approving an agreement with Canusa Health Inc. was directed held to the 12/21/04 Council meeting.
4. VENDOR SUMMARY REPORT APPROVED.
Ald. Lampe, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $412,929.00. 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. Jonas, aye.
5. INFORMATIONAL: PRESENTATION BY MEMBERS OF FIRST LEGO LEAGUE ON THEIR PROJECTS RELATING TO ACCESSIBILITY ISSUES IN COMMUNITY.
The presentation by members of the FIRST LEGO League on their projects relating to accessibility issues in the community was informational.
6. PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO. 04-23, TO ROBERT ANDERSON FOR DEDICATED SERVICE TO CITY AS MEMBER OF THE TRAFFIC & SAFETY COMMISSION.
Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Council Proclamation No. 04-23, gratitude to Robert Anderson for dedicated service to the City of Oak Creek as a member of the Traffic & Safety Commission. 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. COUNCIL AUTHORIZES TRANSFER OF APPROXIMATELY $6,500.00 FROM 2003 CONTROL ACCOUNT TO PROJECT NO. 03028, 2004 CITYWIDE REVALUATION.
Ald. Kopplin, seconded by Ald. Foeckler, moved to authorize the transfer of approximately $6,500.00 from the 2003 Control Account to Project No. 03028, the 2004 Citywide Revaluation. 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 ESTABLISHES SCHEDULE OF COMMON COUNCIL MEETING DATES FOR YEAR 2005.
Ald. Grabowski, seconded by Ald. Jonas, moved to establish the schedule of Common Council meeting dates for the year 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.
9. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Jonas, moved to grant Operator’s licenses to the following:
John J. Steele, 3910 Jerelin Dr., Franklin (Branded Steer)
Jamie Nicole Adamec, 8816 W. Waterford Sq., S., Greenfield (Applebee’s)
Nicole Marie Odwazny, 823 S. 87 th St., West Allis (Legion)
Jason Robert Johnson, 1015 N. Chicago Ave., South Milwaukee (Bender Park Pub)
Star D. Walters, 450 W. Swan Cl., #3202 (Norine’s)
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. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR PROJECT NO. 01019/03031, FIRE STATION NO. 1 STRUCTURAL RENOVATION.
Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize payment of the contract progress payments for Project No. 01019/03031, 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.
11. PRESENTED AND ADOPTED: RESOLUTION NO. 10437-120704, ACCEPTING WATER MAIN EASEMENTS FOR GUARDIAN CREDIT UNION PROJECT ON S. HOWELL AVE. (PROJECT NO. 04052).
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10437-120704, accepting water main easements for the Guardian Credit Union project on S. Howell Ave. (Project No. 04052). 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. COUNCIL AUTHORIZES PAYMENT OF CONTRACTED INSPECTION SERVICE PAYMENT FOR VARIOUS PROJECTS.
Ald. Grabowski, seconded by Ald. Kopplin, 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.
13. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR PROJECT NOS. 00002 AND 04011.
Ald. Toman, seconded by Ald. Grabowski, moved to authorize payment of the contract progress payments for Project Nos. 00002 and 04011. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10433-120704, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO AMERICAN LANDSCAPE FOR PROJECT NO. 03005.
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10433-120704, accepting the workmanship and authorizing final payment to American Landscape for Project No. 03005 (installation of street trees in various locations citywide). 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10435-120704, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS IN BARTON OAKS AND BARTON OAKS ADDITION NO. 1 SUBDIVISIONS FROM MIDWEST HOMES OF WISCONSIN, INC.
Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10435-120704, accepting dedication of public improvements in the Barton Oaks and Barton Oaks Addition No. 1 subdivisions from Midwest Homes of Wisconsin, 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.
16. PRESENTED AND ADOPTED: RESOLUTION NO. 10436-120704, RELEASING DEVELOPER, MIDWEST HOMES OF WISCONSIN, INC., FROM TERMS AND CONDITIONS OF THEIR BARTON OAKS AND BARTON OAKS ADDITION NO. 1 SUBDIVISIONS DEVELOPMENT AGREEMENTS.
Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10436-120704, releasing the developer, Midwest Homes of Wisconsin, Inc., from the terms and conditions of their Barton Oaks and Barton Oaks Addition No. 1 subdivisions development agreements. 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. COUNCIL CONCURS WITH SEVERAL TRAFFIC & SAFETY COMMISSION RECOMMENDATIONS.
Ald. Foeckler called for a division of the question to take sub (a) separately. Ald. Lampe, seconded by Ald. Kopplin, moved to concur with Traffic & Safety Commission recommendation to:
a. Deny installation of a stop sign on W. Honadel Blvd. at the intersection of S. Cortland Dr.
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. Jonas, aye.
Ald. Lampe, seconded by Ald. Kopplin, moved to concur with Traffic & Safety Commission recommendation to:
b. Deny the installation of “Right Turn Only” pavement markings and sign on E. Drexel Ave. and S. Verdev Dr.
c. Deny “No Parking” signs along the north 50 feet of the east side of S. Shire Pl. and the east 50 feet along the south side of E. Kender Ln.
d. Deny the installation of a stop sign on E. Overlook Way at the intersection of S. Wintergreen 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. Jonas, aye.
18. EXECUTIVE SESSION HELD.
Ald. Grabowski, seconded by Ald. Jonas, moved to convene into Executive Session at 7:56 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(e)(g) to discuss the recent Dane County Circuit Court Decision on the review of the PSC’s CPCN decision as it relates to the power plant expansion. 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.
19-20. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.
Ald. Grabowski, seconded by Ald. Kopplin, moved to reconvene into Open Session at 8:28 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. No action was taken.
21. COUNCIL APPROVES HIRING OF TWO ADDITIONAL POLICE OFFICERS AS ALLOCATED IN 2005 BUDGET.
Ald. Lampe, seconded by Ald. Grabowski, moved to approve the hiring of two additional police officers as allocated in the 2005 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. Jonas, aye.
22. COUNCIL CONCURS WITH MAYOR’S APPOINTMENT OF JANE ROLLING TO PLAN COMMISSION.
Ald. Grabowski, seconded by Ald. Lampe, moved to concur with the Mayor’s appointment of Jane Rolling, 9890 S. Glenmoor Ct., to the Plan Commission to complete a term expiring 4/06. 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. Jonas, moved to adjourn this meeting at 8:28 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor