PROCEEDINGS, COMBINED COMMON COUNCIL MEETING
TUESDAY, MARCH 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. Koehler. Also present were: City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, Director of Public Works Wayne St. John, Assistant Fire Chief Thomas Rosandich, Street Superintendent William Schaper, Police Chief Thomas Bauer, Community Resource Officer James Dailey, Community Public Health Administrator Deborah Schier, Librarian Ross Talis, and Deputy City Clerk Pam Bauer.
1. PRESENTED AND ADOPTED WITH CONDITIONS: RESOLUTION NO. 10346-030204, APPROVING CSM FOR PROPERTY AT 7750 S. 13TH ST. (JAMES OVERLAND).
Ald. Koehler, seconded by Ald. Kopplin, moved to adopt Resolution No. 10346-030204, approving a certified survey map for the property at 7750 S. 13th St., subject to conditions listed in the Plan Commission approval, and the additional condition that the shared driveway for lots 3 and 4 will be divided at the center property line (James Overland). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.
2. PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO. 04-07, CONGRATULATIONS TO OCHS VARSITY WRESTLING TEAM FOR THEIR ACHIEVEMENTS DURING 2003-04 WRESTLING SEASON.
Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Council Proclamation No. 04-07, congratulations to the Oak Creek High School Varsity Wrestling Team for their achievements during the 2003-04 wrestling season. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10350-031604, INITIAL RESOLUTION FOR REVENUE BONDS WHICH ALSO CONSTITUTES RESOLUTION DECLARING OFFICIAL INTENT TO REIMBURSE EXPENDITURES ON PROJECTS WITH PROCEEDS OF TAX-EXEMPT BORROWING (WISCONSIN ENERGY CORPORATION).
Ald. Toman, seconded by Ald. Foeckler, moved to adopt Resolution No. 10350-031604, an initial resolution for revenue bonds which also constitutes a resolution declaring official intent to reimburse expenditures on the projects with the proceeds of a tax-exempt borrowing (Wisconsin Energy Corporation). 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.
4. PRESENTED AND ADOPTED: RESOLUTION NO. 10351-031604, WAIVING PUBLIC BIDDING REQUIREMENTS OF WISCONSIN STATUTES SECTION 66.1103(11)(B)(1) (WISCONSIN ENERGY CORPORATION).
Ald. Kopplin, seconded by Ald. Toman, moved to adopt Resolution No. 10351-031604, a resolution waiving the public bidding requirements of Wisconsin Statutes Section 66.1103(11)(b)(1) (Wisconsin Energy Corporation). 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.
5. INFORMATIONAL ONLY: POWER POINT PRESENTATION OF OAK CREEK POLICE DEPARTMENT ANNUAL REPORT.
The Power Point presentation of the Oak Creek Police Department Annual Report was informational only.
6. VENDOR SUMMARY REPORT APPROVED.
Ald. Grabowski, seconded by Ald. Koehler, moved to approve the Vendor Summary Report in the amount of $551,910.78. 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. DIRECTED HELD AND REFERRED TO PERSONNEL COMMITTEE: RESOLUTION NO. 10360-031604, ESTABLISHING CITY’S VOLUNTEER POLICY.
Resolution No. 10360-031604, establishing the City’s Volunteer Policy was directed held and referred to the Personnel Committee.
8. COUNCIL APPROVES EMPLOYEE-REQUESTED CHANGES TO WORK SCHEDULE POLICY.
Ald. Lampe, seconded by Ald. Toman, moved to approve the Employee-Requested Changes to Work Schedule policy. 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. PRESENTED AND ADOPTED AS REVISED: ORDINANCE NO. 2299, RELATING TO GENERAL STREET DESIGN STANDARDS AND TO SIZE AND SHAPE OF LOTS FOR CSMs AND PLATS.
Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2299, relating to general street design standards and to the size and shape of lots for certified survey maps and plats, with the additional phrase “subject to recommendation of the Plan Commission” added in Section 14.62(a), and to refer further modification consideration to the City Attorney and the Director of Community Development. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Koehler, no.
10. COUNCIL AUTHORIZES HIRING REPLACEMENT FOR PERMANENT PART-TIME LIBRARY AIDE POSITION, AND REFERS RELATED POLICY BACK TO PERSONNEL COMMITTEE FOR REVISION.
Ald. Lampe, seconded by Ald. Toman, moved to authorize hiring a replacement for a permanent part-time Library Aide position, and to refer the related policy back to the Personnel Committee for revision. 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 TO 4/5/04 MEETING: DISCUSSION OF TERM LIMITS FOR ALDERMANIC REPRESENTATIVES TO BOARDS, COMMISSIONS, AND COMMITTEES.
Discussion of term limits for aldermanic representatives to boards, commissions, and committees, per Ald. Grabowski, was held to the 4/5/04 meeting.
12. LICENSE COMMITTEE.
Ald. Foeckler, seconded by Ald. Grabowski, moved to grant a landfill license renewal to C. W. Purpero, 813 W. College 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.
Ald. Foeckler, seconded by Ald. Grabowski, moved to grant a landfill license renewal to Apple Tower Development, Inc., 8400, 8380 and 8432 S. 27th St., and 8351 S. 20th 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.
Ald. Foeckler, seconded by Ald. Grabowski, moved to grant a landfill license renewal to Herman and Elizabeth Kopplin, 6931 S. Howell Ave. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, no. Ald. Kopplin abstained from voting.
Ald. Foeckler, seconded by Ald. Koehler, moved to grant mobile home park license renewals to:
Fifth Avenue Mobile Home Park, 8481 S. 5th Ave.
Oak Creek Estates, 2137-2301 W. College Ave.
HyView Mobile Home Park, 2439 W. Carroll 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.
Ald. Foeckler, seconded by Ald. Grabowski, moved to grant a dog kennel license renewal, with issuance subject to plumbing inspection approval for installation of backflow devices, to Brentwood Animal Hospital, 318 W. Ryan 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.
Ald. Foeckler, seconded by Ald. Grabowski, moved to grant an Operator’s license to Timothy Lambert, 2723 S. 48th St., Milwaukee (Jazzbro’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. Koehler, aye.
13. COUNCIL APPROVES PURCHASE OF ASPHALT CRACK FILLER FROM SHERWIN INDUSTRIES IN AMOUNT OF $.229 PER POUND.
Ald. Koehler, seconded by Ald. Grabowski, moved to approve the recommendation of the Street Superintendent for the purchase of asphalt crack filler from Sherwin Industries, the low bidder through the V.A.L.U.E. program, in the amount of $.229 per pound. 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: RESOLUTION NO. 10355-031604, APPROVING CSM FOR PROPERTY AT 10222 S. SHEPARD AVE., SUBJECT TO CONDITIONS LISTED IN PLAN COMMISSION APPROVAL (FRED WOBICK).
Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10355-031604, approving a certified survey map for the property at 10222 S. Shepard Ave., subject to conditions listed in the Plan Commission approval (Fred Wobick), with the inclusion of $15,173.91 for seven assessments. 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. PRESENTED AND ADOPTED WITH CONDITIONS: RESOLUTION NO. 10356-031604, APPROVING CSM FOR PROPERTY AT 9200 S. NICHOLSON RD. (TIMOTHY AND BARBARA SOMMERS).
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10356-031604, approving a certified survey map for the property at 9200 S. Nicholson Rd., subject to conditions listed in the Plan Commission approval (Timothy and Barbara Sommers). 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. PRESENTED AND ADOPTED WITH CONDITIONS: RESOLUTION NO. 10357-031604, APPROVING CSM FOR PROPERTIES AT 8903, 8959 AND 8989 S. HOWELL AVE. (GABALDON PROPERTIES/TARGET).
Ald. Koehler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10357-031604, approving a certified survey map for the properties at 8903, 8959 and 8989 S. Howell Ave., subject to technical corrections and the approval of a development agreement (Gabaldon Properties/Target). Motion, with second agreeing, was amended to adopt, with the understanding that the cross access easement with Kohl’s will be granted prior to recording. Motion, with second agreeing, was amended and restated to adopt Resolution No. 10357-031604, approving a certified survey map for the properties at 8903, 8959 and 8989 S. Howell Ave., subject to technical corrections and the approval of a development agreement (Gabaldon Properties/Target), with the condition that a building permit will not be issued until a cross access easement is granted between Target and Kohl’s, and with the understanding that the three internal easements will be granted before the CSM is recorded. 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. COUNCIL APPROVES REVISIONS TO ENGINEERING DESIGN MANUAL, AS AMENDED, AND AUTHORIZES ITS PUBLICATION.
Ald. Koehler, seconded by Ald. Grabowski, moved to approve the revisions to the Engineering Design Manual, as amended, and to authorize its publication. 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.
18. COUNCIL AWARDS BID FOR PROJECT TO CONSTRUCT ENTRANCE SIGN FOR CREEKSIDE CORPORTE PARK ALONG 13TH ST. TO POBLOCKI & SONS IN AMOUNT OF $32,620.00 (PROJECT NO. 00045) (TIF DISTRICT NO. 4).
Ald. Koehler, seconded by Ald. Grabowski, moved to award the bid for the project to construct the entrance sign for the Creekside Corporate Park along S. 13th St. to the lowest responsive, responsible bidder, Poblocki & Sons, in the amount of $31,620.00 (Project No. 00045) (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. Koehler, aye.
Note: Items 19 through 25, excluding 23, were taken as one motion.
19. PRESENTED AND ADOPTED: RESOLUTION NO. 10347-031604, ACCEPTING 2003 ANNUAL REPORT FOR OAK CREEK’S WPDES STORM WATER (NR 216) PERMIT.
Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10347-031604, accepting the 2003 Annual Report for Oak Creek’s WPDES Storm Water (NR 216) 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. Koehler, aye.
20. PRESENTED AND ADOPTED: RESOLUTION NO. 10353-031604, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH KOREAN CHURCH OF MILWAUKEE, INC., FOR PROPOSED KOREAN CHURCH OF MILWAUKEE DEVELOPMENT AT 2020 E. DREXEL AVE.
Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10353-031604, approving a storm water management practices maintenance agreement with Korean Church of Milwaukee, Inc., for the proposed Korean Church of Milwaukee development at 2020 E. Drexel 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.
21. PRESENTED AND ADOPTED: RESOLUTION NO. 10354-031604, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH MICHAEL B. MAZUR, DBA EMJAY CO., FOR PROPOSED EXPANSION OF AAA SALES RR DIVISION AT 6960 S. 10TH ST.
Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10354-031604, approving a storm water management practices maintenance agreement with Michael B. Mazur, doing business as Emjay Co., for the proposed expansion of AAA Sales RR Division at 6960 S. 10th 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.
22. PRESENTED AND ADOPTED: RESOLUTION NO. 10359-031604, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NO. 02014 (INSTALLATION OF STREET IMPROVEMENTS IN S. NICHOLSON RD.).
Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10359-031604, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project No. 02014 (installation of street improvements in S. Nicholson 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.
23. PRESENTED AND ADOPTED AS REVISED: RESOLUTION NO. 10352-031604, ACCEPTING RECOMMENDATIONS OF CIP COMMITTEE TO AUTHORIZE ROAD IMPROVEMENT PROJECTS FOR 2004.
Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10352-031604, accepting the recommendations of the CIP Committee to authorize the road improvement projects, as amended to add Ryan Rd. from Chicago Rd. to match (provided funds are available). 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, aye.
24. PRESENTED AND ADOPTED: RESOLUTION NO. 10348-031604, ACCEPTING DEDICATION OF PUBLIC STREETS FOR NORTHBROOK SUBDIVISION (PROJECT NO. 94010).
Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10348-031604, accepting the dedication of public streets for the Northbrook subdivision (Project No. 94010). 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.
25. PRESENTED AND ADOPTED: RESOLUTION NO. 10349-031604, RELEASING PREMIER DEVELOPMENT FROM TERMS AND CONDITIONS OF THEIR NORTHBROOK SUBDIVISION DEVELOPMENT AGREEMENT (PROJECT NO. 94010).
Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10349-031604, releasing the developer, Premier Development, from the terms and conditions of their Northbrook subdivision development agreement (Project No. 94010). 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.
26. DIRECTED HELD: RESOLUTION NO. 10358-031604, APPROVING DEVELOPMENT AGREEMENT FOR JENNA PRAIRIE ADDITION NO. 1 SUBDIVISION AT 1500 E. FITZSIMMONS RD.
Resolution No. 10358-031604, approving the development agreement for the Jenna Prairie Addition No. 1 subdivision at 1500 E. Fitzsimmons Rd. was directed held.
27-28. NO EXECUTIVE SESSION HELD.
The Common Council did not convene into Executive Session, pursuant to Wisconsin State Statutes, to discuss the following:
a. Section 19.85(1)(e)(g) to discuss the claim for excessive assessment submitted by James and Mary Ann Purcell;
b. Section 19.85(1)(e) to discuss the tentative labor agreement between the City of Oak Creek and the Professional Police Officers’ Association for the period 1/1/04-12/31/05;
c. Section 19.85(1)(e) to discuss the tentative labor agreement between the City of Oak Creek and the Police Supervisors’ Association for the period 1/1/04-12/31/05;
. d. Section 19.85(1)(g) to discuss litigation relating to filing a petition to intervene in the contested case hearing involving the issuance of an air permit for the WE Power/Elm Road Generating Station project.
All items were discussed in open session.
29. COUNCIL TAKES ACTION ON ITEMS 27A AND 27D.
Ald. Grabowski, seconded by Ald. Foeckler, moved to approve the compromise for the claim for excessive assessment of James and Mary Ann C. Purcell for an assessed value of $492,700.00. 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. Koehler, aye.
Ald. Kopplin, seconded by Ald. Koehler, moved to authorize the City Attorney and outside counsel, Davis & Kuelthau, to file a petition to intervene in the contested case hearing involving the issuance of an air permit for the WE Power/Elm Road Generating Station 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. Koehler, aye.
Note: items 30 and 31 were taken as one motion.
30. PRESENTED AND ADOPTED: ORDINANCE NO. 2300, APPROVING LABOR AGREEMENT BETWEEN CITY OF OAK CREEK AND PROFESSIONAL POLICE OFFICERS’ ASSOCIATION FOR PERIOD 1/1/04-12/31/05.
Ald. Lampe, seconded by Ald. Kopplin, moved to approve the summary of tentative agreements between the Professional Police Officers’ Association and the City and the summary of the tentative agreements between the Police Supervisors’ Association and the City. Motion and second were withdrawn. Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2300, approving the labor agreement between the City of Oak Creek and the Professional Police Officers’ Association for the period 1/1/04-12/31/05, subject to verification that the agreement that is being approved by the ordinance matches the summary that has been prepared. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Koehler, aye.
31. PRESENTED AND ADOPTED: ORDINANCE NO. 2301, APPROVING LABOR AGREEMENT BETWEEN CITY OF OAK CREEK AND POLICE SUPERVISORS’ ASSOCIATION FOR PERIOD 1/1/04-12/31/05.
Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2301, approving the labor agreement between the City of Oak Creek and the Police Supervisors’ Association for the period 1/1/04-12/31/05, subject to verification that the agreement that is being approved by the ordinance matches the summary that has been prepared. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Koehler, aye.
32. PRESENTED AND ADOPTED AS REVISED: RESOLUTION NO. 10361-031604, APPROVING DEVELOPMENT AGREEMENT BETWEEN CITY AND TARGET CORPORATION FOR PROPERTIES AT 8903, 8959 AND 8989 S. HOWELL AVE.
Ald. Koehler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10361-031604, approving a development agreement between the City and the Target Corporation for the properties at 8903, 8959 and 8989 S. Howell Ave., with the verbiage changes as outlined by Ald. Kopplin. 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. Koehler, seconded by Ald. Foeckler, moved to adjourn this meeting at 12:24 a.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor