PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

                                                  TUESDAY, MAY 18, 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, Director of Community Development Douglas Seymour, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, Police Chief Thomas Bauer, Information Technology Manager Caesar Geiger, Public Health Nurse Supervisor Sue Wojcinski, Utility Engineer Michael Sullivan, and Deputy City Clerk Pam Bauer.

Ald. Grabowski, seconded by Ald. Jonas, moved to approve the minutes of the 5/4/04 meeting as published. All voted aye; motion carried.

1.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY DEMCO WI 1, LLC TO REZONE PORTION OF PROPERTY AT 8201 S. HOWELL AVE. FROM M-1 MANUFACTURING TO B-4 HIGHWAY BUSINESS. 

            A public hearing was held to consider a proposal by DEMCO WI 1, LLC to rezone a portion of the property at 8201 S. Howell Ave. from M-1 Manufacturing to B-4 Highway Business.  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. 2305, APPROVING REZONING OF PORTION OF 8201 S. HOWELL AVE. FROM M-1 MANUFACTURING TO B-4 HIGHWAY BUSINESS (DEMCO WI 1, LLC). 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2305, approving a rezoning of a portion of 8201 S. Howell Ave. from M-1 Manufacturing to B-4 Highway Business (DEMCO WI 1, LLC).  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.         INFORMATIONAL:  RECOGNITION OF MEMBERS OF CITY OF OAK CREEK FIRE, POLICE AND HEALTH DEPARTMENTS FOR ACTIONS AT FIRE AT LAKE FOREST APARTMENTS ON 4/23/04.

            Recognition of members of the City of Oak Creek Fire, Police and Health Departments for actions at the fire at Lake Forest Apartments on 4/23/04 was informational only.

4.         COUNCIL APPROVES PURCHASE, INSTALLATION AND PROGRAMMING OF TWO ADDITIONAL CLOSED CIRCUIT CAMERAS FROM WESTPHAL & CO., IN AMOUNT OF $6,678.00. 

Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the purchase, installation and programming of two additional closed circuit cameras from Westphal & Co., in the amount of $6,678.00.  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.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10379-051804, AUTHORIZING CONVEYANCE OF SPUR TRACK PROPERTY ACQUIRED FROM ALLIS-CHALMERS REORGANIZATION TRUST, CONTINGENT ON RECEIVING FOUR ADDITIONAL APPROVALS. 

Ald. Toman, seconded by Ald. Kopplin, moved to adopt Resolution No. 10379-051804, authorizing the conveyance of spur track property acquired from the Allis-Chalmers Reorganization Trust, contingent on receiving four additional approvals.  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 PROPOSAL TO NAME OAK CREEK MUNICIPAL COURT IN HONOR OF JUDGE JOHN E. GRAHOVAC.

Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the proposal to name the Oak Creek Municipal Court in honor of Judge John E. Grahovac.  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.         INFORMATIONAL:  MAYORAL PROCLAMATIONS FOR POPPY DAYS AND BUDDY POPPY DAYS.

            The following Mayoral Proclamations were informational only: 

  1. Poppy Days, May 21 and 22, 2004, Oelschlaeger-Dallmann American Legion Post 434 and Auxiliary (Poppy Princess Carrie Bermann was present);
  2. Buddy Poppy Days, Meyer-Dziedzic VFW Post 8482, May 14 and 15, 2004; and
  3. Buddy Poppy Days, Meyer-Dziedzic Ladies Auxiliary to VFW Post 8482, May 14 and 15 and May 28 and 29, 2004.

8.         COUNCIL APPROVES VARIOUS COUNCIL PROCLAMATIONS.

            Ald. Grabowski, seconded by Ald. Kopplin, moved to adopt the following Council Proclamations for dedicated service to the City of Oak Creek:

  1. 04-12, to Trudy Theoharris, Celebrations Commission
  2. 04-13, to Dennis Stefanik, Community Development Authority
  3. 04-14, to James Iwinski, Community Development Authority
  4. 04-15, to James Moczynski, Police and Fire Commission
  5. 04-16, to Sandra Herte, Parks, Recreation and Forestry 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.

9.         VENDOR SUMMARY REPORT APPROVED.

Ald. Kopplin, seconded by Ald. Jonas, moved to approve the Vendor Summary Report in the amount of $272,557.24.  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 AWARDS COPIER PURCHASE CONTRACT TO GORDON FLESCH COMPANY, INC., IN AMOUNT OF $30,616.00 FOR REPLACEMENT OF CANON 4000 COPIER IN CITY CLERK’S OFFICE AT CITY HALL. 

Ald. Jonas, seconded by Ald. Lampe, moved to award a copier purchase contract to the Gordon Flesch Company, Inc., in the amount of $30,616.00 for the replacement of the Canon 4000 copier in the City Clerk’s Office at City Hall.  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.       COUNCIL ACCEPTS BID OF COMMUNITY NEWSPAPERS TO SERVE AS OFFICIAL CITY NEWSPAPER FOR NEXT 12 MONTHS. 

Ald. Kopplin, seconded by Ald. Grabowski, moved to accept the bid of Community Newspapers to serve as the official City newspaper for the next 12 months.  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.       REFERRED TO LICENSE COMMITTEE:  ISSUE OF POTENTIALLY INCREASING NUMBER OF DOGS PERMITTED IN HOUSEHOLD FROM 2 TO 3.

After a discussion relating to the potential for increasing the number of dogs permitted in a household from 2 to 3, Ald. Grabowski, seconded by Ald. Lampe, moved to refer this issue to the License Committee.  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, no.

13.       LICENSE COMMITTEE.

Ald. Grabowski, seconded by Ald. Foeckler, moved to grant an original Class B Combination license to Hide Away Corp., Jeffrey G. Warner, Agent, for Bender Park Pub, 9117 S. 5th Ave. (formerly Victor’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.

Ald. Grabowski, seconded by Ald. Foeckler, moved to grant an Operator’s license to Chad R. Helenius, 8396 S. Chicago Rd., #103 (Last Stop).  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. Jonas, seconded by Ald. Grabowski, moved to grant renewal Amusement Operator and Amusement Devices licenses to the following:

            Games Are Us, Inc., 4905 S. Woodlawn Pl., Greenfield

            Marcus Cinemas of Wisconsin, LLC (South Shore Cinema), 7261 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. Jonas, aye.

14.       COUNCIL AUTHORIZES HIRING OF ONE REPLACEMENT PART-TIME PUBLIC HEALTH NURSE (PHN) FOR 750 HOURS PER YEAR. 

Ald. Lampe, seconded by Ald. Jonas, moved to authorize the hiring of one replacement part-time Public Health Nurse (PHN) for 750 hours per year.  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. 10373-051804, ACCEPTING WATER MAIN EASEMENTS FOR PROJECT NO. 01103, EAST-WEST TRANSMISSION WATER MAIN PROJECT PLANNED FOR 2005. 

            Ald. Lampe, seconded by Ald. Toman, moved to adopt Resolution No. 10373-051804, accepting water main easements for Project No. 01103, the east-west transmission water main project planned 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.

16.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10378-051804, APPROVING MUTUAL AID BOX ALARM SYSTEM (MABAS) AGREEMENT.

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10378-051804, approving the Mutual Aid Box Alarm System (MABAS) agreement.  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 AS REVISED:  RESOLUTION NO. 10374-051804, APPROVING DEVELOPMENT AGREEMENT FOR GENEVIEVE’S GARDEN SUBDIVISION AT 2021 E. DREXEL AVE.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10374-051804, approving the development agreement for the Genevieve’s Garden subdivision at 2021 E. Drexel Ave., as revised to add a sentence in item 12, and similarly on page DR-2(i), that the City does not enforce deed restrictions except where it is supported by ordinance.  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. 10375-051804, APPROVING CSM FOR PROPERTY AT 6745 S. 20TH ST. (OVERLAND).

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10375-051804, approving a certified survey map for the property at 6745 S. 20th St. (Overland).  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. 10376-051804, APPROVING CSM FOR PROPERTY AT 1731 E. DREXEL AVE., SUBJECT TO PAYMENT OF OUTSTANDING SPECIAL ASSESSMENTS (JUDITH GRALL/CONSERVATION FUND).

Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10376-051804, approving a certified survey map for the property at 1731 E. Drexel Ave., subject to payment of outstanding special assessments (Judith Grall/Conservation Fund).  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.   

20.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10377-051804, APPROVING FINAL PLAT FOR GLEN CROSSING SUBDIVISION. 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10377-051804, approving the final plat for the Glen Crossing 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.

21.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10372-051804, ACCEPTING WAIVERS OF SPECIAL ASSESSMENT NOTICES AND HEARINGS FOR REPLACEMENT OF NINE CONCRETE DRIVEWAY APPROACHES, AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES (PROJECT NOS. 04011, 04016 AND 04018). 

Ald. Kopplin, seconded by Ald. Jonas, moved to adopt Resolution No. 10372-051804, accepting waivers of special assessment notices and hearings for replacement of nine concrete driveway approaches on E. Oak Ln., S. Austin St., S. Chicago Ct., E. Briandean Ct., and S. Highfield Ct., and levying special assessments against benefited properties (Project Nos. 04011, 04016 and 04018).  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 AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR PROJECT NO. 99049 (OAK CREEK BUSINESS AND COMMERCE PARK) (TIF DISTRICT NO. 4). 

Ald. Kopplin, seconded by Ald. Jonas, moved to authorize payment of the contract progress payments for Project No. 99049 (Oak Creek Business and Commerce Park) (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.

23.       DIRECTED HELD TO 5/24/04 SPECIAL MEETING:  COUNCIL ACTION TO AWARD OAK CREEK RECYCLING YARD PROJECT TO PAYNE & DOLAN, INC., IN ESTIMATED AMOUNT OF $589,221.05 (PROJECT NO. 00019).

Council action to award the Oak Creek Recycling Yard project to the lowest responsive, responsible bidder, Payne & Dolan, Inc., in the estimated amount of $589,221.05 (Project No. 00019) was directed held to the 5/24/04 special meeting. 

24.       COUNCIL AWARDS 2004 ROAD IMPROVEMENTS UNIT PRICE CONTRACT TO PAYNE & DOLAN, INC. (PROJECT NOS. 04004 AND 04011 THROUGH 04019). 

Ald. Foeckler, seconded by Ald. Grabowski, moved to award the 2004 road improvements unit price contract to the lowest responsive, responsible bidder, Payne & Dolan, Inc. (Project Nos. 04004 and 04011 through 04019).  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.

25.       EXECUTIVE SESSION HELD.

            Ald. Kopplin, seconded by Ald. Jonas, moved to convene into Executive Session at 10:21 p.m., pursuant to Wisconsin State Statutes, to discuss the following:

  1. Section 19.85(1)(e) to discuss an offer relating to the sale of a portion of City-owned land at 10511 S. Chicago Rd.; and
  2. Section 19.85(1)(e)(g) to consider a claim for unlawful taxes by Morris Material Handling, LLC.

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.

26.       COUNCIL RECONVENES INTO OPEN SESSION.

Ald. Grabowski, seconded by Ald. Lampe, moved to reconvene into Open Session at 11:01 p.m.  All voted aye; motion carried. 

27.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10380-051804, APPROVING SIMULTANEOUS EXCHANGE AGREEMENT WITH OAK CREEK-FRANKLIN SCHOOL DISTRICT, AS REVISED. 

Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10380-051804, approving a simultaneous exchange agreement with the Oak Creek-Franklin School District, as revised.  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. Jonas, moved to adjourn this meeting at 11:02 p.m.  All voted aye; motion carried.


            ATTEST:

            ________________________________        ___________________________________

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