PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

                                                  TUESDAY, JUNE 1, 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, Assistant Fire Chief George Krudop, and City Clerk Beverly Buretta.

 

Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the minutes of the 5/18/04 meeting 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 CITY TO REZONE PROPERTY AT 552 W. RAWSON AVE. FROM B-4 HIGHWAY BUSINESS TO I-1 INSTITUTIONAL (VETERANS MEMORIAL SITE). 

 

            A public hearing was held to consider a proposal by the City of Oak Creek to rezone the property at 552 W. Rawson Ave. from B-4 Highway Business to I-1 Institutional (Veterans Memorial site).  A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).

 

2.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY YUM BRANDS, INC., TO REZONE PROPERTY AT 8750 S. HOWELL AVE. FROM B-3 OFFICE AND PROFESSIONAL BUSINESS TO B-4 HIGHWAY BUSINESS. 

 

            A public hearing was held to consider a proposal by Yum Brands, Inc., to rezone the property at 8750 S. Howell Ave. from B-3 Office and Professional Business to B-4 Highway Business.  A summary transcript is available in the City Clerk’s Office (see item 5 for action on this hearing).

 

3.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY TO AMEND SECTION 17.0904 OF MUNICIPAL CODE REGARDING EXISTING NONCONFORMING LOTS.

 

            A public hearing was held to consider a proposal by the City of Oak Creek to amend Section 17.0904 of the Municipal Code regarding existing nonconforming lots.  A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).

 

4.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2307, APPROVING REZONING OF PROPERTY AT 552 W. RAWSON AVE. FROM B-4 HIGHWAY BUSINESS TO I-1 INSTITUTIONAL (CITY OF OAK CREEK - VETERANS MEMORIAL SITE). 

 

Ald. Kopplin, seconded by Ald. Lampe, moved to adopt Ordinance No. 2307, approving a rezoning of the property at 552 W. Rawson Ave. from B-4 Highway Business to I-1 Institutional (City of Oak Creek - Veterans Memorial site).  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.         MAYOR BREAKS TIE; MOTION FAILS TO ADOPT ORDINANCE NO. 2306, APPROVING REZONING OF PROPERTY AT 8750 S. HOWELL AVE. FROM B-3 OFFICE AND PROFESSIONAL BUSINESS TO B-4 HIGHWAY BUSINESS (YUM BRANDS, INC.). 

 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2306, approving a rezoning of the property at 8750 S. Howell Ave. from B-3 Office and Professional Business to B-4 Highway Business (Yum Brands, Inc.).  On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, no; Ald. Grabowski, aye; and Ald. Jonas, aye.  Vote resulted in a tie.  Mayor voted no; motion failed.

 

6.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2308, AMENDING SECTION 17.0904 OF MUNICIPAL CODE REGARDING EXISTING NONCONFORMING LOTS.

 

Ald. Foeckler, seconded by Ald. Lampe, moved to adopt Ordinance No. 2308, amending Section 17.0904 of the Municipal Code regarding existing nonconforming lots. 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 ADOTED:  RESOLUTION NO. 10360-031604, ESTABLISHING CITY’S VOLUNTEER POLICY. 

 

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10360-031604, establishing the City’s Volunteer Policy.  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. Jonas, aye.

 

8.         COUNCIL AUTHORIZES STAFF TO RELEASE RFP FOR CONSULTANT SERVICES FOR PLANNING OF 27TH STREET CORRIDOR. 

 

Ald. Jonas, seconded by Ald. Grabowski, moved to authorize staff to release a Request for Proposals for consultant services for planning of the 27th Street Corridor.  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.

 

            Note:  Items 9 through 11 were taken as one motion.

 

9.         VENDOR SUMMARY REPORT APPROVED.

 

Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $267,706.58.  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:  COUNCIL PROCLAMATION NO. 04-17, CONGRATULATIONS TO LAMAR BUCHHOLZ, 2004 OAK CREEK CITIZEN OF THE YEAR. 

 

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 04-17, congratulations to Lamar Buchholz, 2004 Oak Creek Citizen of the 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.

 

11.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10381-060104, ESTABLISHING CITY’S HARASSMENT AND DISCRIMINATION IN WORKPLACE POLICY. 

 

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10381-060104, establishing the City’s Harassment and Discrimination in the Workplace 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. Jonas, aye.

 

12.       COUNCIL ACCEPTS RECOMMENDATION OF HEALTH INSURANCE STUDY COMMITTEE AND APPROVES CITY’S ENROLLMENT IN ACTIVEHEALTH’S INFORMED CARE MANAGEMENT PROGRAM FOR PARTICIPANTS IN SELF-FUNDED INSURANCE PLAN FOR PERIOD OF ONE YEAR. 

 

Ald. Lampe, seconded by Ald. Foeckler, moved to accept the recommendation of the Health Insurance Study Committee and approve the City’s enrollment in ActiveHealth’s Informed Care Management program for participants in the self-funded insurance plan for a period of one year.  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. Jonas, no.

 

13.       COUNCIL AUTHORIZES FURTHER STUDY AND DEVELOPMENT OF IMPLEMENTATION PLAN FOR INITIATIVE THAT WOULD ALLOW CITY EMPLOYEES AND RETIREES TO VOLUNTARILY PURCHASE PRESCRIPTION DRUGS FROM CANADA, SUBJECT TO FURTHER APPROVAL OF COMMON COUNCIL.

 

Ald. Foeckler, seconded by Ald. Toman, moved to concur with the recommendation of the Health Insurance Committee to authorize further study and the development of an implementation plan for an initiative that would allow City employees and retirees to voluntarily purchase prescription drugs from Canada.  Motion, with second agreeing, was amended to include the phrase, “subject to further approval of the Common Council”.  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. Jonas, aye.

 

14.       LICENSE COMMITTEE.

 

Ald. Grabowski, seconded by Ald. Jonas, moved to deny an Operator’s license to Myrtle Beth Larson, 518 S. Emmersten Rd., Racine (Legion).  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. Jonas, moved to grant an operator’s license to the following:

            Jayne A. Stasik, 7509 S. Quincy Ave. (Legion)

            Craig C. Machut, 1334 Manitoba Ave., South Milwaukee (Applebee’s)

            Joseph Martin Grey, 2806 W. Central Ave., Franklin

            Michelle Kristine Jones, 1613 E. Belle View Pl., Milwaukee (Applebee’s)

            Kimberly Ann Pinkert, W141N5157 Ridgeway Ln., Menomonee Falls (Bender Park Pub)

            Bernard J. Jock, 9445 S. Chicago Rd. (Bender Park Pub)

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:

            Wisconsin P & P Amusement, Inc., 12565 Lisbon Rd., Brookfield

            Red’s Novelty, Ltd., 1921 S. 74th St., West Allis

            Reggie’s Amusement, LLC, 4918 S. Packard Ave., Cudahy

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. 10382-060104, APPROVING DEVELOPMENT AGREEMENT BETWEEN CITY AND GRAND CRU DEVELOPMENT, LLC FOR PROPERTY AT 1910 W. PUETZ RD. (DRY CREEK CONDOMINIUMS).

 

Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Resolution No. 10382-060104, approving a development agreement between the City of Oak Creek and Grand Cru Development, LLC for the property at 1910 W. Puetz Rd. (Dry Creek Condominiums).  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, no.

 

16.       COUNCIL CONCURS WITH RECOMMENDATIONS OF TRAFFIC & SAFETY COMMISSION.

 

            Ald. Lampe, seconded by Ald. Grabowski, moved to concur with the following recommendations of the Traffic & Safety Commission:

            a.        deny the installation of stop signs at the intersection of S. Golden Fields Ave. and E. Groveland Dr.

            b.        deny the installation of a stop sign on E. Michigan Ave. at the intersection of S. Crane Dr.

            c.        approve the installation of stop signs on S. Shepard Ave. at the intersection of E. Elm Rd.

            d.        deny the installation of “No Parking” signs on the streets in Oakshire East 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.

 

17.       COUNCIL AWARDS E. OAKWOOD RD. BOX CULVERT REPLACEMENTS CONTRACT TO C. W. PURPERO, INC., IN AMOUNT OF $57,944.30 (PROJECT NO. 04020). 

 

            Ald. Lampe, seconded by Ald. Grabowski, moved to award the E. Oakwood Rd. box culvert replacements contract to the lowest responsive, responsible bidder, C. W. Purpero, Inc., in the amount of $57,944.30 (Project No. 04020).  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.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR PROJECT NO. 96028, S. PENNSYLVANIA AVE., TOTALING $104,642.44, TO WISCONSIN DOT. 

 

Ald. Lampe, seconded by Ald. Grabowski, moved to authorize payment of the contract progress payments for Project No. 96028, S. Pennsylvania Ave., totaling $104,642.44, to the Wisconsin Department of Transportation.  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.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR PROJECT NO. 00049, CHAPEL HILLS PARK RENOVATION. 

 

Ald. Lampe, seconded by Ald. Grabowski, moved to authorize payment of the contract progress payments for Project No. 00049, Chapel Hills Park 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.

 

20.       EXECUTIVE SESSION HELD.

 

            Ald. Kopplin, seconded by Ald. Jonas, moved to convene into Executive Session at 11:05 p.m. pursuant to Wisconsin State Statutes, Section 19.85(1)(c)(e) to review applications and qualifications of candidates for the position of City Administrator and to discuss the terms of the contract with a candidate for the position of City Administrator.  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.       COUNCIL RECONVENES INTO OPEN SESSION.

 

            Ald. Grabowski, seconded by Ald. Toman, moved to reconvene into Open Session at 12:35 a.m.  All voted aye; motion carried.

 

22.       NO ACTION TAKEN ON EXECUTIVE SESSION.

 

            No action was taken on the Executive Session.

 

            ADJOURNMENT.

 

            Ald. Grabowski, seconded by Ald. Toman, moved to adjourn this meeting at 12:35 a.m.  All voted aye; motion carried.

 

            ATTEST:

 

 

 

            ________________________________        ___________________________________

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