PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, JULY 20, 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. Toman, Ald. Grabowski, and Ald. Jonas.  Ald. Lampe 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, Librarian Ross Talis, Director of Parks, Recreation and Forestry Douglas Schachtner, Street Superintendent William Schaper, and Deputy City Clerk Pam Bauer.

1.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY OAK CREEK-FRANKLIN SCHOOL DISTRICT TO REZONE PROPERTY AT 10511R S. CHICAGO RD. FROM P-1 PARK TO I-1 INSTITUTIONAL AND RS-2 SINGLE FAMILY RESIDENTIAL. 

            A public hearing was held to consider a proposal by the Oak Creek-Franklin School District to rezone the property at 10511R S. Chicago Rd. from P-1 Park to I-1 Institutional and Rs-2 Single Family Residential.  A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).

2.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY R & P SHORE INV., LLC, TO REZONE PROPERTY AT 9444 S. CHICAGO RD. FROM B-2 COMMUNITY BUSINESS TO B-4 HIGHWAY BUSINESS AND TO GRANT CONDITIONAL USE PERMIT FOR GASOLINE STATION AND CAR WASH. 

            A public hearing was held to consider a proposal by R & P Shore Inv., LLC, to rezone the property at 9444 S. Chicago Rd. from B-2 Community Business to B-4 Highway Business and to grant a conditional use permit for a gasoline station and car wash.  A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).

3.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2316, APPROVING REZONING OF PROPERTY AT 10511R S. CHICAGO RD. FROM P-1 PARK TO I-1 INSTITUTIONAL AND RS-2 SINGLE FAMILY RESIDENTIAL (OAK CREEK-FRANKLIN SCHOOL DISTRICT). 

Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Ordinance No. 2316, approving a rezoning of the property at 10511R S. Chicago Rd. from P-1 Park to I-1 Institutional and Rs-2 Single Family Residential (Oak Creek-Franklin School District).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

4.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2317, APPROVING REZONING OF PROPERTY AT 9444 S. CHICAGO RD. FROM B-2 COMMUNITY BUSINESS TO B-4 HIGHWAY BUSINESS, AND TO GRANT CONDITIONAL USE PERMIT FOR GASOLINE STATION AND CAR WASH (R&P SHORE INV., LLC). 

Ald. Toman, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2317, approving a rezoning of the property at 9444 S. Chicago Rd. from B-2 Community Business to B-4 Highway Business, and to grant a conditional use permit for a gasoline station and car wash (R&P Shore Inv., LLC).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

5.         COUNCIL ALLOCATES REMAINDER OF CITY’S 2005 CDBG FUNDS.

Ald. Grabowski, seconded by Ald. Jonas, moved to allocate the remainder of the City’s 2005 CDBG funds to the non-public service projects as follows:  Salvation Army food pantry structure - $15,000; Thermal camera upgrades for the Fire Department - $16,000 (unless funding is determined to be needed for another eligible project); and 27^th Street Planning Grant - $5,000.  Motion and second were withdrawn.  Ald. Grabowski, seconded by Ald. Jonas, moved to allocate the remainder of the City’s 2005 CDBG funds to the non-public service projects as follows:  Salvation Army food pantry structure - $15,000; Thermal camera upgrades for the Fire Department - $16,000; and 27^th Street Planning Grant - $5,000.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

6.         COUNCIL WAIVES PLAN COMMISSION FEE CHARGEABLE TO OAK CREEK-FRANKLIN SCHOOL DISTRICT FOR REZONING OF SCANLAN ELEMENTARY SCHOOL SITE AND BUILDING PERMIT FEES CHARGEABLE TO OAK CREEK-FRANKLIN SCHOOL DISTRICT FOR SCANLAN SCHOOL PROJECT. 

Ald. Grabowski, seconded by Ald. Toman, moved to waive the Plan Commission fee chargeable to the Oak Creek-Franklin School District for rezoning of the Scanlan Elementary School site and waive the building permit fees chargeable to the Oak Creek-Franklin School District for the Scanlan School project.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, no.

            Note:  Items 7 and 8 were taken as one motion.

7.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2318, AMENDING SECTION 2 OF ORDINANCE NO. 2234, RELATING TO SALARY FOR POSITION OF PLANNER.

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2318, amending Section 2 of Ordinance No. 2234, relating to the salary for the position of Planner.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

8.         COUNCIL CONCURS WITH RECOMMENDATION OF DIRECTOR OF COMMUNITY DEVELOPMENT TO OFFER POSITION OF PLANNER TO JEFF T. FORTIN. 

Ald. Kopplin, seconded by Ald. Grabowski, moved to concur with the recommendation of the Director of Community Development to offer the position of Planner to Jeff T. Fortin.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

9.         DIRECTED HELD AND REFERRED TO PERSONNEL COMMITTEE:  COUNCIL CONSIDERATION TO ADDING DEFERRED COMPENSATION OPTION FOR EMPLOYEES IN PROFESSIONAL POLICE OFFICERS’ ASSOCIATION AND CLERK MATRON DISPATCH ASSOCIATION.

Council consideration to adding a deferred compensation option for the employees in the Professional Police Officers’ Association and the Clerk Matron Dispatch Association was directed held and referred to the Personnel Committee. 

10.       VENDOR SUMMARY REPORT APPROVED.

Ald. Kopplin, seconded by Ald. Jonas, moved to approve the Vendor Summary Report in the amount of $925,309.25.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

11.       LICENSE COMMITTEE.

            Ald. Grabowski, seconded by Ald. Jonas, moved to grant an Operator’s license to:

Becky Jo Dickrell, 908 Michigan Ave., South Milwaukee (Bender Park Pub)

            Connie Ridgway, 2207 N. 52^nd St., Milwaukee (Applebee’s)

            Mary Jo Weiss, 2506 Indian Trail, Racine (Ray Bussler’s)

On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

12.       COUNCIL ACCEPTS WRITTEN QUOTE FROM R. J. BACON COMPANY TO REPAIR SKY LIGHTS AT STREET DEPARTMENT GARAGE IN AMOUNT OF $8,430.00. 

Ald. Kopplin, seconded by Ald. Foeckler, moved to approve the recommendation of the Street Superintendent to accept the written quote from the R. J. Bacon Company to repair the sky lights at the Street Department garage in the amount of $8,430.00.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

13.       COUNCIL APPROVES FILLING UPCOMING VACANCY FOR CHILDREN’S/YOUNG ADULT LIBRARIAN.

Ald. Kopplin, seconded by Ald. Toman, moved to approve the request of the Library Board and the recommendation of the Personnel Committee to fill the upcoming vacancy for the Children’s/Young Adult Librarian.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

14.       PRESENTED AND ADOPTED:  ORDINANCE NO. 2315, AMENDING SECTION 11.01 OF MUNICIPAL CODE TO ADOPT, BY REFERENCE, WISCONSIN STATE STATUTE 943.46 REGARDING THEFT OF CABLE TELEVISION SERVICES. 

Ald. Grabowski, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2315, amending Section 11.01 of the Oak Creek Municipal Code to adopt, by reference, Wisconsin State Statute 943.46 regarding the theft of cable television services.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

15.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10386-072004, DESIGNATING SOUTHERLY 250 FEET OF POLICE STATION SITE AT 301 W. RYAN RD. AS NATURE CENTER. 

Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10386-072004, designating the southerly 250 feet of the police station site at 301 W. Ryan Rd. as a nature center.  On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

16.       COUNCIL APPROVES FURNISHING OF ADDITIONAL EMERGENCY POWER CIRCUITING THROUGHOUT POLICE DEPARTMENT FACILITY BY WESTPHAL & COMPANY AT COST OF $6,518.00. 

Ald. Grabowski, seconded by Ald. Jonas, moved to approve the furnishing of additional emergency power circuiting throughout the police department facility by Westphal & Company at a cost of $6,518.00.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

17.       COUNCIL APPROVES PURCHASE OF 20-FOOT STORAGE CONTAINER FROM GIUFFRE BROS. IN AMOUNT OF $2,750.00 FOR LONG-TERM STORAGE OF CERTAIN SPARE VEHICLE PARTS PRESENTLY STORED INSIDE VEHICLE MAINTENANCE GARAGE. 

Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the purchase of a 20-foot storage container from Giuffre Bros. in the amount of $2,750.00 for the long-term storage of certain spare vehicle parts presently stored inside the vehicle maintenance garage.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

18.       COUNCIL APPROVES PROPOSED ANNUAL AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES FOR 2004-05 SCHOOL YEAR. 

Ald. Grabowski, seconded by Ald. Jonas, moved to approve the proposed annual Agreement for School Resource Officer Services for the 2004-05 school year.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

19.       PRESENTED AND ADOPTED: RESOLUTION NO. 10387-072004, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO T.V. JOHN & SON, INC., FOR PROJECT NO. 99049. 

Ald. Kopplin, seconded by Ald. Jonas, moved to adopt Resolution No. 10387-072004, accepting the workmanship and authorizing final payment to T.V. John & Son, Inc., for Project No. 99049 (installation of an entrance sign in the Oak Creek Business & Commerce Park) (TIF District No. 4).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

20.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10388-072004, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO JOHNSON’S NURSERY, INC., FOR PROJECT NO. 00049. 

Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Resolution No. 10388-072004, accepting the workmanship and authorizing final payment to Johnson’s Nursery, Inc., for Project No. 00049 (installation of street trees in Burkhard Court) (TIF District No. 5).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

21.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10389-072004, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH DAVE SCHMIDT REALTY FOR PROPOSED CARROLLVILLE CROSSING SUBDIVISION AT 8781 S. 5^TH AVE.

Ald. Toman, seconded by Ald. Kopplin, moved to adopt Resolution No. 10389-072004, approving a storm water management practices maintenance agreement with Dave Schmidt Realty for the proposed Carrollville Crossing subdivision at 8781 S. 5^th Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

22.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR VARIOUS PROJECTS. 

Ald. Grabowski, 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. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

23.       COUNCIL AWARDS SOUTH HILLS PARK GRADING IMPROVEMENTS PROJECT TO WILLKOMM EXCAVATING & GRADING, INC., IN ESTIMATED AMOUNT OF $64,987.00 (PROJECT NO. 04005). 

Ald. Jonas, seconded by Ald. Grabowski, moved to award the South Hills Park grading improvements project to the lowest, responsive, responsible bidder, Willkomm Excavating & Grading, Inc., in the estimated amount of $64,987.00 (Project No. 04005).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

24.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10390-072004, APPROVING DEVELOPMENT AGREEMENT BETWEEN CITY AND RODNEY DENT/GUARDIAN CREDIT UNION FOR PROPERTY AT 7841 S. HOWELL AVE.

Ald. Kopplin, seconded by Ald. Foeckler, moved to adopt Resolution No. 10390-072004, approving a development agreement between the City and Rodney Dent/Guardian Credit Union for the property at 7841 S. Howell Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

25.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10384-072004, APPROVING DRIVEWAY EASEMENT AGREEMENT WITH GUARDIAN CREDIT UNION.

Ald. Kopplin, seconded by Ald. Foeckler, moved to adopt Resolution No. 10384-072004, approving a driveway easement agreement with Guardian Credit Union.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye. 

26.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10391-072004, TO SELECT SCHREIBER ANDERSON ASSOCIATES TO PREPARE CORRIDOR PLAN FOR S. 27^TH ST., AND AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE CONTRACT IN AMOUNT NOT TO EXCEED $30,000.00. 

Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10391-072004, concurring with the recommendation of the Community Development Authority to select Schreiber Anderson Associates to prepare a corridor plan for S. 27^th St., and authorizing the Mayor and City Clerk to execute a contract in an amount not to exceed $30,000.00 for such purpose.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

27.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10392-072004, TO SELECT EPPSTEIN UHEN ARCHITECTS TO PREPARE SUB-AREA PLAN FOR S. 27^TH ST., AND AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE CONTRACT IN AMOUNT NOT TO EXCEED $36,000.00. 

Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Resolution No. 10392-072004, concurring with the recommendation of the Community Development Authority to select the firm of Eppstein Uhen Architects to prepare a sub-area plan for S. 27^th St., and authorizing the Mayor and City Clerk to execute a contract in an amount not to exceed $36,000.00 for such purpose.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

28.       DIRECTED FILED:  RESOLUTION NO. 10393-072004, IMPOSING SIX-MONTH DEVELOPMENT MORATORIUM ON PROPERTIES ADJACENT TO S. 27^TH ST.; PRESENTED AND ADOPTED AS AMENDED TO EXCLUDE PARCEL AT SE CORNER OF COLLEGE AVE. AND 27^TH ST.:  ORDINANCE NO. 2319, ORDINANCE TO ESTABLISH MORATORIUM UPON DEVELOPMENT ON PROPERTIES ADJACENT TO S. 27^TH ST.

Ald. Grabowski, seconded by Ald. Jonas, moved to file Resolution No. 10393-072004, imposing a six-month development moratorium on the properties adjacent to S. 27^th St.  Motion, with second agreeing, was amended to adopt Ordinance No. 2319, an ordinance to establish a moratorium upon development on properties adjacent to S. 27^th St., with an amendment to exclude the parcel at the southeast corner of College Ave. and 27^th St.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

29.       COUNCIL AUTHORIZES STAFF TO SEEK APPRAISALS FOR PROPERTIES AT 2230 AND 2300 W. SOUTHLAND DR. IN PREPARATION FOR THEIR EVENTUAL SALE. 

Ald. Jonas, seconded by Ald. Grabowski, moved to authorize staff to seek appraisals for the properties at 2230 and 2300 W. Southland Dr. in preparation for their eventual sale.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

ADJOURNMENT.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to adjourn this meeting at 9:43 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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