TUESDAY, DECEMBER 6, 2005, 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, and Ald. Grabowski. Ald. Jonas was excused. Also present were: City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Fire Chief Gerard Hammernik, Assistant Fire Chief George Krudop, Utility General Manager Steven Yttri, and Deputy City Clerk Pam Bauer.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the minutes of the 11/7/05, 11/9/05, 11/10/05, 11/14/05, 11/15/05, 11/18/05, and 11/22/05 meetings as published. All voted aye; motion carried.
1. PRESENTED AND ADOPTED AS REVISED: ORDINANCE NO. 2380, REZONING PART OF PROPERTY AT 4201 E. FITZSIMMONS RD. FROM A-1 AGRICULTURAL TO RM-1 MULTIFAMILY RESIDENTIAL, AND PROPERTIES AT 10250, 10190 AND 10150 S. CHICAGO RD., AS WELL AS 4103 E. FITZSIMMONS RD. AND 4440 E. OAKWOOD RD. FROM A-1 AGRICULTURAL TO RS-1 SINGLE FAMILY RESIDENTIAL (PLATT).
Ald. Toman, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2380, rezoning part of the property at 4201 E. Fitzsimmons Rd. from A-1 Agricultural to Rm-1 Multifamily Residential, and the properties at 10250, 10190 and 10150 S. Chicago Rd., as well as 4103 E. Fitzsimmons Rd. and 4440 E. Oakwood Rd. from A-1 Agricultural to Rs-1 Single Family Residential (Platt), as revised to reflect item 6 on pages 4 and 5 as Lot 19 rather than Lot 20. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
Note: The Common Council recessed between 7:15 p.m. and 8:00 p.m. to allow a Special Plan Commission meeting to convene to review and take action on the preliminary plat submitted by Herget Plavsic Development LLC for “The Bluffs” subdivision located at 4201 E. Fitzsimmons Rd., 4440 and 4340 E. Oakwood Rd., 10250, 10190 and 10150 S. Chicago Rd. (complete minutes of the Special Plan Commission meeting are available in the Department of Community Development).
2. PRESENTED AND ADOPTED WITH AMENDMENT TO CONDITIONS AND RESTRICTIONS: ORDINANCE NO. 2381, REZONING WESTERLY 611.78 FEET OF PROPERTY AT 6508 S. HOWELL AVE. FROM B-2 COMMUNITY BUSINESS TO B-4 HIGHWAY BUSINESS, AND AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR CONTRACTOR’S SHOP WITH NO OUTDOOR STORAGE (STRAMOWSKI).
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2381, rezoning the westerly 611.78 feet of the property at 6508 S. Howell Ave. from B-2 Community Business to B-4 Highway Business, and to authorize the issuance of a conditional use permit for a contractor’s shop with no outdoor storage (Stramowski), and to amend the conditions and restrictions as follows: item 5 – Building Height, Area & Other Standards - to state that no tractor-trailer loading docks shall be located on the south elevation; and item 6 – Maintenance and Operation - the hours of operation shall be Monday thru Friday 7:00 a.m. to 7:00 p.m.; Saturday 7:00 a.m. to 1:00 p.m.; and in emergency situations. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
3. DIRECTED HELD: RESOLUTION NO. 10569-111505, APPROVING CSM FOR PROPERTIES AT 6868, 6840 AND 6800 S. 27TH ST., 6851 S. 20TH ST. AND 6840 S. 26TH ST. (MENARDS, INC.)
Resolution No. 10569-111505, approving a certified survey map for the properties at 6868, 6840 and 6800 S. 27th St., 6851 S. 20th St. and 6840 S. 26th St. (Menards, Inc.), was directed held.
4. VENDOR SUMMARY REPORT APPROVED.
Ald. Grabowski, seconded by Ald. Foeckler, moved to approve the Vendor Summary Report in the amount of $840,167.90. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
5. COUNCIL APPROVES RETIREMENT OF K-9 RINGO AND CONCURS WITH TRANSFER OF OWNERSHIP AGREEMENT CONVEYING OWNERSHIP OF RINGO TO OFFICER STEVE YORK.
Ald. Grabowski, seconded by Ald. Lampe, moved to approve the retirement of K-9 Ringo and to concur with the Transfer of Ownership Agreement which conveys ownership of Ringo to Officer Steve York. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
6. PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO. 05-22, RECOGNIZING RETIREMENT OF K-9 RINGO, THIRD POLICE SERVICE K-9 FOR CITY OF OAK CREEK.
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 05-22, recognizing the retirement of K-9 Ringo, the third police service K-9 for the City of Oak Creek. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
7. PRESENTED AND ADOPTED: RESOLUTION NO. 10576-120605, DESIGNATING OFFICIAL HOLIDAYS FOR 2006.
Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10576-120605, designating official holidays for 2006. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
8. COUNCIL APPROVES SCHEDULE OF REGULAR COUNCIL MEETING DATES FOR 2006.
Ald. Grabowski, seconded by Ald. Lampe, moved to approve the schedule of regular Common Council meeting dates for 2006. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
9. PRESENTED AND ADOPTED: RESOLUTION NO. 10577-120605, TO CONTINUE EXEMPTION FROM FEDERAL MENTAL HEALTH PARITY REQUIREMENTS.
Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10577-120605, to continue exemption from federal mental health parity requirements. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
10. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Foeckler, moved to grant an Operator’s license to:
Cheryl Anne Johnson, 10580 W. Cortez Circle, #2, Franklin (Greco’s)
John F. Kornack, 9732 3-Mile Rd., Franksville (Classic Lanes)
Gerald F. Sidello, 5926 S. Packard Ave., #6, Cudahy (Lucy’s)
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
11. INFORMATIONAL ONLY: PRESENTATION OF PROPOSED FIRE PREVENTION CODE CHANGE.
A brief presentation on a proposed fire prevention code change was informational only.
12. COUNCIL APPROVES PURCHASE OF SIX CHAIR STRETCHERS AND ONE AMBULANCE COT FROM STRYKER EMS EQUIPMENT IN AMOUNT OF $20,977.00.
Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the purchase of six chair stretchers and one ambulance cot from Stryker EMS Equipment in the amount of $20,977.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
13. COUNCIL ALLOCATES CITY’S 2006 CDBG FUNDS.
Ald. Grabowski, seconded by Ald. Lampe, moved to allocate the City’s 2006 Community Development Block Grant (CDBG) funds as recommended as follows, but declining the request of Tri Corp Housing for window coverings in the amount of $5,200, and adding automatic handicap entrance buttons to the Council Chambers doors: The Center Elderly Drop-In - $550; The Salvation Army - $13,500; Senior Citizen Services - $4,500; Interfaith Older Adult Programs - $7,190; Handicapped accessibility (Miller Park Restrooms) - $29,660 (funding from the Tri-Corp request would be added to the Miller Park and Council Chambers handicap entrance projects). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
Note: Items 14 and 15 were taken as one motion.
14. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS.
Ald. Grabowski, seconded by Ald. Kopplin, 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. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
15. COUNCIL AUTHORIZES PAYMENT OF CONTRACTED INSPECTION SERVICE PAYMENT.
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; and Ald. Grabowski, aye.
Note: Items 16 through 19 were taken as one motion.
16. PRESENTED AND ADOPTED: RESOLUTION NO. 10572-120605, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS IN RIVER VIEW ESTATES SUBDIVISION FROM MIDWEST REAL ESTATE DEVELOPMENT CO., INC., AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT.
Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10572-120605, accepting dedication of public improvements in the River View Estates subdivision from Midwest Real Estate Development Co., Inc., and releasing them from the terms and conditions of their development agreement. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
17. PRESENTED AND ADOPTED: RESOLUTION NO. 10573-120605, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS IN RIVER VIEW ESTATES ADDITION NO. 1 SUBDIVISION FROM MIDWEST REAL ESTATE DEVELOPMENT CO., INC., AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT.
Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10573-120605, accepting dedication of public improvements in the River View Estates Addition No. 1 subdivision from Midwest Real Estate Development Co., Inc., and releasing them from the terms and conditions of their development agreement. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
18. PRESENTED AND ADOPTED: RESOLUTION NO. 10574-120605, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS IN RIVER VIEW ESTATES ADDITION NO. 2 SUBDIVISION FROM MIDWEST REAL ESTATE DEVELOPMENT CO., INC., AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT.
Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10574-120605, accepting dedication of public improvements in the River View Estates Addition No. 2 subdivision from Midwest Real Estate Development Co., Inc., and releasing them from the terms and conditions of their development agreement. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
19. PRESENTED AND ADOPTED: RESOLUTION NO. 10575-120605, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO WILLKOMM EXCAVATING AND GRADING, INC., FOR PROJECT NO. 04005.
Ald. Grabowski, seconded by Ald. Toman, moved to adopt Resolution No. 10575-120605, accepting the workmanship and authorizing final payment to Willkomm Excavating and Grading, Inc., for Project No. 04005 (installation of grading improvements in the South Hills Park site). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
20. COUNCIL APPROVES INSTALLATION OF STOP SIGNS ON S. SHEPARD AVE. AT INTERSECTION OF W. BRIDLEWOOD LN. FOR ONE-YEAR STUDY.
Ald. Grabowski, seconded by Ald. Foeckler, moved to concur with the recommendation of the Traffic & Safety Commission and approve the installation of stop signs on S. Shepard Ave. at the intersection of W. Bridlewood Ln. for a one-year study. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, aye; and Ald. Grabowski, aye.
21. EXECUTIVE SESSION HELD.
Ald. Grabowski, seconded by Ald. Foeckler, moved to convene into Executive Session at 9:10 p.m. pursuant to Wisconsin State Statutes as follows:
a. Section 19.85(1)(e)(g) to consider potential settlement of a lawsuit to be filed by the State of Wisconsin relative to compliance with certain water pollution control cases;
b. Section 19.85(1)(c) to discuss and evaluate candidates for the position of City Administrator;
c. Section 19.85(1)(e) to consider an offer to purchase City-owned land at 9870 S. Reinhart Dr. and an offer to purchase City-owned land at 8411 S. Liberty Ln.;
d. Section 19.85(1)(c)(e) to discuss a candidate and salary for the position of Design Engineer.
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
22-23. COUNCIL RECONVENES INTO OPEN SESSION; ACTION TAKEN WITH ITEMS 24-26.
Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at 10:22 p.m. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye. Action on Executive Session items was taken with items 24 through 26.
24. PRESENTED AND ADOPTED: RESOLUTION NO. 10571-120605, APPROVING SETTLEMENT OF LAWSUIT TO BE FILED BY STATE OF WISCONSIN RELATIVE TO COMPLIANCE WITH CERTAIN WATER POLLUTION CONTROL LAWS.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10571-120605, approving settlement of a lawsuit to be filed by the State of Wisconsin relative to compliance with certain water pollution control laws. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
Note: Items 25 and 26 were taken as one motion.
25. PRESENTED AND ADOPTED: RESOLUTION NO. 10578-120605, AUTHORIZING ACCEPTANCE OF OFFER TO PURCHASE FOR PROPERTY AT 8411 S. LIBERTY LN.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10578-120605, authorizing the acceptance of an offer to purchase for the property at 8411 S. Liberty Ln. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
26. PRESENTED AND ADOPTED: RESOLUTION NO. 10579-120605, AUTHORIZING ACCEPTANCE OF OFFER TO PURCHASE FOR PROPERTY AT 9870 S. REINHART DR.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10579-120605, authorizing the acceptance of an offer to purchase for the property at 9870 S. Reinhart Dr. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
ADJOURNMENT.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adjourn this meeting at 10:24 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor