PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

MONDAY, FEBRUARY 14, 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. Toman, Ald. Grabowski, and Ald. Jonas.  Ald. Lampe was excused.  Also present were:  City Administrator Barbara Blumenfield, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Assistant Fire Chief George Krudop, Director of Parks, Recreation and Forestry Douglas Schachtner, Street Superintendent William Schaper, Utility Engineer Michael Sullivan, and Deputy City Clerk Pam Bauer.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the minutes of the 2/1/05 meeting as published.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

1.         COUNCIL AUTHORIZES RELEASE OF RFQ FOR DEVELOPMENT ADVISORY SERVICES FOR IMPLEMENTATION OF RECOMMENDATIONS OF 27TH STREET CORRIDOR AND SUBAREA PLANS AS AMENDED TO INCLUDE MAYOR IN REVIEW PROCESS.

            Ald. Jonas, seconded by Ald. Toman, moved to authorize the release of a Request for Qualifications (RFQ) for development advisory services for implementation of the recommendations of the 27th Street Corridor and SubArea Plans, as amended to include the Mayor, along with the City Administrator and Director of Community Development in the review process.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Jonas, aye.

2.         COUNCIL ACCEPTS TRANSFER OF FUNDS FROM OAK CREEK VETERANS’ MEMORIAL COMMITTEE IN AMOUNT OF $19,655.44. 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to accept the transfer of funds from the Oak Creek Veterans’ Memorial Committee in the amount of $19,655.44.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

3.         VENDOR SUMMARY REPORT APPROVED.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $363,765.60.  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:  COUNCIL PROCLAMATION NO. 05-5 TO CORNELL STROIK AS MEMBER OF CELEBRATIONS COMMISSION. 

            Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Council Proclamation No. 05-5 to Cornell Stroik for dedicated service to the City of Oak Creek as a member of the Celebrations Commission.  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 ACCEPTS LETTER FROM GOVERNMENT FINANCE OFFICERS ASSOCIATION HONORING OAK CREEK WATER & SEWER UTILITY AND ANNETTE STENZEL FOR RECEIVING CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING. 

            Ald. Kopplin, seconded by Ald. Jonas, moved to accept the letter from the Government Finance Officers Association honoring the Oak Creek Water & Sewer Utility and Annette Stenzel for receiving the Certificate of Achievement for Excellence in Financial Reporting.  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.         LICENSE COMMITTEE.

            There were no requests on which to act. 

7.         COUNCIL APPROVES QUOTE FROM TRACTOR LOADER SALES TO HAVE MOWER EQUIPMENT INSTALLED ON STREET DEPARTMENT’S EXISTING TRACTOR IN AMOUNT OF $26,410.00. 

            Ald. Jonas, seconded by Ald. Grabowski, moved to approve the quote from Tractor Loader Sales to have mower equipment installed on the Street Department’s existing tractor in the amount of $26,410.00.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

            Note:  Items 8 and 9 were taken as one motion.

8.         COUNCIL CONCURS WITH RECOMMENDATION OF STREET SUPERINTENDENT AND APPROVES LOW BID FROM WESTERN CULVERTS FOR CORRUGATED METAL AND A-2000 PIPE FOR YEAR 2005 IN AMOUNT OF $22,576.86. 

            Ald. Grabowski, seconded by Ald. Kopplin, moved to concur with the recommendation of the Street Superintendent and approve the low bid from Western Culverts for corrugated metal and A-2000 pipe for the year 2005 in the amount of $22,576.86.  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.         COUNCIL APPROVES RECOMMENDATION OF STREET SUPERINTENDENT FOR PURCHASE OF ASPHALT CRACK FILLER FROM SHERWIN INDUSTRIES, THROUGH V.A.L.U.E. BID DATED 1/28/04 (PRICE EXTENDED THROUGH 1/31/06).

            Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the recommendation of the Street Superintendent for the purchase of asphalt crack filler from the low bidder, Sherwin Industries, through the V.A.L.U.E. bid dated 1/28/04 (the bid price of $.229 per pound has been extended through 1/31/06).  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

10.       COUNCIL CONCURS WITH RECOMMENDATION OF PARKS, RECREATION AND FORESTRY DIRECTOR TO PURCHASE ONE NEW MODEL TORO 4100-D ROTARY MOWER FROM REINDERS, INC., IN AMOUNT OF $41,662.00. 

            Ald. Jonas, seconded by Ald. Grabowski, moved to concur with the recommendation of the Parks, Recreation and Forestry Director to purchase one new model Toro 4100-D rotary mower from Reinders, Inc., in the amount of $41,662.00.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

11.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10469-021405, PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS FOR PROJECT NO. 05102, WATER MAIN IN E. FOREST HILL AVE. FROM 15TH AVE. APPROXIMATELY 1,500 FEET EAST, AND ESTABLISHING PUBLIC HEARING DATE FOR 3/15/05. 

            Ald. Toman, seconded by Ald. Kopplin, moved to adopt Resolution No. 10469-021405, a preliminary resolution declaring intent to exercise special assessment powers for Project No. 05102, water main in E. Forest Hill Ave. from 15th Ave. approximately 1,500 feet east, and to establish a public hearing date for 3/15/05.  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10470-021405, PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS FOR PROJECT NO. 05101, WATER MAIN AND SANITARY SEWER IN KINNEY LN. FROM RYAN RD. APPROXIMATELY 500 FEET NORTH, AND ESTABLISHING PUBLIC HEARING DATE FOR 3/15/05. 

            Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10470-021405, a preliminary resolution declaring intent to exercise special assessment powers for Project No. 05101, water main and sanitary sewer in Kinney Ln. from Ryan Rd. approximately 500 feet north, and to establish a public hearing date for 3/15/05.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

            Note:  Items 13 through 24 were taken as one motion.

13.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10473-021405, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH FAIT FAMILY LIMITED PARTNERSHIP FOR PROPOSED DICARLO’S RESTAURANT ADDITION AT 8469 S. HOWELL AVE. 

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10473-021405, approving a storm water management practices maintenance agreement with Fait Family Limited Partnership for the proposed diCarlo’s restaurant addition at 8469 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.

14.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10474-021405, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH EIHAB ATOUT OF ATOUT REAL ESTATE, LLC FOR PROPOSED PICK ‘N SAVE AT 2320 W. RYAN RD. 

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10474-021405, approving a storm water management practices maintenance agreement with Eihab Atout of Atout Real Estate, LLC for the proposed Pick ‘n Save at 2320 W. Ryan Rd.  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. 10467-021405, APPROVING AND ACCEPTING PUBLIC SANITARY SEWER EASEMENT FROM CLARENCE H. AND GEORGIEANN K. SCHMIDT FOR PROPOSED PUBLIC SANITARY SEWER EASEMENT ACROSS THEIR PROPERTY AT 7842 S. 13TH ST. 

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10467-021405, approving and accepting a public sanitary sewer easement from Clarence H. and Georgieann K. Schmidt for the proposed public sanitary sewer easement across their property at 7842 S. 13th 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.

16.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10468-021405, APPROVING PUBLIC WATER MAIN EASEMENT FROM THOMAS W. JUNGCK, 13501 W. GREEN MEADOWS DR., NEW BERLIN, WI, FOR PROPOSED PUBLIC WATER MAIN EASEMENT AT 10590 S. EMERALD MEADOWS DR. 

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10468-021405, approving a public water main easement from Thomas W. Jungck, 13501 W. Green Meadows Dr., New Berlin, WI, for the proposed public water main easement at 10590 S. Emerald Meadows Dr.  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10465-021405, RELEASING RICHARD J. SCHUMACHER AND JOAN WALTER-MICKELSEN FROM TERMS AND CONDITIONS OF THEIR NATURE HAVEN SUBDIVISION DEVELOPMENT AGREEMENT. 

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10465-021405, releasing the developer, Richard J. Schumacher and Joan Walter-Mickelsen, from the terms and conditions of their Nature Haven subdivision development agreement (Project Nos. 99071 and 99072).  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10462-021405, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS IN OAKSHIRE, OAKSHIRE ADDITION NO. 1 AND OAKSHIRE ADDITION NO. 2 SUBDIVISIONS FROM SUBURBAN DEVELOPMENT, INC.

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10462-021405, accepting dedication of public improvements in the Oakshire, Oakshire Addition No. 1 and Oakshire Addition No. 2 subdivisions from Suburban Development, Inc. (Project Nos. 92080, 92180, 96055, 96056, 97052 and 97053).  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. 10461-021405, RELEASING SUBURBAN DEVELOPMENT, INC., FROM TERMS AND CONDITIONS OF THEIR OAKSHIRE, OAKSHIRE ADDITION NO. 1 AND OAKSHIRE ADDITION NO. 2 SUBDIVISIONS DEVELOPMENT AGREEMENTS.

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10461-021405, releasing the developer, Suburban Development, Inc., from the terms and conditions of their Oakshire, Oakshire Addition No. 1 and Oakshire Addition No. 2 subdivisions development agreements (Project Nos. 92080, 92180, 96055, 96056, 97052 and 97053).  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. 10463-021405, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS IN RYAN OAKS SUBDIVISION FROM KAEREK BUILDERS, INC.

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10463-021405, accepting dedication of public improvements in the Ryan Oaks subdivision from Kaerek Builders, Inc. (Project Nos. 99060 and 99061).  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:  ADOPT RESOLUTION NO. 10464-021405, RELEASING KAEREK BUILDERS, INC., FROM TERMS AND CONDITIONS OF THEIR RYAN OAKS SUBDIVISION DEVELOPMENT AGREEMENT.

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10464-021405, releasing the developer, Kaerek Builders, Inc., from the terms and conditions of their Ryan Oaks subdivision development agreement (Project Nos. 99060 and 99061).  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10466-021405, AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE ESTOPPEL CERTIFICATE, ROAD RESERVATION REVOCATION, CONSENT TO ASSIGNMENT AND RELEASE; AND ROAD RESERVATION REVOCATION AGREEMENT, ALL FOR TIF DISTRICT NO. 5 (FORT HOWARD STEEL). 

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10466-021405, authorizing the Mayor and City Clerk to execute an Estoppel Certificate, Road Reservation Revocation, Consent to Assignment and Release; and a Road Reservation Revocation Agreement, all for TIF District No. 5 (Fort Howard Steel).  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10471-021405, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO EDWARD KRAEMER & SONS, INC., FOR PROJECT NO. 02012.

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10471-021405, accepting the workmanship and authorizing final payment to Edward Kraemer & Sons, Inc., for Project No. 02012 (installation of bridge improvements at the Root River bridge at Nicholson Rd. and County Line Rd.).  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. 10472-021405, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NO. 01022. 

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10472-021405, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project No. 01022 (installation of street improvements in S. Mayhew Dr.).  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. Ald. Jonas, seconded by Ald. Grabowski, moved to adjourn this meeting at 7:55 p.m. All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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