TUESDAY, MARCH 1, 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 Administrator Barbara Blumenfield, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Fire Chief Gerard Hammernik, Community Public Public Health Administrator Deborah Schier, Public Health Nurse Supervisor Sue Wojcinski, City Forester Rebecca Lane, and City Clerk Beverly Buretta.
1. COUNCIL ACCEPTS DONATION OF $1,500.00 TO FIRE DEPARTMENT TO HELP FUND THEIR CAR SEAT SAFETY PROGRAM, AND ACKNOWLEDGES OAK CREEK LION’S CLUB DONATION.
Ald. Toman, seconded by Ald. Grabowski, moved to accept a donation of $1,500.00 to the Fire Department to help fund their car seat safety program, and to acknowledge this donation from the Oak Creek Lion’s Club. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
2. VENDOR SUMMARY REPORT APPROVED.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $306,450.82. 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. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Foeckler, moved to grant an Operator’s license to:
Lisa M. Fox, 8460 S. Parknoll Dr. (Jazzbro’s)
Katie Marie O’Brien, 2925 E. Koenig Ave., St. Francis (Tri City Pick n Save)
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
4. PRESENTED AND ADOPTED: RESOLUTION NO. 10484-030105, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO WM. SACKERSON CONSTRUCTION COMPANY FOR PROJECT NO. 01019/03031.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10484-030105, accepting the workmanship and authorizing final payment to Wm. Sackerson Construction Company for Project No. 01019/03031 (structural repairs to Fire Station No. 1). 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 AWARDS 2005 STREET TREE PURCHASE BID (PROJECT NO. 05002) TO MCKAY NURSERY FOR $4,023.00, AND TO JOHNSON’S NURSERY FOR $46,915.00 (TOTAL OF $50,938.00).
Ald. Grabowski, seconded by Ald. Lampe, moved to award the 2005 street tree purchase bid (Project No. 05002) to McKay Nursery in the amount of $4,023.00, and to Johnson’s Nursery in the amount of $46,915.00, for a total of $50,938.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
6. COUNCIL APPROVES CONTRACT AGREEMENT FOR SCHOOL HEALTH SERVICES - 2005-06 SCHOOL YEAR BETWEEN OAK CREEK-FRANKLIN SCHOOL DISTRICT AND OAK CREEK HEALTH DEPARTMENT.
Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the Contract Agreement for School Health Services - 2005-06 School Year Between the Oak Creek-Franklin School District and the Oak Creek Health Department. 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. 10486-030105, APPROVING CSM FOR PROPERTY AT 8830 S. SHEPARD AVE. (HAROLD SCHMIDT).
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10486-030105, approving a certified survey map for the property at 8830 S. Shepard Ave. (Harold Schmidt). 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 8 and 19 were taken as one motion.
8. PRESENTED AND ADOPTED: RESOLUTION NO. 10487-030105, APPROVING CSM FOR PROPERTY AT 150 W. RAWSON AVE. (MRT INVESTMENTS, LLC).
Ald. Foeckler, seconded by Ald. Lampe, moved to adopt Resolution No. 10487-030105, approving a certified survey map for the property at 150 W. Rawson Ave. (MRT Investments, LLC). On roll call, the vote was as follows: Ald. Kopplin abstained from voting; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
Note: Items 9 through 11 and 13 through 17 were taken as one motion.
9. COUNCIL APPROVES ADDITION TO CHAPTER 8 (ROADWAY STANDARDS) OF ENGINEERING DESIGN MANUAL.
Ald. Lampe, seconded by Ald. Grabowski, moved to approve an addition to Chapter 8 (Roadway Standards) of the Engineering Design Manual. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10475-030105, ACCEPTING QUIT CLAIM DEED FOR ADDITIONAL PUBLIC RIGHT-OF-WAY ALONG FRONTAGE OF 1800 E. DREXEL AVE.
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10475-030105, accepting a quit claim deed for additional public right-of-way along the frontage of 1800 E. Drexel Ave. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10476-030105, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS FOR OAKSHIRE EAST SUBDIVISION (PROJECT NOS. 97057 AND 97058).
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10476-030105, accepting the dedication of public improvements for the Oakshire East subdivision (Project Nos. 97057 and 97058). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
12. PRESENTED AND ADOPTED: RESOLUTION NO. 10477-030105, RELEASING DEVELOPER, SUBURBAN DEVELOPMENT, INC., FROM TERMS AND CONDITIONS OF THEIR OAKSHIRE EAST SUBDIVISION DEVELOPMENT AGREEMENT (PROJECT NOS. 97057 AND 97058).
Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10477-030105, releasing the developer, Suburban Development, Inc., from the terms and conditions of their Oakshire East subdivision development agreement (Project Nos. 97057 and 97058). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, aye; and Ald. Grabowski, aye.
13. PRESENTED AND ADOPTED: RESOLUTION NO. 10478-030105, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS FOR CENTENNIAL PARK EAST APARTMENTS DEVELOPMENT (PROJECT NOS. 99064 AND 99065).
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10478-030105, accepting the dedication of public improvements for the Centennial Park East Apartments development (Project Nos. 99064 and 99065). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
14. PRESENTED AND ADOPTED: RESOLUTION NO. 10479-030105, RELEASING DEVELOPER, CENTENNIAL PARK, LLC FROM TERMS AND CONDITIONS OF THEIR CENTENNIAL PARK EAST APARTMENTS DEVELOPMENT AGREEMENT (PROJECT NOS. 99064 AND 99065).
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10479-030105, releasing the developer, Centennial Park, LLC from the terms and conditions of their Centennial Park East Apartments development agreement (Project Nos. 99064 and 99065). 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10480-030105, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS FOR CENTENNIAL PARK WEST COMMERCE CENTER DEVELOPMENT (PROJECT NOS. 99066 AND 99067).
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10480-030105, accepting the dedication of public improvements for the Centennial Park West Commerce Center development (Project Nos. 99066 and 99067). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
16. PRESENTED AND ADOPTED: RESOLUTION NO. 10481-030105, RELEASING DEVELOPER, CENTENNIAL PARK COMMERCE CENTER, LLC, FROM TERMS AND CONDITIONS OF THEIR CENTENNIAL PARK WEST COMMERCE CENTER DEVELOPMENT AGREEMENT (PROJECT NOS. 99066 AND 99067).
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10481-030105, releasing the developer, Centennial Park Commerce Center, LLC, from the terms and conditions of their Centennial Park West Commerce Center development agreement (Project Nos. 99066 and 99067). 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. 10482-030105, APPROVING RELEASE OF PUBLIC UTILITY EASEMENTS FOR ASHBURY WOODS PROPERTY AT 8435 S. CHICAGO RD; AND RESOLUTION NO. 10483-030105, ACCEPTING PUBLIC UTILITY EASEMENTS FOR ASHBURY WOODS PROPERTY AT 8435 S. CHICAGO RD.
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10482-030105, approving release of public utility easements for the Ashbury Woods property at 8435 S. Chicago Rd; and Resolution No. 10483-030105, accepting public utility easements for the Ashbury Woods property at 8435 S. Chicago Rd. (Project Nos. 03063 and 03064). 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. 10485-030105, APPROVING PUBLIC WATER MAIN EASEMENTS FROM HENRY T. AND CAROLINE E. CZARNECKI AT 200 W. RAWSON AVE., AND FROM MOHAREB A. AND SINA M. HAMDEN OF 150 WEST RAWSON LLC FOR PROPOSED PUBLIC WATER MAIN EASEMENTS AT 150 AND 200 W. RAWSON AVE.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10485-030105, approving public water main easements from Henry T. and Caroline E. Czarnecki at 200 W. Rawson Ave., and from Mohareb A. and Sina M. Hamden of 150 West Rawson LLC for the proposed public water main easements at 150 and 200 W. Rawson Ave. On roll call, the vote was as follows: Ald. Kopplin abstained from voting; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
Note: Items 8 and 19 were taken as one motion.
19. PRESENTED AND ADOPTED WITH CONDITIONS: RESOLUTION NO. 10488-030105, APPROVING DEVELOPMENT AGREEMENT FOR CAR WASH DEVELOPMENT AT 150 W. RAWSON AVE. (MRT INVESTMENTS, LLC).
Ald. Foeckler, seconded by Ald. Lampe, moved to adopt Resolution No. 10488-030105, approving the development agreement for the car wash development at 150 W. Rawson Ave. (MRT Investments, LLC), subject to the following: receipt of an actual letter of credit approved by the City Attorney’s Office; the development agreement revised to provide that if there is ever any special assessment against the developer, it would be for the entire cost of the public improvements; and the requirement of installation of the sidewalk would be such that an occupancy permit would be subject to installation of the sidewalk, but that the certified survey map could be approved before the sidewalk is actually installed. On roll call, the vote was as follows: Ald. Kopplin abstained from voting, Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
20. EXECUTIVE SESSION HELD.
Ald. Kopplin, seconded by Ald. Grabowski, moved to convene into Executive Session at 7:45 p.m. pursuant to Wisconsin State Statutes, Section 19.85(1)(e)(g) to discuss the recent Dane County Circuit Court Decision on the review of the PSC’s CPCN decision as it relates to the power plant expansion. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Grabowski, aye.
21-22. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.
Ald. Grabowski, seconded by Ald. Foeckler, moved to reconvene into Open Session at 7:55 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.
ADJOURNMENT.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adjourn this meeting at 7:55 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor