PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MARCH 15, 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 7:05 p.m.  On roll call, the following aldermen were present:  Ald. Kopplin, Ald. Foeckler (arrived at 7:10 p.m.), Ald. Lampe, Ald. Toman, Ald. Grabowski, and Ald. Jonas.  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, Street Superintendent William Schaper, Director of Parks, Recreation and Forestry Douglas Schachtner, Utility General Manager Steven Yttri, Utility Engineer Michael Sullivan (arrived at 7: 28 p.m.), and Deputy City Clerk Pam Bauer.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the minutes of the 2/14/05 meeting as published.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe abstained from voting; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.  Ald. Foeckler was not present for the vote.

1.         PUBLIC HEARING HELD TO CONSIDER PROPOSED SPECIAL ASSESSMENTS FOR SANITARY SEWER, WATER MAIN, LATERALS AND APPURTENANCES ON BOTH SIDES OF S. KINNEY LN. FROM E. RYAN RD. TO 500 FEET ± NORTH OF E. RYAN RD. (PROJECT NO. 05101). 

            A public hearing was held to consider proposed special assessments for sanitary sewer, water main, laterals and appurtenances on both sides of S. Kinney Ln. from E. Ryan Rd. to 500 feet ± north of E. Ryan Rd. (Project No. 05101).  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 PROPOSED SPECIAL ASSESSMENTS FOR WATER MAIN, LATERALS AND APPURTENANCES ON SOUTH SIDE OF E. FOREST HILL AVE. FROM S. 15TH AVE. TO 1,500 FEET ± EAST OF S. 15TH AVE. (PROJECT NO. 05102). 

            A public hearing was held to consider proposed special assessments for water main, laterals and appurtenances on the south side of E. Forest Hill Ave. from S. 15th Ave. to 1,500 feet ± east of S. 15th Ave. (Project No. 05102).  A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).

3.         DIRECTED HELD FOR 60 DAYS:  RESOLUTION NO. 10499-031505, FINAL RESOLUTION AUTHORIZING SANITARY SEWER, WATER MAIN AND LATERAL IMPROVEMENTS, APPROVING PRELIMINARY PLANS, AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES ON BOTH SIDES OF KINNEY LN. FROM RYAN RD. APPROXIMATELY 500 FEET NORTH (PROJECT NO. 05101).

            Ald. Toman, seconded by Ald. Grabowski, moved to hold for 60 days Resolution No. 10499-031505, a final resolution authorizing sanitary sewer, water main and lateral improvements, approving preliminary plans, and levying special assessments against benefited properties on both sides of Kinney Ln. from Ryan Rd. approximately 500 feet north (Project No. 05101).  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.

4.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10500-031505, FINAL RESOLUTION AUTHORIZING WATER MAIN AND LATERAL IMPROVEMENTS, APPROVING PRELIMINARY PLANS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES ON SOUTH SIDE OF E. FOREST HILL AVE. FROM 15TH AVE. APPROXIMATELY 1,500 FEET EAST (PROJECT NO. 05102). 

            Ald. Toman, seconded by Ald. Jonas, moved to adopt Resolution No. 10500-031505, a final resolution authorizing water main and lateral improvements, approving preliminary plans and levying special assessments against benefited properties on the south side of E. Forest Hill Ave. from 15th Ave. approximately 1,500 feet east (Project No. 05102).  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.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10493-031505, ADOPTING 27TH STREET SUBAREA PLAN. 

            Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Resolution No. 10493-031505, adopting the 27th Street Subarea Plan.  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.

6.         PRESENTED AND ADOPTED:  RESOLUTION NOS. 10495-031505, 10496-031505 AND 10497-031505, REQUESTING INTERGOVERNMENTAL SUPPORT AND PARTICIPATION FROM U.S. DEPARTMENT OF TRANSPORTATION FEDERAL HIGHWAY ADMINISTRATION (FHWA), SOUTHEASTERN WISCONSIN REGIONAL PLANNING COMMISSION (SEWRPC) AND WISCONSIN DEPARTMENT OF TRANSPORTATION (WISDOT) IN REDEVELOPMENT OF S. 27TH ST.

            Ald. Jonas, seconded by Ald. Grabowski, moved to adopt the following resolutions requesting intergovernmental support and participation from the U.S. Department of Transportation Federal Highway Administration (FHWA), the Southeastern Wisconsin Regional Planning Commission (SEWRPC) and the Wisconsin Department of Transportation (WISDOT) in the redevelopment of S. 27th St.:

            a.         Resolution No. 10495-031505 (FHWA)

            b.         Resolution No. 10496-031505 (SEWRPC)

            c.         Resolution No. 10497-031505 (WISDOT)

            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.         COUNCIL APPROVES VENDOR SUMMARY REPORT.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $282,889.82.  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.

8.         COUNCIL AWARDS COPIER PURCHASE CONTRACT TO GORDON FLESCH COMPANY INC., IN AMOUNT OF $6,800.00 FOR CANON MODEL IR3530 COPIER IN PLANNING DEPARTMENT. 

            Ald. Grabowski, seconded by Ald. Jonas, moved to award a copier purchase contract to Gordon Flesch Company Inc., in the amount of $6,800.00 for a Canon Model IR3530 copier to replace the Konica 4140 copier in the Planning Department at City Hall.  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.

9.         COUNCIL CONCURS WITH MAYOR’S APPOINTMENTS TO CELEBRATIONS COMMISSION.

            Ald. Grabowski, seconded by Ald. Jonas, moved to concur with the Mayor’s appointment of David C. Laehn, 3330 E. Kender Ln., and Doug Seymour, 650 E. Deer Ridge Ct., to the Celebrations Commission to complete terms expiring 4/06 and 4/07, respectively.  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.       INFORMATIONAL:  DISCUSSION RELATING TO SLIGHT REVISION TO CITY LOGO.

            The discussion relating to a slight revision to the City logo was informational only.

11.       LICENSE COMMITTEE.

            Ald. Grabowski, seconded by Ald. Foeckler, moved to grant a Class “B” Beer license to Ryan Road Investments, Inc., Demetris Tsioutsiopoulos, Agent, for Wild Fire Burgers, 9535 S. 13th St., with issuance subject to receipt of an occupancy permit.  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. Kopplin called for a division of the question.  Ald. Grabowski, seconded by Ald. Jonas, moved to grant a renewal landfill license for 2005 to Herman and Elizabeth Kopplin, 6931 S. Howell Ave.  On roll call, the vote was as follows:  Ald. Kopplin abstained from voting; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.

            Ald. Grabowski, seconded by Ald. Foeckler, moved to grant renewal landfill licenses for 2005 to the following:

            C. W. Purpero, Inc., 813 W. College Ave.

            Apple Tower Development, Inc., 8400, 8380 and 8432 S. 27th St. and 8351 S. 20th St.

            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 a renewal mobile home park license for 2005 to Fifth Avenue Development Group, LLC, for the Fifth Avenue Mobile Home Park, 8481 S. 5th Ave., with the condition that either the encroaching trailers are moved or the mobile home park owners get appropriate zoning for the leased portion of the land to the south no later than 12/31/05.  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. Foeckler, moved to grant Operator’s licenses to:

            Dennis Robert Kartes, 5749 S. 23rd St., Milwaukee (Pick n Save)

            Michelle Lee Behnke, 507 Southtowne Place, South Milwaukee (Applebee’s)

            Dorothy Ann Prasalowicz, 10011 S. Nicholson Rd. (Jazzbro’s)

            Tahira F. Akbar, 8370 S. 13th St. (Smile’s)

            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 a transient merchant license to Langdon Promotional Group, Milwaukee, selling VIP cards for Tires Plus and the following salespersons:

            Justin P. Enge, 205 W. Highland Ave., #314, Milwaukee

            Reddy Deepak, N81 W15085 Appleton Ave., #203, Menomonee Falls

            Catharine Han, 8885 N. Rexleigh Dr., Bayside

            Shane McClure, 1415 13th Ave., #101, Union Grove

            Sherene Tomaszewski, 3937 N. Maryland Ave., Shorewood

            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 APPROVES PURCHASE OF 52 MOTOROLA MINITOR IV PAGERS AND RELATED EQUIPMENT FROM MILWAUKEE 2-WAY, INC., AT COST OF $28,169.00.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the purchase of 52 Motorola Minitor IV pagers and related equipment from Milwaukee 2-Way, Inc., at a cost of $28,169.00.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.  Ald. Foeckler was not present for the vote.

13.       COUNCIL ACCEPTS WRITTEN QUOTE FROM MILLER-BRADFORD & RISBERG, INC., IN AMOUNT OF $17,700.00 FOR GRAPPLE TO BE MOUNTED ON STREET DEPARTMENT’S CASE 1085 CRUZ AIR. 

            Ald. Grabowski, seconded by Ald. Jonas, moved to approve the recommendation of the Street Superintendent and accept the written quote from Miller-Bradford & Risberg, Inc., in the amount of $17,700.00 for a grapple to be mounted on the Street Department’s Case 1085 Cruz Air.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Jonas, aye.  Ald. Foeckler was not present for the vote.

            Note:  Items 14 and 15 were taken as one motion.

14.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10494-031505, APPROVING CSM FOR PROPERTY AT 1800 E. RAWSON AVE. (MARTIN AND ROBIN CHAPA). 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10494-031505, approving the certified survey map for the property at 1800 E. Rawson Ave. (Martin and Robin Chapa).  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. 10498-031505, APPROVING DEVELOPMENT AGREEMENT FOR MARTIN CHAPA CSM AT 1800 E. RAWSON AVE. 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10498-031505, approving the development agreement for the Martin Chapa certified survey map at 1800 E. Rawson Ave.  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.

16.       COUNCIL APPROVES TERMINATION AGREEMENT BETWEEN CITY OF OAK CREEK AND ERV LARSEN LANDSCAPE & SUPPLIES, INC., AND ADOPTS RESOLUTION NO. 10492-031505, TERMINATING CONTRACTS WITH ERV LARSEN LANDSCAPE & SUPPLIES, INC., FOR PROJECT NOS. 99001 AND 00008.

            Ald. Lampe, seconded by Ald. Grabowski, moved to approve the Termination Agreement between the City of Oak Creek and Erv Larsen Landscape & Supplies, Inc., and to adopt Resolution No. 10492-031505, terminating the contracts with Erv Larsen Landscape & Supplies, Inc., for Project Nos. 99001 and 00008 (installation of street trees in various locations).  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 17 through 20 were taken as one motion.

17.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10491-031505, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NO. 00002

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10491-031505, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project No. 00002 (installation of a street turnaround and park improvements in Annette Pl. and Otjen Park).  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.       PRESENTED AND ADOPTED:  ORDINANCE NO. 2340, RELATING TO RESIDENTIAL DRIVEWAYS.

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Ordinance No. 2340, repealing and recreating Section 6.60(g)(3)(b) of the Municipal Code relating to residential driveways.  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10490-031505, ACCEPTING 2004 ANNUAL REPORT FOR OAK CREEK’S WPDES STORM WATER (NR 216) PERMIT.

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10490-031505, accepting the 2004 Annual Report for Oak Creek’s WPDES Storm Water (NR 216) permit.  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10489-031505, ACCEPTING RECOMMENDATIONS OF CIP COMMITTEE TO AUTHORIZE ROAD IMPROVEMENTS. 

            Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10489-031505, accepting the recommendations of the CIP Committee to authorize the road improvements as listed.  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.

            ADJOURNMENT.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adjourn this meeting at 9:14 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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