MONDAY, APRIL 4, 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, 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, Street Division Supervisor David Laehn, Director of Parks, Recreation and Forestry Douglas Schachtner, Utility Engineer Michael Sullivan, and Deputy City Clerk Pam Bauer.
Ald. Grabowski, seconded by Ald. Jonas, moved to approve the minutes of the 3/1/05 and 3/15/05 meetings as published. All voted aye; motion carried.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY OF OAK CREEK TO AMEND SECTION 17.1402 OF MUNICIPAL CODE REGARDING DEFINITION OF “FAMILY” AND “FAMILY UNIT”.
A public hearing was held to consider a proposal by the City of Oak Creek to amend Section 17.1402 of the Municipal Code regarding the definition of a “family” and a “family unit”. A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).
2. PRESENTED AND ADOPTED: ORDINANCE NO. 2342, REPEALING AND RECREATING DEFINITION OF FAMILY, CREATING DEFINITION OF FUNCTIONAL FAMILY UNIT AND CHAPTER 980 STATS. SUPERVISED RELEASE USE UNDER SECTION 17.1402 OF MUNICIPAL CODE, ESTABLISHING CHAPTER 980 SUPERVISED RELEASE USES AND FUNCTIONAL FAMILY UNITS AS CONDITIONAL USES IN ALL ZONING DISTRICTS.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2342, repealing and recreating the definition of family, creating the definition of a functional family unit and a Chapter 980 Stats. supervised release use under Section 17.1402 of the Municipal Code, establishing Chapter 980 supervised release uses and functional family units as conditional uses in all zoning districts. 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.
3. PRESENTED AND ADOPTED WITH DIRECTION THAT COUNCIL ADDRESS SPECIAL ASSESSMENT POLICY AT FUTURE MEETING: 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. Foeckler, seconded by Ald. Grabowski, moved to adopt 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 reverse roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, no; Ald. Grabowski, aye; and Ald. Jonas, aye. The vote resulted in a tie. The Mayor voted no; the motion to adopt failed. A brief recess was called at 8:17 p.m. and the meeting resumed at 8:22 p.m. Ald. Toman, seconded by Ald. Lampe, moved to reconsider action taken on Resolution No. 10499-031505. 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. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10499-031505. Motion, with second agreeing, was amended to adopt, with the direction that the Common Council, as a whole, address the special assessment policy at a future meeting. 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.
4. VENDOR SUMMARY REPORT APPROVED.
Ald. Jonas, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $483,086.81. 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. DIRECTED HELD: RESOLUTION NO. 10502-040405, APPROVING LICENSE AGREEMENT BETWEEN WISCONSIN ELECTRIC POWER COMPANY (WE ENERGIES) AND CITY OF OAK CREEK FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF A RECREATIONAL TRAIL.
Ald. Toman, seconded by Ald. Jonas, moved to hold Resolution No. 10502-040405, approving the license agreement between Wisconsin Electric Power Company (WE Energies) and the City of Oak Creek for the construction, operation and maintenance of a recreational trail for a response from WE Energies on proposed language changes in Section 5.1 - Termination as recommended by the City Attorney (relating to renegotiation by the City and WE Energies in the event an alternate location would be required involving wetlands or acquiring of private property), and to request WE Energies pick up the cost of the whole project and asphalt the recreational trail immediately. 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 NO. 10504-040405, AUTHORIZING PETITION TO OFFICE OF COMMISSIONER OF RAILROADS FOR MODIFICATION OF EXISTING PUBLIC ROAD CROSSING AT ELM RD. AND UNION PACIFIC TRACKS FOR USE AS RECREATION TRAIL.
Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10504-040405, authorizing a petition to the Office of the Commissioner of Railroads for modification of an existing public road crossing at Elm Rd. and the Union Pacific tracks for use as a recreation trail. 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 CONCURS WITH APPOINTMENT OF REBECCA LANE TO POSITION OF FULL-TIME CITY FORESTER AND ADOPTS ORDINANCE NO. 2341, ESTABLISHING 2005 SALARY FOR THAT POSITION.
Ald. Lampe, seconded by Ald. Jonas, moved to concur with the recommendation to appoint Rebecca Lane to the position of full-time City Forester and to adopt Ordinance No. 2341, establishing the 2005 salary for the position of City Forester. 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. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Jonas, moved to grant the request of Roundy’s, Inc., for a change in agent on their “Class A” Combination license for Pick n’Save, 6312 S. 27th St., from Steve Immel to Dale F. Sosinski, W291 S6751 E. Woods Ct., Mukwonago. 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. Foeckler, moved to grant Operator’s licenses to the following:
Patrick Sloan, 6167 Highland Ln., #1, Greendale (Applebee’s)
Krista Nicole Sobotta, 9236 S. 28th St., Franklin (Butcher’s Deli)
Eric B. Schneeberg, 3257 S. Dayfield Ave., Milwaukee (The Saloon)
Daniel G. Meiser, 2954 N. Cramer St., Milwaukee (Gary’s)
Tanya Marie Zeniecki, 5151 S. 13th St., #D, Milwaukee (Applebee’s)
Yolanda Martinez, 8610 S. Stone Creek Dr. (LaTerraza)
Michele Lynn Hecht, 552 Southtowne Dr., #208, South Milwaukee (Bender Park Pub)
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 approve the request of Time Warner Cable for a waiver of transient merchant licensing requirements for their direct sales program of new products and services. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, no; Ald. Grabowski, aye; and Ald. Jonas, no. Motion failed.
Ald. Foeckler, seconded by Ald. Grabowski, moved to hold action on the request of Norine Travis for a one-day change to the premises description on the Class B Combination license issued to Norine’s on Oakwood, 823 W. Oakwood Rd., to include the back yard area behind her bar in order to host a race car fundraising party on 5/7/05. Motion, with second agreeing, was amended to grant the request of Norine Travis, subject to Police Department approval. 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 APPROVES BID FROM QUALITY FIRE PROTECTION FOR INSTALLATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS IN FIRE STATIONS 1 AND 2, AND AUTHORIZES MAYOR AND CITY CLERK TO SIGN CONTRACT FOR PROJECT.
Ald. Grabowski, seconded by Ald. Jonas, moved to approve the bid from Quality Fire Protection for installation of automatic fire sprinkler systems in Fire Stations 1 and 2, and that the Mayor and City Clerk be authorized to sign the contract for the project. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10501-040405, PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS FOR PROJECT NO. 05105, SANITARY SEWER IN DREXEL AVE. FROM APPROXIMATELY 200 FEET WEST OF LONG MEADOW DR. TO APPROXIMATELY 1,600 FEET WEST OF LONG MEADOW DR., AND ESTABLISHING PUBLIC HEARING DATE OF 5/3/05.
Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10501-040405, a preliminary resolution declaring intent to exercise special assessment powers for Project No. 05105, sanitary sewer in Drexel Ave. from approximately 200 feet west of Long Meadow Dr. to approximately 1,600 feet west of Long Meadow Dr., and to establish a public hearing date of 5/3/05. 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.
11. PRESENTED AND ADOPTED: RESOLUTION NO. 10505-040405, APPROVING CSM FOR PROPERTY AT 10530 S. CHICAGO RD. (SILKWORTH).
Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10505-040405, approving a certified survey map for the property at 10530 S. Chicago Rd. (Silkworth). 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10506-040405, APPROVING DEVELOPMENT AGREEMENT FOR MICJENSAR DEVELOPMENT CSM AT 10020 AND 10050 S. SHEPARD AVE.
Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10506-040405, approving the development agreement for the Micjensar Development certified survey map at 10020 and 10050 S. Shepard 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.
13. PRESENTED AND ADOPTED: RESOLUTION NO. 10507-040405, APPROVING CSM FOR PORTION OF PROPERTY AT 2065 E. GREEN VALLEY LN. (GENEVIEVE’S GARDEN).
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10507-040405, approving a certified survey map for a portion of the property at 2065 E. Green Valley Ln. (Genevieve’s Garden). 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.
14. PRESENTED AND ADOPTED: RESOLUTION NO. 10503-040405, PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS FOR PROJECT NO. 04003, RECONSTRUCTION OF ROADWAYS IN SOUTHBRANCH INDUSTRIAL PARK, AND ESTABLISHING PUBLIC HEARING DATE FOR 5/3/05.
Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Resolution No. 10503-040405, a preliminary resolution declaring intent to exercise special assessment powers for Project No. 04003, reconstruction of the roadways in Southbranch Industrial Park, and to establish a public hearing date for 5/3/05. 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.
15. COUNCIL APPROVES INSTALLATION OF STOP SIGNS ON S. LENOX AVE. AT INTERSECTION OF E. MANITOWOC AVE.
Ald. Kopplin, seconded by Ald. Foeckler, moved to approve the installation of stop signs on S. Lenox Ave. at the intersection of E. Manitowoc Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Jonas, aye.
16-18. NO EXECUTIVE SESSION HELD; COUNCIL AUTHORIZES ISSUANCE OF NOTICE OF DISALLOWANCE ON CLAIM FOR EXCESSIVE ASSESSMENT FILED BY JAMES D. AND MARYANN C. PURCELL.
The Council did not convene into Executive Session immediately following the conclusion of the Common Council meeting pursuant to Wisconsin State Statutes Section 19.85(1)(e)(g) to consider the claim for excessive assessment filed by James D. and Maryann C. Purcell. Ald. Foeckler, seconded by Ald. Jonas, moved to authorize the issuance of a Notice of Disallowance on the claim for excessive assessment filed by James D. and Maryann C. Purcell. 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. COUNCIL ACCEPTS WRITTEN QUOTE FROM WILKINSON CAPSTRAN, INC., IN AMOUNT OF $15,685.00 FOR VEHICLE HOIST.
Ald. Jonas, seconded by Ald. Kopplin, moved to approve the recommendation of the Street Superintendent and accept the written quote from Wilkinson Capstran, Inc., in the amount of $15,685.00 for a vehicle hoist. 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. Jonas, moved to adjourn this meeting at 9:55 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor