TUESDAY, APRIL 19, 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 Attorney Lawrence Haskin, City Administrator Barbara Blumenfield, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Assistant Fire Chief Thomas Rosandich, Street Superintendent William Schaper, Police Chief Thomas Bauer, Police Captain William Wilson, Director of Parks, Recreation and Forestry Douglas Schachtner, Public Health Nurse Supervisor Sue Wojcinski, and City Clerk Beverly Buretta.
City Clerk Beverly Buretta officially swore in to office 1st District Alderperson Elizabeth Kopplin, 3rd District Alderperson Ann Lampe, and 5th District Alderperson Dimity Grabowski.
Ald. Grabowski, seconded by Ald. Jonas, moved to approve the minutes of the 4/4/05 meeting as published. 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.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY SUPERIOR PROPERTIES GROUP TO REZONE PROPERTY AT 6890 S. HOWELL AVE. FROM B-4 HIGHWAY BUSINESS TO M-1 MANUFACTURING AND TO GRANT CONDITIONAL USE PERMIT FOR TRUCK MAINTENANCE FACILITY.
A public hearing was held to consider a proposal by the Superior Properties Group to rezone the property at 6890 S. Howell Ave. from B-4 Highway Business to M-1 Manufacturing and to grant a conditional use permit for a truck maintenance facility. A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).
2. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY MILWAUKEE COUNTY TO REZONE PORTIONS OF PROPERTIES AT 1125 AND 1025 E. COLLEGE AVE., 709 E. OAK ST. AND PART OF 725 E. OAK ST. FROM M-1 MANUFACTURING TO P-1 PARK DISTRICT FOR A DOG PARK.
A public hearing was held to consider a proposal by Milwaukee County to rezone portions of the properties at 1125 and 1025 E. College Ave., 709 E. Oak St. and part of 725 E. Oak St. from M-1 Manufacturing to P-1 Park District for a dog park. A summary transcript is available in the City Clerk’s Office (see item 5 for action on this hearing).
3. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY TO CREATE SECTIONS 17.0329, 17.0330, 17.0331, 17.0332 AND 17.0333 OF MUNICIPAL CODE ESTABLISHING OVERLAY ZONING DISTRICTS AND DESIGN GUIDELINES FOR 27TH STREET CORRIDOR.
A public hearing was held to consider a proposal by the City of Oak Creek to create Sections 17.0329, 17.0330, 17.0331, 17.0332 and 17.0333 of the Municipal Code establishing overlay zoning districts and design guidelines for the 27th Street corridor. A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).
4. DIRECTED FILED: ORDINANCE NO. 2344, REZONING PROPERTY AT 6890 S. HOWELL AVE. FROM B-4 HIGHWAY BUSINESS TO M-1 MANUFACTURING, AND AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR TRUCK MAINTENANCE FACILITY (SUPERIOR PROPERTIES).
Ald. Grabowski, seconded by Ald. Foeckler, moved to not adopt Ordinance No. 2344, rezoning the property at 6890 S. Howell Ave. from B-4 Highway Business to M-1 Manufacturing, and authorizing the issuance of a conditional use permit for a truck maintenance facility (Superior Properties). Motion, with second agreeing, was made to file Ordinance No. 2344. 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, no.
5. PRESENTED AND ADOPTED: ORDINANCE NO. 2345, APPROVING REZONING OF PORTIONS OF PROPERTIES AT 1125 AND 1025 E. COLLEGE AVE., 709 AND 725 E. OAK ST. FROM M-1 MANUFACTURING TO P-1 PARK (MILWAUKEE COUNTY).
Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2345, approving the rezoning of portions of the properties at 1125 and 1025 E. College Ave., 709 and 725 E. Oak St. from M-1 Manufacturing to P-1 Park (Milwaukee County). On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, no; Ald. Grabowski, aye; and Ald. Jonas, aye.
6. DIRECTED HELD TO 5/3/05 MEETING: ORDINANCE NO. 2346, CREATING SECTIONS 17.0329, 17.0330, 17.0331, 17.0332 AND 17.0333 OF MUNICIPAL CODE REGARDING S. 27TH ST. OVERLAY ZONING DISTRICTS.
Ald. Grabowski, seconded by Ald. Jonas, moved to hold to the 5/3/05 meeting Ordinance No. 2346, creating Sections 17.0329, 17.0330, 17.0331, 17.0332 and 17.0333 of the Municipal Code regarding S. 27th St. overlay 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.
7. ALD. FOECKLER ELECTED COUNCIL PRESIDENT.
City Attorney Lawrence Haskin explained the process for election of a Common Council President. The Mayor opened up the floor to nominations. Ald. Jonas nominated Ald. Foeckler and Ald. Toman nominated Ald. Kopplin. Ald. Lampe, seconded by Ald. Jonas, moved to close nominations for Common Council President. 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. On a secret vote by paper ballot, the results were as follows: Ald. Foeckler received 4 votes; Ald. Kopplin received 2 votes; therefore, Ald. Foeckler was elected Common Council President.
8. COUNCIL PRESIDENT’S ALDERMANIC APPOINTMENTS HELD TO 5/3/05 MEETING.
Common Council President Ald. Foeckler held making his aldermanic appointments, as follows, to the 5/3/05 meeting:
a. Personnel Committee (minimum of 2) – 3
b. Capital Improvements Committee – 3
c. License Committee -3
d. Plan Commission Representatives – 2
e. Board of Health Representative – 1
f. Emergency Government Committee Representative – 1
g. Parks, Recreation and Forestry Commission – 1
h. Cable Advisory Committee – 1
i. Traffic and Safety Commission – 1
9. MAYOR’S ALDERMANIC APPOINTMENTS HELD TO 5/3/05 MEETING.
The Mayor held making his aldermanic appointments, as follows, to the 5/3/05 meeting:
a. Library Board
b. Community Development Authority (CDA) (2)
c. Community Center Board of Directors
d. ad hoc Bender Park Committee
e. Small Claims Committee
10. COUNCIL CONCURS WITH MAYOR’S CITY OFFICIALS APPOINTMENTS.
Ald. Kopplin, seconded by Ald. Grabowski, moved to concur with the Mayor’s City Officials Appointments as follows:
a. Sanitarian – John DeVita (one-year term expiring 4/06)
b. Weed Commissioners – Brent Conley and Rosemary Conley (one-year term expiring 4/06)
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. HELD: MAYOR’S APPOINTMENT OF MICHAEL HELGESON TO TRAFFIC & SAFETY COMMISSION.
Council concurrence with the Mayor’s appointment of Michael J. Helgeson, 8835 S. Brook Circle, to the Traffic & Safety Commission to complete a term expiring 9/05, was directed held.
12. COUNCIL CONCURS WITH MAYOR’S REAPPOINTMENTS; APPOINTMENTS TO CELEBRATIONS COMMISSION HELD TO 5/3/05.
Council concurrence with the Mayor’s appointments as follows to the Celebrations Commission was directed held to the 5/3/05 meeting:
a. Celebrations Commission (3-year term expiring 4/08)
*Andrea Drosen, 3637 E. Fitzsimmons Rd.
*Chris Bolender, 3715 E. Ryan Rd.
*Sharon Armstrong, 7013 S. 13th St.
b. Ald. Grabowski, seconded by Ald. Kopplin, moved to concur with the reappointment of Bradley Evans to the Civil Service Commission for a 5-year term to expire 4/10. 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.
c. Ald. Grabowski, seconded by Ald. Foeckler, moved to concur with the reappointment of Marie Myszkowski to the Community Development Authority for a 2-year term to expire 12/06. 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.
d. Ald. Grabowski, seconded by Ald. Lampe, moved to concur with the reappointment of Judith Canfora to the Environmental Advisory Committee for a 2-year term expiring 4/07. 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.
e. Ald. Toman, seconded by Ald. Grabowski, moved to concur with the reappointment of Karen Siarkiewicz to the Library Board for a 3-year term expiring 6/08. 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.
f. Ald. Lampe, seconded by Ald. Foeckler, moved to concur with the reappointment of Greg Lampe, Marianne A. Dickmann, and Paul Sigler (School Board representative) to the Parks, Recreation & Forestry Commission for a 3-year term expiring 4/08. 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.
g. Ald. Grabowski, seconded by Ald. Kopplin, moved to concur with the reappointment of Dennis Filkins to the Police and Fire Commission for a 5-year term expiring 4/10. 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.
h. Ald. Kopplin, seconded by Ald. Grabowski, moved to concur with the reappointment of Thomas V. S. Lewison (Alt. No. 1), Bradley Evans, and Frank Haybeck to the Board of Review for a 5-year term expiring 5/10. 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.
i. Ald. Grabowski, seconded by Ald. Jonas, moved to concur with the reappointment of Randy Gregorek and Lawrence Bodette to the Board of Zoning/Housing Appeals for a 3-year term expiring 4/08. 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. VENDOR SUMMARY REPORT APPROVED.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $495,842.15. 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: COUNCIL PROCLAMATION NO. 05-06, CONGRATULATIONS TO DUAYNE TROYER.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 05-06, congratulations to Duayne Troyer. 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. 10508-041905, TO FOREGO APPLICABILITY OF MENTAL HEALTH PARITY ACT (MHPA) (HIPAA OPT-OUT ELECTION).
Ald. Kopplin, seconded by Ald. Jonas, moved to adopt Resolution No. 10508-041905, to forego applicability of the Mental Health Parity Act (MHPA) (HIPAA Opt-Out Election). 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 ACCEPTS WRITTEN QUOTE FROM TEMPLE DISPLAY IN AMOUNT OF $6,972.50 FOR BOULEVARD CHRISTMAS DECORATIONS.
Ald. Jonas, seconded by Ald. Kopplin, moved to approve the recommendation of the Street Superintendent and accept the written quote from Temple Display in the amount of $6,972.50 for boulevard Christmas decorations. 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.
17. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Jonas, moved to grant the request of Hide Away Corp., doing business as Bender Park Pub, 9117 S. 5th Ave., for a change of agent from Jeffrey Warner to Bernard Jock on their “Class B” Combination license. 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 a transient merchant license to Patrick M. McAdams, 641 Small Farm Rd., Mukwonago of P. McAdams Enterprises, LLC, doing business as Budget Blinds of Franklin, selling window treatments. 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. 2343, REPEALING AND RECREATING SECTION 15.201 OF MUNICIPAL CODE REGARDING ADOPTION BY REFERENCE OF STATE AND NATIONAL CODES.
Ald. Kopplin, seconded by Ald. Jonas, moved to adopt Ordinance No. 2343, repealing and recreating Section 15.201 of the Municipal Code regarding adoption by reference of state and national codes. 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 AUTHORIZES MAYOR AND CITY CLERK TO EXECUTE ADDENDUM TO 2004-05 CONTRACT WITH MILWAUKEE COUNTY FOR PROVISION OF PARAMEDIC SERVICE.
Ald. Kopplin, seconded by Ald. Jonas, moved to authorize the Mayor and City Clerk to execute an addendum to the 2004-05 contract with Milwaukee County for the provision of paramedic service. 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. COUNCIL APPROVES PURCHASE OF FIVE (5) REPLACEMENT POLICE VEHICLES FROM EWALD AUTOMOTIVE GROUP IN AMOUNT OF $110,550.
Ald. Foeckler, seconded by Ald. Jonas, moved to approve the purchase of five (5) replacement police vehicles from Ewald Automotive Group in the total amount of $110,550.00 (4-2005 Ford Crown Victoria marked squads and 1-2005 Chevrolet Tahoe 4WD marked supervisor squad). 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.
21. COUNCIL APPROVES RETIREMENT OF K-9 “BEAR” BY ADOPTING COUNCIL PROCLAMATION NO. 05-07, AND CONCURS WITH TRANSFER OF OWNERSHIP AGREEMENT WHICH CONVEYS OWNERSHIP OF “BEAR” TO OFFICER BRETT MENDOLA.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the retirement of K-9 “Bear” by adopting Council Proclamation No. 05-07, and to concur with the Transfer of Ownership Agreement which conveys ownership of “Bear” to Officer Brett Mendola. 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.
22. COUNCIL APPROVES ANNUAL AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES FOR 2005-06 SCHOOL YEAR.
Ald. Grabowski, seconded by Ald. Jonas, moved to approve the proposed annual Agreement for School Resource Officer Services for the 2005-06 school year. 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.
23. COUNCIL APPROVES APPOINTMENT OF DANIELLE L. BARANEK TO POSITION OF EMERGENCY SERVICES DISPATCH SUPERVISOR AND ADOPTS ORDINANCE NO. 2347, RELATING TO 2005 SALARY FOR THIS POSITION.
Ald. Lampe, seconded by Ald. Kopplin, moved to approve the appointment of Danielle L. Baranek to the position of Emergency Services Dispatch Supervisor and to adopt Ordinance No. 2347, relating to the 2005 salary for this newly-created position within the Police Department. 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.
24. PRESENTED AND ADOPTED: RESOLUTION NO. 10509-041905, APPROVING CSM JOINING PROPERTIES AT 8469 AND 8473 S. HOWELL AVE. (FAIT FAMILY LTD. PARTNERSHIP/TRATTORIA DICARLO).
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10509-041905, approving a certified survey map joining the properties at 8469 and 8473 S. Howell Ave. (Fait Family Ltd. Partnership/Trattoria diCarlo). 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.
25. PRESENTED AND ADOPTED: RESOLUTION NO. 10510-041905, APPROVING AND ACCEPTING PUBLIC WATER MAIN EASEMENT FROM HERMAN C. AND ELIZABETH J. KOPPLIN FOR PROPOSED PUBLIC WATER MAIN ACROSS FRONTAGE OF THEIR PROPERTY AT 6955 S. HOWELL AVE.
Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10510-041905, approving and accepting a public water main easement from Herman C. and Elizabeth J. Kopplin for a proposed public water main across the frontage of their property at 6955 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.
26. EXECUTIVE SESSION HELD.
Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session at 9:35 p.m., pursuant to Wisconsin State Statutes to discuss the following:
a. Section 19.85(1)(e)(g) to consider the claims for excessive assessment filed by:
Estate of Clifford Bragman
Leonard and Frances Brumm
Gonis Real Estate Ltd. Partnership
Legacy Timber Ridge, LLC
NDC, LLC (Pick n’Save)
NDC, LLC (Tri-City)
Oak Shore Development LLC
Weiss Real Estate Trust
MMK Trust
Micjensar Realty Wisconsin Limited Partnership
b. Section 19.85(1)(e)(g) to discuss the method of handling the plan approvals and inspections for construction of the Elm Road Generating Station.
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.
27. COUNCIL RECONVENES INTO OPEN SESION.
Ald. Grabowski, seconded by Ald. Jonas, moved to reconvene into Open Session at 10:35 p.m. All voted aye; motion carried.
28. PRESENTED AND ADOPTED: RESOLUTION NO. 10511-041905, AUTHORIZING ISSUANCE OF NOTICE OF DISALLOWANCE OF EXCESSIVE ASSESSMENT CLAIMS.
Ald. Grabowski, seconded by Ald. Jonas, moved to adopt Resolution No. 10511-041905, authorizing the issuance of a notice of disallowance of excessive assessment claims (as listed in item 26). 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.
29. COUNCIL APPROVES FILLING VACANT POLICE OFFICER POSITION.
Ald. Lampe, seconded by Ald. Jonas, moved to approve filling a vacant police officer position. 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.
30. COUNCIL APPROVES REVISIONS TO FMLA POLICY, AS AMENDED.
Ald. Lampe, seconded by Ald. Jonas, moved to approve revisions to the Family and Medical Leave Act (FMLA) Policy as amended. 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. Grabowski, seconded by Ald. Jonas, moved to adjourn this meeting at 10:36 p.m. All voted aye; motion carried.
ATTEST:
_____________________________ ___________________________
Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor