TUESDAY, MAY 17, 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, Fire Lieutenant Roy Giesenschlag, Utility Engineer Michael Sullivan, and City Clerk Beverly Buretta.
Ald. Grabowski, seconded by Ald. Jonas, moved to approve the minutes of the 4/19/05 and 5/3/05 meetings as published. All voted aye; motion carried.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY GARY KRAEGER TO AMEND OFFICIAL MAP FOR SW 1/4 OF SECTION 6, AFFECTING AREA BOUNDED BY W. WOOD AVE., S. 20TH ST., AND JOHNSTONE PARK.
A public hearing was held to consider a proposal by Gary Kraeger to amend the Official Map for the Southwest 1/4 of Section 6, affecting the area bounded by W. Wood Ave., S. 20th St., and Johnstone Park. A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).
2. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY TRI CITY NATIONAL BANK TO REZONE PORTION OF PROPERTY AT 2555 W. RYAN RD. FROM B-3 OFFICE AND PROFESSIONAL BUSINESS CU, TO B-4 HIGHWAY BUSINESS.
A public hearing was held to consider a proposal by Tri City National Bank to rezone a portion of the property at 2555 W. Ryan Rd. from B-3 Office and Professional Business CU, to B-4 Highway Business. A summary transcript is available in the City Clerk’s Office (see item 7 for action on this hearing).
3. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CARY AND LORI SCHMIDT TO REZONE PORTION OF PROPERTY AT 9160 S. PENNSYLVANIA AVE. FROM M-1 MANUFACTURING TO B-3 OFFICE AND PROFESSIONAL BUSINESS FOR DANCE STUDIO.
A public hearing was held to consider a proposal by Cary and Lori Schmidt to rezone a portion of the property at 9160 S. Pennsylvania Ave. from M-1 Manufacturing to B-3 Office and Professional Business for the purpose of operating a dance studio. A summary transcript is available in the City Clerk’s Office (see item 8 for action on this hearing).
4. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY TO CREATE SECTION 17.0316 OF MUNICIPAL CODE ESTABLISHING URBAN VILLAGE ZONING DISTRICT.
A public hearing was held to consider a proposal by the City of Oak Creek to create Section 17.0316 of the Municipal Code establishing an Urban Village zoning district. A summary transcript is available in the City Clerk’s Office (see item 9 for action on this hearing).
5. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY TO CREATE SECTION 17.0715 OF MUNICIPAL CODE REGARDING SIGN PERMIT APPEALS.
A public hearing was held to consider a proposal by the City of Oak Creek to create Section 17.0715 of the Municipal Code regarding sign permit appeals. A summary transcript is available in the City Clerk’s Office (see item 10 for action on this hearing).
6. PRESENTED AND ADOPTED: ORDINANCE NO. 2349, AMENDING OFFICIAL MAP FOR SW 1/4 OF SECTION 6 (GARY KRAEGER).
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2349, amending the Official Map for the Southwest 1/4 of Section 6 (Gary Kraeger). 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. PRESENTED AND ADOPTED: ORDINANCE NO. 2352, APPROVING REZONING OF PORTIONS OF PROPERTY AT 2555 W. RYAN RD. FROM B-3 OFFICE AND PROFESSIONAL BUSINESS CU TO B-4 HIGHWAY BUSINESS (TRI CITY NATIONAL BANK).
Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2352, approving the rezoning of portions of the property at 2555 W. Ryan Rd. from B-3 Office and Professional Business CU to B-4 Highway Business (Tri City National Bank). 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. PRESENTED AND ADOPTED: ORDINANCE NO. 2353, APPROVING REZONING OF PORTIONS OF PROPERTY AT 9160 S. PENNSYLVANIA AVE. FROM M-1 MANUFACTURING TO B-3 OFFICE AND PROFESSIONAL BUSINESS (CARY AND LORI SCHMIDT).
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2353, approving the rezoning of portions of the property at 9160 S. Pennsylvania Ave. from M-1 Manufacturing to B-3 Office and Professional Business (Cary and Lori Schmidt). 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. DIRECTED HELD: ORDINANCE NO. 2351, CREATING SECTION 17.0316 OF MUNICIPAL CODE REGARDING S. 27TH ST. URBAN VILLAGE ZONING DISTRICT.
Ordinance No. 2351, creating Section 17.0316 of the Municipal Code regarding the S. 27th St. Urban Village zoning district was directed held.
10. PRESENTED AND ADOPTED: ORDINANCE NO. 2350, CREATING SECTION 17.0715 OF MUNICIPAL CODE REGARDING SIGN PERMIT APPEALS.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2350, creating Section 17.0715 of the Municipal Code regarding sign permit appeals. 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 AS REVISED: FINAL RESOLUTION AUTHORIZING ROAD RECONSTRUCTION, APPROVING PRELIMINARY PLANS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES IN SOUTHBRANCH INDUSTRIAL PARK (PROJECT NO. 04003).
Ald. Jonas moved to adopt Resolution No. 10513-050305, as revised, a final resolution authorizing road reconstruction, approving preliminary plans and levying special assessments against benefited properties in Southbranch Industrial Park (Project No. 04003), to include that the actual assessment will not exceed the amount in the Engineer’s Report (full payment of asphalt by the City in the amount of $313,749.00); 7 percent interest on the assessment to be paid in equal annual installments; to establish a uniform duration of payback of 15 years, and for those who qualify, up to 20 years, and payments by the City for certain work items. Motion was amended to strike payments by the City for certain work items. The Mayor called three times for a second; motion number one failed for lack of a second.
Ald. Jonas moved to adopt Resolution No. 10513-050305, with 7 percent interest; to establish a uniform duration of payback of 15 years, and for those who qualify up to 20 years; and with the City paying 50 percent of the asphalt costs. The Mayor called three times for a second; motion number two failed for a lack of a second.
Ald. Foeckler, seconded by Ald. Toman, moved to adopt Resolution No. 10513-050305, as revised, with a uniform 15-year payback and 20 years for those who qualify; 7 percent interest; using a 50 percent assessment blend by front footage and per lot, and maintaining the costs in the original Engineer’s Report (actual costs with a not-to-exceed amount). 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 PRESIDENT APPOINTS ALD. TOMAN AS EMERGENCY GOVERNMENT COMMITTEE REPRESENTATIVE.
Common Council President Foeckler appointed Ald. Toman as the second Emergency Government Committee Representative.
13. MAYOR MAKES TWO ALDERMANIC APPOINTMENTS.
The Mayor made the following aldermanic appointments:
Community Development Authority (CDA) (1 additional) – Ald. Kopplin
ad hoc Bender Park Committee – (1 additional) - Ald. Grabowski
14. VENDOR SUMMARY REPORT APPROVED.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $228,301.60. 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: COUNCIL PROCLAMATION NO. 05-09 IN MEMORY OF MR. EUGENE (GENE) GOSLINE, AND IN RECOGNITION OF HIS DEDICATION AND SELFLESS EFFORTS IN ESTABLISHMENT OF OAK CREEK VETERANS’ MEMORIAL PARK; COUNCIL AUTHORIZES PLACEMENT OF MEMORIAL STONE AND TREE AT MEMORIAL PARK SITE.
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 05-09 in memory of Mr. Eugene (Gene) Gosline, and in recognition of his dedication and selfless efforts in the establishment of the Oak Creek Veterans’ Memorial Park, and to authorize the placement of a memorial stone and tree at the memorial park site. 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. PRESENTED AND ADOPTED: MAYORAL PROCLAMATION ON NATIONAL SAFE BOATING WEEK, MAY 21-27, 2005.
Ald. Lampe, seconded by Ald. Grabowski, moved to adopt the Mayoral Proclamation on National Safe Boating Week, May 21-27, 2005. 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. COUNCIL ACCEPTS BID OF COMMUNITY NEWSPAPERS TO SERVE AS OFFICIAL CITY NEWSPAPER FOR NEXT 12 MONTHS.
Ald. Kopplin, seconded by Ald. Foeckler, moved to accept the bid of Community Newspapers to serve as the official City newspaper for the next 12 months. 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. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Jonas, moved to grant Operator’s licenses to:
Sharon Ann Weiss, 2729 W. College Ave., Milwaukee (Pick n Save)
Christy Marie Ward, 2581 E. Adams Ct., #7, Cudahy (Cellar)
Kori Love Lynch, 11469 W. St. Martins Rd., Franklin (Legion)
Amber Lee Mueller, 3754 S. Rutland, St. Francis (Legion)
Ka Lam “Polly” Ng, 6830 Kathleen Ct., #8, Franklin (Pick n’ Save)
Karen Mary Gebhard, 3205 Nicholson Ave., South Milwaukee (MATC)
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 Class “B” Beer and Class “C” Wine license to The Butcher’s Deli, LLC, Randy Kluth, Agent, for La Pizzeria & Deli, 9540 S. 27th St., with issuance subject to surrender of their existing “Class A” 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. Jonas, moved to grant an Amusement Device Operator and Amusement Devices license to:
Wisconsin P & P Amusement, Inc., 12565 Lisbon Rd., Brookfield
Marcus Cinemas of Wisconsin, LLC, 7261 S. 13th St.
Games Are Us, Inc., W144 S6315 College Ct., Muskego
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 approve Stephen J. Wroblewski, 2746 N. Fratney St., Milwaukee as an additional salesperson for Time Warner Cable. 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 APPROVES QUOTE FOR REPAIRING APPARATUS FLOORING AT ALL THREE FIRE STATIONS FROM COMPASS ENTERPRISES, INC., AT COST OF $55,039.00.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the quote for repairing the apparatus flooring at all three fire stations from Compass Enterprises, Inc., at a cost of $55,039.00. 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. 10515-051705, ACCEPTING WATER MAIN EASEMENT FOR PROJECT NO. 05101, KINNEY LN. WATER AND SEWER INSTALLATION, PLANNED FOR 2005.
Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10515-051705, accepting a water main easement for Project No. 05101, Kinney Ln. water and sewer installation, planned for 2005. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10516-051705, APPROVING MEMORANDUM OF UNDERSTANDING REGARDING ACCESS FOR JOHN G. GONIS REAL ESTATE LIMITED PARTNERSHIP.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10516-051705, approving a memorandum of understanding regarding access for the John G. Gonis Real Estate Limited Partnership. 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 AWARDS 2005 ROAD IMPROVEMENTS UNIT PRICE CONTRACT TO PAYNE & DOLAN, INC. (PROJECT NOS. 05012 THROUGH 05018), WITH FOREST HILL AVE. FROM HOWELL AVE. TO 70 FEET WEST OF HOWELL AVE. TO REMAIN, AND STAFF DIRECTED TO START SPECIAL ASSESSMENT PROCESS.
Ald. Foeckler, seconded by Ald. Grabowski, moved to award the 2005 road improvements unit price contract to the lowest responsive, responsible bidder, Payne & Dolan, Inc. (Project Nos. 05012 through 05018), to leave in Forest Hill Ave. from Howell Ave. to 70 feet west of Howell Ave., and to direct staff to start the special assessment process (for the Forest Hill/Howell Ave. portion). 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10514-051705, APPROVING PUBLIC SANITARY SEWER EASEMENT FROM MEYER REVOCABLE TRUST FOR PROPOSED PUBLIC SANITARY SEWER AT 2320 W. RYAN RD.
Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Resolution No. 10514-051705, approving a public sanitary sewer easement from Meyer Revocable Trust for the proposed public sanitary sewer at 2320 W. Ryan Rd. 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. EXECUTIVE SESSION HELD.
Ald. Grabowski, seconded by Ald. Jonas, moved to convene into Executive Session at 10:10 p.m., pursuant to Wisconsin State Statutes, to discuss the following:
a. Section 19.85(1)(e)(g) to discuss legal fees incurred in defending the claim brought by the Attorney General regarding sanitary sewer overflow litigation;
b. Section 19.85(1)(c)(e) to discuss the performance evaluation for the City Administrator.
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.
25-26. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.
The council reconvened into to reconvene into Open Session; no action was taken.
ADJOURNMENT.
Ald. Foeckler, seconded by Ald. Kopplin, moved to adjourn this meeting at 1:00 a.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor