TUESDAY, SEPTEMBER 6, 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 Planner Jeff Fortin, City Engineer Wayne St. John, Fire Chief Gerard Hammernik, Fire Lieutenant Steve Wilding, Police Chief Thomas Bauer, and Deputy City Clerk Pam Bauer.
Ald. Grabowski, seconded by Ald. Jonas, moved to approve the minutes of the 8/16/05 meeting as published. All voted aye; motion carried.
1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY BLACK DIAMOND GROUP TO AMEND CONDITIONAL USE PERMIT FOR STORAGE OF MATERIALS, VEHICLES AND EQUIPMENT ON PROPERTIES AT 6925 AND 6965 S. 6TH ST. BY EXTENDING TIME IN WHICH THEY HAVE TO COMMENCE CONSTRUCTION OF CONDITIONAL USE.
A public hearing was held to consider a proposal by the Black Diamond Group to amend the conditional use permit for the storage of materials, vehicles and equipment on the properties at 6925 and 6965 S. 6th St. by extending the time in which they have to commence construction of the conditional use. 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. 2370, AMENDING ORDINANCE NO. 2313 TO EXTEND TIME OF COMPLIANCE FOR CONDITIONAL USE PERMIT AFFECTING PROPERTIES AT 6925 AND 6965 S. 6TH ST. (BLACK DIAMOND GROUP).
Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2370, amending Ordinance No. 2313 to extend the time of compliance for the conditional use permit affecting the properties at 6925 and 6965 S. 6th St. (Black Diamond Group). 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. VENDOR SUMMARY REPORT APPROVED.
Ald. Grabowski, seconded by Ald. Jonas, moved to approve the Vendor Summary Report in the amount of $816,118.97. 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. PRESENTED AND ADOPTED: ORDINANCE NO. 2369, SETTING SALARY FOR INSPECTION SUPERVISOR.
Ald. Lampe, seconded by Ald. Jonas, moved to adopt Ordinance No. 2369, setting the salary for the Inspection Supervisor. 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. NO ACTION TAKEN AFTER DISCUSSION OF SALARY INCREASES FOR MAYOR AND COUNCIL AS REQUESTED BY ALD. JONAS.
After a discussion of salary increases for the Mayor and Common Council, as requested by Ald. Jonas, no action was taken.
Note: Items 6 through 9 were taken as one motion.
6. PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO. 05-14, CONGRATULATIONS TO EDGAR K. BURHOP FOR RECEIVING EAGLE SCOUT AWARD.
Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 05-14, congratulations to Edgar K. Burhop for receiving the Eagle Scout Award. 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: COUNCIL PROCLAMATION NO. 05-15, SCHOOL NIGHT TO JOIN SCOUTING.
Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 05-15, School Night to Join Scouting. 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: COUNCIL PROCLAMATION NO. 05-16, CELEBRATION OF STEPFAMILY DAY, FRIDAY, SEPTEMBER 16, 2005.
Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 05-16, celebration of Stepfamily Day, Friday, September 16, 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.
9. PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO. 05-17, DECLARING SEPTEMBER AS RECOVERY MONTH IN MILWAUKEE COUNTY.
Ald. Jonas, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 05-17, declaring September as Recovery Month in Milwaukee County. 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. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Jonas, moved to take action as listed for sub (a) through (d) and sub (f) and (g) only. 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 take action as listed for sub (e) only. 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.
a. Continue to hold:
Renewal application for a “Class B” Combination license for the 2005-06 licensing year submitted by Sunset, Inc., Nedzat (John) Ziba, doing business as the Sunset Family Restaurant, 924 E. Rawson Ave.
b. Grant an Operator’s license:
Flower Marie Lewis, 7829 W. Beckett Ave., Milwaukee (Applebee’s)
Brian Kelly Wells, 3651 E. Barbara Ct., #4 (Jazzbro’s)
c. Grant an Amusement Device Operator and Amusement Devices license:
Don R. Lemmer, Cudahy Amusement, 443 E. Norwich St., Milwaukee
d. Grant a run/walk license:
Basilica of St. Josaphat for the Tour de Dome youth bicycle event, one day only, 9/17/05, from 6AM to 4PM.
e. Grant a Special Class B Beer license:
Oak Creek Little League, Inc., for one day only, 8/27/05, at the Little League complex (confirmation only).
f. Grant an Original “revised” “Class B” Combination license, with issuance subject to receipt of an occupancy permit:
Greco’s Pub & Eatery, LLC, Michael J. Greco, Agent, for Greco’s Pub & Eatery, 10166 S. 27th St.
g. Grant an original “Class A” Combination license, with issuance subject to receipt of an occupancy permit:
Ultra Food Marts, Inc., Christopher J. Staff, Agent, for Pick n’Save, 2320 W. Ryan Rd.
Note: Items 11 through 14 were taken as one motion.
11. PRESENTED AND ADOPTED: RESOLUTION NO. 10542-090605, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH MENARD, INC., FOR THEIR PROPOSED MENARDS STORE EXPANSION AT 6800 S. 27TH ST.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10542-090605, approving a storm water management practices maintenance agreement with Menard, Inc., for their proposed Menards store expansion at 6800 S. 27th 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.
12. PRESENTED AND ADOPTED: RESOLUTION NO. 10543-090605, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH MICJENSAR DEVELOPMENT, LLC, FOR THEIR PROPOSED SHEPARD ORCHARD SUBDIVISION (PROJECT NO. 05056).
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10543-090605, approving a storm water management practices maintenance agreement with Micjensar Development, LLC, for their proposed Shepard Orchard subdivision (Project No. 05056). 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. 10544-090605, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH W. RYAN ROAD LLC, FOR THEIR PROPOSED OAK CREEK COMMONS RETAIL CENTER AT 2345 W. RYAN RD.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10544-090605, approving a storm water management practices maintenance agreement with W. Ryan Road LLC, for their proposed Oak Creek Commons Retail Center at 2345 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.
14. PRESENTED AND ADOPTED: RESOLUTION NO. 10546-090605, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH FAITH BAPTIST CHURCH FOR THEIR PROPOSED CHURCH AT 8519 S. 13TH ST.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10546-090605, approving a storm water management practices maintenance agreement with Faith Baptist Church for their proposed church at 8519 S. 13th 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.
15. PRESENTED AND ADOPTED: RESOLUTION NO. 10545-090605, RELEASING DEVELOPER, AMOCO OIL COMPANY, FROM TERMS AND CONDITIONS OF THEIR 1983 SITE DEVELOPMENT AGREEMENT AT 1225 W. RAWSON AVE.
Ald. Kopplin, seconded by Ald. Foeckler, moved to adopt Resolution No. 10545-090605, releasing the developer, Amoco Oil Company, from the terms and conditions of their 1983 site development agreement at 1225 W. 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.
Note: Items 16 and 17 were taken as one motion.
16. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR VARIOUS PROJECTS.
Ald. Jonas, seconded by Ald. Grabowski, moved to authorize payment of the contract progress payments for various projects. 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 AUTHORIZES PAYMENT OF CONTRACTED INSPECTION AND SURVEY SERVICES PAYMENTS FOR VARIOUS PROJECTS.
Ald. Jonas, seconded by Ald. Grabowski, moved to authorize payment of the contracted inspection and survey services payments for various projects. 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. COUNCIL AUTHORIZES CREATING CIP PROJECT IN 2008 BUDGET FOR REVIEW OF FLOODPLAIN MAPPING AND INITIATION OF FLOODPLAIN MAPPING AMENDMENT, IF WARRANTED.
Ald. Lampe, seconded by Ald. Foeckler, moved to create a CIP project in the 2008 budget for review of the floodplain mapping and initiation of a floodplain mapping amendment, if warranted. On roll call, the vote was as follows: Ald. Kopplin abstained from voting; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Jonas, aye.
19. EXECUTIVE SESSION HELD.
Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session at 8:15 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(e)(g) to discuss pending litigation relating to Ann Golombowski v. City of Oak Creek. 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.
20-21. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.
Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at 9:15 p.m. All voted aye; motion carried. No action was taken.
22. COUNCIL AUTHORIZES CITY ATTORNEY AND CITY ENGINEER TO NEGOTIATE CONTRACT WITH RICHARD KAHLE TO PERFORM HOUSE INSPECTIONS AS PART OF NOISE AND DUST GRANT PROGRAM RELATED TO WE ENERGIES’ POWER PLANT PROJECT; MAYOR AND CITY CLERK AUTHORIZED TO EXECUTE CONTRACT, PROGRAM DESIGN MODIFIED TO ACCEPT APPLICATIONS UNTIL 12/15/05; AND CLARIFICATION MADE THAT REIMBURSABLE COSTS ARE TOTAL APPROVED COSTS MINUS ANY AVAILABLE REBATES.
Ald. Toman, seconded by Ald. Grabowski, moved to:
a. Authorize the City Attorney and City Engineer to negotiate a contract with Richard Kahle to perform house inspections as part of the Noise and Dust Grant Program related to the WE Energies power plant project;
b. Authorize the Mayor and City Clerk to execute the contract on behalf of the City of Oak Creek;
c. Modify the program design to accept applications until December 15, 2005; and
d. Clarify that the reimbursable costs are the total approved costs minus any available rebates.
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. REFERRED TO PERSONNEL COMMITTEE: APPROVAL TO SEND TWO OAK CREEK FIRE DEPARTMENT PERSONNEL TO ASSIST IN RECOVERY EFFORTS FROM HURRICANE KATRINA, ALONG WITH DISCUSSION ON POLICY/PROCEDURE FOR EMPLOYEES WHO VOLUNTEER TO ASSIST IN RECOVERY EFFORTS DURING MAJOR EMERGENCIES.
Council approval to send two Oak Creek Fire Department personnel to assist in the recovery efforts from Hurricane Katrina, along with discussion on the policy/procedure for employees who volunteer to assist in recovery efforts during major emergencies was referred to the Personnel Committee scheduled for 9/8/05.
ADJOURNMENT.
Ald. Foeckler, seconded by Ald. Grabowski, moved to adjourn this meeting at 9:15 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor