PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

WEDNESDAY, NOVEMBER 8, 2006, 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. Michalski.  Also present were:  City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Design Engineer Matthew Sullivan, City Treasurer Barbara Guckenberger, Finance Manager RoseAnn Underberg, and City Clerk Beverly Buretta.

            Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the minutes of the 10/17/06 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. Michalski, aye.

1.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CHARLES RUSIECKI TO REZONE FRONT PORTIONS OF PROPERTIES AT 2234 AND 2298 E. ELM RD. FROM RS-3 SINGLE FAMILY RESIDENTIAL TO A-1 LIMITED AGRICULTURAL. 

            A public hearing was held to consider a proposal by Charles Rusiecki to rezone the front portions of the properties at 2234 and 2298 E. Elm Rd. from Rs-3 Single Family Residential to A-1 Limited Agricultural.  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. 2432, REZONING PART OF PROPERTIES AT 2234 AND 2298 E. ELM RD. FROM RS-3 SINGLE FAMILY RESIDENTIAL TO A-1 AGRICULTURAL (CHARLES RUSIECKI).

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Ordinance No. 2432, rezoning part of the properties at 2234 and 2298 E. Elm Rd. from Rs-3 Single Family Residential to A-1 Agricultural (Charles Rusiecki).  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. Michalski, aye. 

3.         PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 06-15, CONGRATULATIONS TO MICHAEL JOHN WAWRZYNIAK FOR RECEIVING EAGLE SCOUT AWARD. 

            Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Council Proclamation No. 06-15, congratulations to Michael John Wawrzyniak 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. Michalski, aye.

4.         PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 06-16, CONGRATULATIONS TO ANNE L. PLEVAK ON HER 100TH BIRTHDAY.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Council Proclamation No. 06-16, congratulations to Anne L. Plevak on her 100th birthday.  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. Michalski, aye.

5.         VENDOR SUMMARY REPORT APPROVED.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $596,448.65.  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. Michalski, aye.

6.         COUNCIL APPROVES CONTRACT WITH “PROPERTY ROOM” FOR ON-LINE AUCTION SERVICES TO DISPOSE OF SURPLUS CITY-OWNED PROPERTY.

            Ald. Grabowski, seconded by Ald. Lampe, moved to approve a contract with “Property Room” for on-line auction services to dispose of surplus City-owned property.  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. Michalski, aye. 

7.         LICENSE COMMITTEE.

            Ald. Grabowski, seconded by Ald. Michalski, moved to take the following action:

            Grant an original adult entertainment bookstore license for the year 2002 and renewal licenses for the years 2003, 2004, 2005 and 2006 to Richard Rothen, doing business as Cupid’s Toys, 7070 S. 27th St.;

            Grant an original license for the year 2002 and renewal licenses for the years 2003, 2004, 2005 and 2006 for a manager/assistant manager license for an adult entertainment establishment (Cupid’s Toys) to:

            Grant an original license for the year 2002 and renewal licenses for the years 2003, 2004, 2005 and 2006 for an employee license for an adult entertainment establishment (Cupid’s Toys) to Cassandra Marie Hathaway, 1440 S. 116th St., West Allis.

            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. Michalski, aye.  Staff will request Richard Rothen to respond as to why his wife did not apply for a license.

            Ald. Michalski, seconded by Ald. Foeckler, moved to deny an Operator’s license to Brian William Memmel, 3888 S. Miner, Milwaukee (Southbound) for being a habitual offender.  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. Michalski, aye.

            Ald. Michalski, seconded by Ald. Foeckler, moved to grant an Amusement Operator and Amusement Devices license to Lakeside Music, LLC, Bruce C. Dentice, 930 Washington Rd., Kenosha.  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. Michalski, aye.

8.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10698-110806, APPROVING CSM FOR FR/CAL OAK CREEK, LLC (FIRST INDUSTRIAL REALTY) FOR PROPERTIES AT 7466 S. HOWELL AVE. AND 305 E. MAHN CT. (TIF DISTRICT NO. 4). 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10698-110806, approving a certified survey map for the FR/CAL OAK CREEK, LLC (First Industrial Realty) for the properties at 7466 S. Howell Ave. and 305 E. Mahn Ct. (TIF District No. 4).  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. Michalski, aye.

9.         COUNCIL DENIES REQUEST OF VILLAGE OF CALEDONIA SEWER UTILITY DISTRICT NO. 1 TO BORROW FROM CITY OF OAK CREEK 170,000 GALLONS PER DAY OF PEAK FLOW CAPACITY WHICH HAS BEEN ASSIGNED TO CITY OF OAK CREEK BY 2010 FACILITY PLAN PREPARED BY MMSD.

            After a discussion of the request of the Village of Caledonia Sewer Utility District No. 1 to borrow from the City of Oak Creek 170,000 gallons per day of peak flow capacity which has been assigned to the City of Oak Creek by the 2010 facility plan prepared by the Milwaukee Metropolitan Sewerage District (MMSD), Ald. Foeckler, seconded by Ald. Michalski, moved to deny the request.  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. Michalski, aye.

            Note:  Items 10 and 14 through 16 were taken as one motion.

10.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10697-110806, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NO. 04003.

            Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10697-110806, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project No. 04003 (installation of street improvements in Southbranch Industrial 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. Michalski, aye. 

11.       COUNCIL APPROVES INSTALLATION OF TEMPORARY THREE-WAY STOP SIGNS AT INTERSECTION OF S. 3RD ST. AND S. DONALD DR., FOR STUDY ENDING IN JULY 2007. 

            Ald. Toman, seconded by Ald. Grabowski, moved to concur with the recommendation of the Traffic & Safety Commission and approve the installation of temporary three-way stop signs at the intersection of S. 3rd St. and S. Donald Dr., for a study ending in July 2007.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, no.

12.       COUNCIL APPROVES REQUEST OF UPS TO ALLOW TEMPORARY STREET PARKING AT 6800 S. 6TH ST. FOR EXTRA TRUCKS REQUIRED BY UPS FOR HOLIDAYS FOR ONE-YEAR PERIOD.  PARKING SHALL BE LIMITED TO BOTH SIDES OF STREET FROM THEIR SOUTH PROPERTY LINE TO NORTH PROPERTY LINE, AND PARKING WILL NOT BE PERMITTED IN CUL DE SAC. 

            Ald. Kopplin, seconded by Ald. Foeckler, moved to approve the request of UPS to allow temporary street parking at 6800 S. 6th St. for the extra trucks required by UPS for the holidays for a one-year period.  The parking shall be limited to both sides of the street from their south property line to the north property line, and parking will not be permitted in the cul de sac.  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. Michalski, aye.

13.       PRESENTED AND ADOPTED: RESOLUTION NO. 10696-110806, APPROVING DEVELOPMENT AGREEMENT WITH MAYHEW DEVELOPMENT, LLC FOR INSTALLATION OF STORM WATER MANAGEMENT FACILITIES AND PUBLIC SANITARY SEWER FOR THEIR DEVELOPMENT AT 8870 S. MAYHEW DR. (PROJECT NO. 06071). 

            Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10696-110806, approving the development agreement with Mayhew Development, LLC for the installation of storm water management facilities and public sanitary sewer for their development at 8870 S. Mayhew Dr. (Project No. 06071).  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. Michalski, aye.

14.       COUNCIL AUTHOIRZES PAYMENT OF CONTRACTED INSPECTION AND SURVEY SERVICES INVOICE PAYMENTS FOR VARIOUS PROJECTS. 

            Ald. Michalski, seconded by Ald. Grabowski, moved to authorize payment of the contracted inspection and survey services invoice 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. Michalski, aye.

15.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR VARIOUS PROJECTS. 

            Ald. Michalski, 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. Michalski, aye.

16.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PAYMENTS FOR PROJECT NO. 06010 – DREXEL AVE. AND PROJECT NO. 06011 – INTERSECTION OF PUETZ RD. AND SHEPARD AVE. 

            Ald. Michalski, seconded by Ald. Grabowski, moved to authorize payment of the contract payments for Project No. 06010 – Drexel Ave. and Project No. 06011 – intersection of Puetz Rd. and 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. Michalski, aye.

17.       EXECUTIVE SESSION HELD.

            Ald. Foeckler, seconded by Ald. Michalski, moved to convene into Executive Session at 8:40 p.m. pursuant to Wisconsin State Statutes, to discuss the following:

  1. Section 19.85(1)(e) to discuss potential land acquisition in the vicinity of Oakwood Rd. and Howell Ave.;
  2. Section 19.85(1)(g) to discuss threatened litigation as a result of the Notice of Claim filed by Independence Corrugated on 8/29/06;
  3. Section 19.85(1)(c) to discuss the promotion of an employee to the vacant Emergency Services Dispatch Supervisor position, as well as the wages and benefits for this 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. Michalski, aye.

18-19.  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.

20.       DIRECTED HELD TO 12/5/06 COUNCIL MEETING:  AUDITOR RECOMMENDATIONS BASED ON AN INTERNAL CONTROL AUDIT OF TREASURER’S OFFICE CONDUCTED BY REILLY, PENNER AND BENTON, LLP.

            After a discussion of auditor recommendations based on an internal control audit of the Treasurer’s Office conducted by Reilly, Penner and Benton, LLP, this item was held to the 12/5/06 meeting for Council action.

            ADJOURNMENT.

Ald. Foeckler, seconded by Ald. Kopplin, moved to adjourn this meeting at 9:15 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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