PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MARCH 6, 2007, 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, City Planner Jeff Fortin, City Engineer Wayne St. John, Design Engineer Matthew Sullivan, Civil Engineer Brian Johnston, Fire Chief Brian Satula, Police Chief Thomas Bauer, Director of Parks, Recreation and Forestry Douglas Schachtner, City Forester Rebecca Lane (arrived at 7:25 p.m.), Street Superintendent David Laehn, Information Technology Manager Caesar Geiger (arrived at 7:40 p.m.), Assistant City Attorney Melissa Karls (arrived at 7:40 p.m.), and Deputy City Clerk Pam Bauer.

Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the minutes of the 2/6/07, 2/12/07, 2/15/07 and 2/19/07 meetings as published. All voted aye; motion carried.

1.         PUBLIC HEARING HELD TO CONSIDER PROPOSED SPECIAL ASSESSMENTS FOR ROAD RECONSTRUCTION OF W. MARQUETTE AVE., S. 1ST ST., AND S. 10TH ST. IN ACCORDANCE WITH RESOLUTION NO. 10730-020607 (PROJECT NO. 05036) (NORTHBRANCH INDUSTRIAL PARK). 

            A public hearing was held to consider proposed special assessments for road reconstruction of W. Marquette Ave., S. 1st St., and S. 10th St. in accordance with Resolution No. 10730-020607 (Project No. 05036) (Northbranch Industrial Park).  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 THOMAS AND KAREN JUNGCK TO REZONE PORTIONS OF PROPERTIES AT 10625 AND 10590 S. EMERALD MEADOWS DR. AND 3600R, 3660R, AND 3620R E. ELM RD. FROM FF FLOOD FRINGE TO RS-2 SINGLE FAMILY RESIDENTIAL AND FROM RS-2 SINGLE FAMILY RESIDENTIAL TO FF FLOOD FRINGE. 

            A public hearing was held to consider a proposal by Thomas and Karen Jungck to rezone portions of the properties at 10625 and 10590 S. Emerald Meadows Dr. and 3600R, 3660R, and 3620R E. Elm Rd. from FF Flood Fringe to Rs-2 Single Family Residential and from Rs-2 Single Family Residential to FF Flood Fringe.  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 SIX-MONTH MORATORIUM ON ELECTRONIC MESSAGEBOARD AND CHANGEABLE COPY SIGNS WHILE CITY IS REVISING EXISTING SIGN ORDINANCE.

            A public hearing was held to consider a six-month moratorium on electronic messageboard and changeable copy signs while the City is revising the existing sign ordinance.  A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).

4.         PRESENTED AND ADOPTED AS REVISED TO REFLECT 5, 10 OR 15 ANNUAL INSTALLMENTS:  RESOLUTION NO. 10740-030607, FINAL RESOLUTION AUTHORIZING ROAD RECONSTRUCTION, APPROVING PRELIMINARY PLANS, AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES IN NORTHBRANCH INDUSTRIAL PARK (PROJECT NO. 05036).

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10740-030607, a final resolution authorizing road reconstruction, approving preliminary plans, and levying special assessments against benefited properties in Northbranch Industrial Park (Project No. 05036), as revised to reflect 5, 10 or 15 annual installments.  On roll call, the vote was as follows:  Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

5.         PRESENTED AND ADOPTED AS AMENDED:  ORDINANCE NO. 2448, REZONING PORTIONS OF PROPERTIES AT 10625 AND 10590 S. EMERALD MEADOWS DR., AND 3600R, 3660R AND 3620R E. ELM RD., TO REFLECT NEW FF FLOOD FRINGE OVERLAY DISTRICT BOUNDARIES.

            Ald. Grabowski, seconded by Ald. Toman, moved to adopt Ordinance No. 2448, as amended, rezoning portions of the properties at 10625 and 10590 S. Emerald Meadows Dr., and 3600R, 3660R and 3620R E. Elm Rd., to reflect the new FF Flood Fringe Overlay District boundaries.  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.         PRESENTED AND ADOPTED AS AMENDED:  ORDINANCE NO. 2449, IMPOSING SIX-MONTH MORATORIUM ON ELECTRONIC MESSAGEBOARD AND CHANGEABLE COPY SIGNS THROUGHOUT CITY OF OAK CREEK.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2449, imposing a six-month moratorium on electronic messageboard and changeable copy signs throughout the City of Oak Creek, with the addition in Section 5 that the moratorium shall expire upon the earlier of six months or the passage of a permanent electronic messageboard ordinance; and in Section 2 limiting the special exception process to the Plan Commission.  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.         COUNCIL AUTHORIZES MAYOR AND CITY CLERK TO ENTER INTO LEASE AGREEMENT WITH T-MOBILE CENTRAL LLC FOR CONSTRUCTION OF 9’X13’ COMMUNICATIONS EQUIPMENT SHELTER AT 200 E. PUETZ RD. (FIRE STATION NO. 1) ON A 20’X40’ EASEMENT WITH VEHICULAR/UTILITY ACCESS AND PLACEMENT OF COMMUNICATION ANTENNAS ON EXISTING 125’ CELL TOWER.

            Ald. Lampe, seconded by Ald. Foeckler, moved to authorize the Mayor and City Clerk to enter into a lease agreement with T-Mobile Central LLC for the construction of a 9’x13’ communications equipment shelter at 200 E. Puetz Rd. (Fire Station No. 1) on a 20’x40’ easement with vehicular/utility access and the placement of communication antennas on the existing 125’ cell tower.  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.         DIRECTED HELD:  COUNCIL ACTION TO AUTHORIZE EXTENSION OF CONTRACT WITH RMT, INC., FOR CONSULTING SERVICES RELATED TO WE ENERGIES’ ELM ROAD GENERATING STATION PROJECT, FOR 2007-09 FOR AMOUNT NOT TO EXCEED $75,000.00.

            Council action to authorize an extension of the contract with RMT, Inc., for consulting services related to the WE Energies’ Elm Road Generating Station Project, for 2007-09 for an amount not to exceed $75,000.00, was directed held.  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 DIRECTS CITY ATTORNEY TO PREPARE ORDINANCE TO IMPOSE ADDITIONAL RESTRICTIONS ON PLACEMENT OF SEX OFFENDERS IN CITY AND TO REFER ORDINANCE TO PLAN COMMISSION FOR REVIEW AND RECOMMENDATION. 

            Ald. Grabowski, seconded by Ald. Foeckler, moved to direct the City Attorney to prepare an ordinance to impose additional restrictions on the placement of sex offenders in the City of Oak Creek and to refer said ordinance to the Plan Commission for review and recommendation.  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.

10.       VENDOR SUMMARY REPORT APPROVED.

            Ald. Kopplin, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $439,037.12.  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.       LICENSE COMMITTEE.

            Ald. Grabowski, seconded by Ald. Michalski, moved to:

            Grant an Operator’s license to Lana Weber, 9198 S. Nicholson Rd. (Applebee’s), with issuance subject to the condition that her outstanding fines will be paid no later than 3/20/07;

            Grant an Operator’s license to:

            Grant a Wholesale Beer license to:

            Grant a renewal kennel license to:

            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.

12.       COUNCIL APPROVES PURCHASE OF KNOX KEY SECURE MASTER KEY RETENTION SYSTEM AND SOFTWARE FOR ALL FIRE DEPARTMENT EMERGENCY VEHICLES, AT TOTAL COST OF $9,487.00. 

            Ald. Kopplin, seconded by Ald. Michalski, moved to approve the purchase of the Knox Key Secure Master Key Retention System and software for all Fire Department emergency vehicles, at a total cost of $9,487.00.  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. Michalski, aye.

13.       COUNCIL APPROVES PURCHASE OF ONE 2007 4X2 DRW CREW CAB PICKUP TRUCK FROM HOLZ MOTORS, INC., IN AMOUNT OF $23,596.00. 

            Ald. Michalski, seconded by Ald. Foeckler, moved to approve the recommendation of the Street Superintendent to purchase one 2007 4x2 DRW crew cab pickup truck from Holz Motors, Inc., in the amount of $23,596.00.  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. Michalski, aye.

14.       COUNCIL APPROVES PURCHASE OF ONE 2007 5-YARD DUMP TRUCK, WITH PLOW EQUIPMENT AND SPREADER, FROM LAKESIDE INTERNATIONAL, IN AMOUNT OF $101,281.00. 

            Ald. Michalski, seconded by Ald. Kopplin, moved to approve the recommendation of the Street Superintendent to purchase one 2007 5-yard dump truck, complete with plow equipment and spreader, from the low bidder, Lakeside International, in the amount of $101,281.00.  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. Michalski, aye.

15.       DIRECTED HELD:  RESOLUTION NO. 10741-030607, APPROVING FINAL PLAT FOR EMERALD MEADOWS ADDITION NO. 2 SUBDIVISION.

            Resolution No. 10741-030607, approving the final plat for the Emerald Meadows Addition No. 2 subdivision was directed held for an outstanding lien filed by Payne & Dolan. 

16.       PRESENTED AND ADOPTED WITH CONDITIONS:  RESOLUTION NO. 10742-030607, CONDITIONALLY APPROVING CSM FOR PROPERTIES AT 8825 S. HOWELL AVE. AND 155 W. SUNNYVIEW DR. (THE CORNERSTONE OF OAK CREEK, LLC AND THE GATHERING PARTNERS, LLC).

            Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10742-030607, conditionally approving a certified survey map for properties at 8825 S. Howell Ave. and 155 W. Sunnyview Dr. (The Cornerstone of Oak Creek, LLC and The Gathering Partners, LLC), with a completion date of 8/31/07.  Motion, with second agreeing, was amended to approve Resolution No. 10742-030607, with the condition that the City and property owner enter into an agreement, with the completion date changed in that agreement to 8/31/07 (the certified survey map and agreement  will be recorded at the same time).  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.       COUNCIL AWARDS 2007 STREET AND PARK TREE PURCHASE BID TO SEVERAL VENDORS IN TOTAL AMOUNT OF $37,864.00.

            Ald. Lampe, seconded by Ald. Grabowski, moved to award the 2007 street and park tree purchase bid (Project No. 07014) to the following nurseries:  Breezy Hill Nursery ($2,195.00); Green Acres Nursery ($5,282.00); Johnson’s Nursery ($11,243.00); Minor’s Nursery ($3,015.00); Silver Creek Nursery ($6,154.00); and Tillman Nursery ($8,950.00), for a total of $37,864.00 (including delivery, where applicable).  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.       COUNCIL AUTHORIZES EXECUTION OF CONTRACTUAL AGREEMENT WITH GERBER LEISURE PRODUCTS TO FURNISH AND INSTALL ADDITIONAL PLAY UNITS IN PLAY STRUCTURES AT RIVERTON MEADOWS NEIGHBORHOOD PARK AT ESTIMATED COST OF $16,495.00. 

            Ald. Lampe, seconded by Ald. Grabowski, moved to authorize the execution of a contractual agreement with Gerber Leisure Products to furnish and install additional play units in the play structures at the Riverton Meadows Neighborhood Park at an estimated cost of $16,495.00.  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. Michalski, aye.

19.       COUNCIL APPROVES PURCHASE OF ONE 2007 JOHN DEERE (MODEL 997) COMMERCIAL MOWER FROM HIGHWAY “C” SERVICE IN AMOUNT OF $12,189.00. 

            Ald. Michalski, seconded by Ald. Grabowski, moved to concur with the recommendation of the Director of Parks, Recreation and Forestry and approve the purchase of one 2007 John Deere (Model 997) commercial mower from Highway “C” Service in the amount of $12,189.00.  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. Michalski, aye.

20.       COUNCIL APPROVES ENTERING INTO CONTRACT AGREEMENT WITH ARCHITECTURAL WORKSHOP, LLC FOR DESIGN AND CONSTRUCTION SERVICES FOR HENRY MILLER PARK PAVILION ACCESSIBILITY AND ENHANCEMENT PROJECT FOR SERVICES FEE NOT TO EXCEED $15,900.00, PLUS $1,600.00 OF ESTIMATED REIMBURSABLE EXPENSES. 

            Ald. Lampe, seconded by Ald. Grabowski, moved to enter into a contract agreement with The Architectural Workshop, LLC for the design and construction services for Henry Miller Park Pavilion accessibility and enhancement project for a services fee not to exceed $15,900.00, plus $1,600.00 of estimated reimbursable expenses.  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.

21.       COUNCIL AWARDS RIVERTON MEADOWS PARK TENNIS COURT PROJECT TO PAYNE & DOLAN, INC., AT ESTIMATED COST OF $41,660.00 (PROJECT NO. 07003). 

            Ald. Lampe, seconded by Ald. Grabowski, moved to award the Riverton Meadows Park Tennis Court project to the lowest responsive, responsible bidder, Payne & Dolan, Inc., at an estimated cost of $41,660.00 (Project No. 07003).  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.

22.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10739-030607, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH COUNTRY CREEK HOMES FOR PROPOSED MALLARD CREEK SUBDIVISION, PHASE II. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10739-030607, approving a storm water management practices maintenance agreement with Country Creek Homes for the proposed Mallard Creek subdivision, Phase II.  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.

23.       COUNCIL APPROVES POLICE DEPARTMENT’S CHANGE IN PRACTICES FOR MONITORING FALSE ALARMS AND WAIVES COSTS TO GEORGIE PORGIE’S RESTAURANT FOR SERIES OF FALSE ALARMS. 

            Ald. Grabowski, seconded by Ald. Lampe, moved to approve the Police Department’s change in practices for monitoring false alarms and to waive the costs to Georgie Porgie’s Restaurant for a series of false alarms.  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.

            ADJOURNMENT.

            Ald. Grabowski, seconded by Ald. Michalski, moved to adjourn this meeting at 9:05 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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