PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MARCH 5, 2002, 7:00 P.M.

 

 

CITY OF OAK CREEK

MILWAUKEE COUNTY

 

 

The meeting began with the Pledge of Allegiance being said by all present.

 

Mayor Richards 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. Prochnow, and Ald. Rudebusch. Ald. Warner was excused. Also present were: City Attorney Lawrence Haskin, Director of Community Development Paul Milewski, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, Community Public Health Administrator Deborah Schier, and City Clerk Beverly Buretta. City Administrator Robert Kufrin was excused.

 

Ald. Prochnow, seconded by Ald. Rudebusch, moved to approve the minutes of the 2/18/02 meeting as published. All voted aye; motion carried.

 

1. PUBLIC HEARING HELD TO CONSIDER CHANGES TO SECTION 17.1009(A)(21) OF MUNICIPAL CODE REVISING MINIMUM OPEN SPACE REQUIREMENT FOR NON-RESIDENTIAL DEVELOPMENT.

 

A public hearing was held to consider changes to Section 17.1009(a)(21) of the Oak Creek Municipal Code that would revise the minimum open space requirement for non-residential development. A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

 

2. DIRECTED HELD: ORDINANCE NO. 2173, APPROVING AMENDMENT TO SECTION 17.1009(A)(21) OF MUNICIPAL CODE DEALING WITH MINIMUM OPEN SPACE.

 

Ordinance No. 2173, approving the amendment to Section 17.1009(a)(21) of the Municipal Code dealing with minimum open space was directed held to the 3/19/02 meeting.

 

3. FIRE DEPT. STAFF DIRECTED TO PREPARE ORDINANCE FOR 3/19/02 COUNCIL MEETING TO CHANGE FIRE CODE RELATING TO SPRINKLER REQUIREMENTS.

 

Ald. Kopplin, seconded by Ald. Lampe, moved to direct Fire Department staff to prepare an ordinance for the 3/19/02 Council meeting to change to the fire code relating to sprinkler requirements. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

4. PRESENTED AND ADOPTED: RESOLUTION NO. 10092-030502, APPRECIATION TO MICHAEL L. WILLAN, RETIRING POLICE OFFICER.

 

Ald. Prochnow, seconded by Ald. Kopplin, moved to adopt Resolution No. 10092-030502, appreciation to Michael L. Willan, retiring Police Officer. All voted aye; motion carried.

 

 

5. VENDOR SUMMARY REPORT APPROVED.

 

Ald. Kopplin, seconded by Ald. Prochnow, moved to approve the Vendor Summary Report in the amount of $475,186.36. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

6. COUNCIL REVIEWS "COMPARING MUNICIPAL EXPENDITURES", A COMPARISON OF PER CAPITA EXPENDITURES (AS SELF-REPORTED FOR 2000) FOR MUNICIPALITIES WITH POPULATIONS OVER 15,000, AS PREPARED BY WISCONSIN TAXPAYERS ALLIANCE; NO ACTION REQUIRED.

 

The Council reviewed "Comparing Municipal Expenditures", a comparison of per capita expenditures (as self-reported for 2000) for municipalities with populations over 15,000, as prepared by the Wisconsin Taxpayers Alliance. No action was required.

 

7. LICENSE COMMITTEE.

 

Ald. Rudebusch, seconded by Ald. Prochnow, moved to approve Douglas Russell Becks, 484 Bader St., Green Bay, as an additional salesperson for Wisconsin Seafood. All voted aye; motion carried.

 

Ald. Rudebusch, seconded by Ald. Prochnow, moved to approve the following additional salespeople for Schwan’s Frozen Foods:

Bill McCone, 37 Sunrise Ct., Fond du Lac

Jay R. Hamersmeier, S77W18549 Janesville Rd., Muskego

Andrew D. Joachim-Karch, 420 3-Mile Road, #5B, Racine

All voted aye; motion carried.

 

8. PRESENTED AND ADOPTED WITH CONDITIONS: RESOLUTION NO. 10087-030502, APPROVING CSM SUBMITTED BY DENNIS SCHMIDT, ELLIS SCHMIDT AND JANNIS SCHMIDT FOR PROPERTY AT 1301 E. OAKWOOD RD.

 

Ald. Prochnow, seconded by Ald. Foeckler, moved to adopt Resolution No. 10087-030502, approving the certified survey map submitted by Dennis Schmidt, Ellis Schmidt and Jannis Schmidt for the property at 1301 E. Oakwood Rd., with the condition that it not be recorded until a grading plan is approved. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

Note: Items 9 through 11 were taken as one motion.

 

9. PRESENTED AND ADOPTED: RESOLUTION NO. 10088-030502, APPROVING FINAL PLAT FOR GEORGETOWN COMMONS WEST SUBDIVISION.

 

Ald. Lampe, seconded by Ald. Prochnow, moved to adopt Resolution No. 10088-030502, approving the final plat for Georgetown Commons West subdivision. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

10. PRESENTED AND ADOPTED WITH CONDITIONS: RESOLUTION NO. 10089-030502, APPROVING CSM SUBMITTED BY MICHAEL ALLARD.

 

Ald. Lampe, seconded by Ald. Prochnow, moved to adopt Resolution No. 10089-030502, approving the certified survey map submitted by Michael Allard, with the condition that a grading plan be approved prior to recording of the map. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

11. PRESENTED AND ADOPTED: RESOLUTION NO. 10090-030502, APPROVING CSM SUBMITTED BY CHRISTOPHER AND SUSAN SMITH, MICHAEL AND JACALYN URBANIAK AND MARK AND LINDA BEAUMONT, AND LOCATED AT 250 E. FOREST HILL AVE.

 

Ald. Lampe, seconded by Ald. Prochnow, moved to adopt Resolution No. 10090-030502, approving the certified survey map submitted by Christopher and Susan Smith, Michael and Jacalyn Urbaniak and Mark and Linda Beaumont, and located at 250 E. Forest Hill Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

12. PRESENTED AND ADOPTED WITH CONDITIONS: RESOLUTION NO. 10091-030502, APPROVING CSM SUBMITTED BY WALTER AND DOLORES LESCH FOR PROPERTY AT 8909 S. 13TH ST.

 

Ald. Rudebusch, seconded by Ald. Prochnow, moved to adopt Resolution No. 10091-030502, approving the certified survey map submitted by Walter and Dolores Lesch for the property at 8909 S. 13th St., with the condition that a grading plan be approved prior to recording of the map. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

13. COUNCIL AUTHORIZES DIRECTOR OF PUBLIC WORKS TO ENTER INTO CONTRACT WITH HEY AND ASSOCIATES TO ASSIST CITY IN TRIBUTARY FLOODPLAIN APPROVAL PROCESS WITH WISCONSIN DNR.

 

Ald. Kopplin, seconded by Ald. Rudebusch, moved to authorize the Director of Public Works to enter into a contract with Hey and Associates to assist the City in the tributary floodplain approval process with the Wisconsin Department of Natural Resources. On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye. Ald. Kopplin abstained from voting.

 

Items 14 through 20 were taken as one motion.

 

14. COUNCIL AUTHORIZES PAYMENT OF $2,613.50 TO LAND ACQUISITIONS, INC., FOR THEIR WORK ON REAL ESTATE ACQUISITIONS FOR PENNSYLVANIA AVE. RECONSTRUCTION PROJECT (PROJECT NO. 99022).

 

Ald. Rudebusch, seconded by Ald. Lampe, moved to authorize a payment of $2,613.50 to Land Acquisitions, Inc., for their work on the real estate acquisitions for the Pennsylvania Ave. reconstruction project (Project No. 99022). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

15. COUNCIL AUTHORIZES PAYMENT TO R. A. SMITH & ASSOCIATES IN AMOUNT OF $5,583.38 FOR THEIR WORK ON C1 TRIBUTARY DRAINAGE IMPROVEMENTS PROJECT (PROJECT NO. 00037); S. 15TH AVE. DRAINAGE IMPROVEMENTS PROJECT (PROJECT NO. 01023); AND N4 TRIBUTARY DRAINAGE IMPROVEMENT PROJECT (PROJECT NO. 01024).

 

Ald. Rudebusch, seconded by Ald. Lampe, moved to authorize payment to R. A. Smith & Associates in the amount of $5,583.38 for their work on the C1 Tributary drainage improvements project (Project No. 00037); the S. 15th Ave. drainage improvements project (Project No. 01023); and the N4 Tributary drainage improvement project (Project No. 01024). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

16. COUNCIL AUTHORIZES PAYMENT OF THE CONTRACT PROGRESS PAYMENTS FOR PROJECT NO. 01022.

 

Ald. Rudebusch, seconded by Ald. Lampe, moved to authorize payment of the contract progress payments for Project No. 01022. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

17. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENT FOR PROJECT NOS. 99046 AND 99047 (TIF DISTRICT NO. 4 – OAK CREEK BUSINESS & COMMERCE PARC).

 

Ald. Rudebusch, seconded by Ald. Lampe, moved to authorize payment of the contract progress payment for Project Nos. 99046 and 99047 (TIF District No. 4 – Oak Creek Business & Commerce Parc). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

18. COUNCIL AUTHORIZES PAYMENT OF CONTRACT INVOICE PAYMENTS FOR PROJECT NOS. 97037, 99051, 00047 AND 01067.

 

Ald. Rudebusch, seconded by Ald. Lampe, moved to authorize payment of the contract invoice payments for Project Nos. 97037, 99051, 00047 and 01067. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

19. PRESENTED AND ADOPTED: RESOLUTION NO. 10086-030502, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NOS. 00003, 00007, 01010 AND 01011.

 

Ald. Rudebusch, seconded by Ald. Lampe, moved to adopt Resolution No. 10086-030502, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project Nos. 00003, 00007, 01010 and 01011 (installation of street improvements in E. Jewell St., S. Quincy Ave., St. Taylor Ave., E. Missouri Ave., S. 20th St., E. Marquette Ave. and W. Weatherly Dr.). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

20. COUNCIL AUTHORIZES DIRECTOR OF PUBLIC WORKS TO EXECUTE COST-SHARING AGREEMENT WITH MILWAUKEE COUNTY FOR REPLACEMENT OF BOX CULVERTS ON 13TH ST. BETWEEN RAWSON AVE. AND DREXEL AVE. (PROJECT NO. 96006).

 

Ald. Rudebusch, seconded by Ald. Lampe, moved to authorize the Director of Public Works to execute a cost-sharing agreement with Milwaukee County for the replacement of box culverts on 13th St. between Rawson Ave. and Drexel Ave. (Project No. 96006). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

21. EXECUTIVE SESSION HELD.

 

Ald. Foeckler, seconded by Ald. Lampe, moved to convene into Executive Session at 8:23 p.m. pursuant to Wisconsin State Statutes to discuss the following:

 

a. Section 19.85(1)(e) to discuss negotiation for the acquisition of the property at 10025 S. Shepard Ave. to construct a detention basin to alleviate flooding in the Shepard Hills subdivision (Project No. 00037).

On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

22. COUNCIL RECONVENES INTO OPEN SESSION.

 

Ald. Foeckler, seconded by Ald. Kopplin, moved to reconvene into Open Session at 8:45 p.m. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

23. PRESENTED AND ADOPTED: RESOLUTION NO. 10085-030502, AUTHORIZING NEGOTIATION FOR ACQUISITION OF PROPERTY AT 10025 S. SHEPARD AVE. TO CONSTRUCT DETENTION BASIN TO ALLEVIATE FLOODING IN SHEPARD HILLS SUBDIVISION (PROJECT NO. 00037).

 

Ald. Prochnow, seconded by Ald. Foeckler, moved to adopt Resolution No. 10085-030502, authorizing the negotiation for the acquisition of the property at 10025 S. Shepard Ave. to construct a detention basin to alleviate flooding in the Shepard Hills subdivision (Project No. 00037). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

ADJOURNMENT.

 

Ald. Kopplin, seconded by Ald. Lampe, moved to adjourn this meeting at 8:46 p.m. All voted aye; motion carried.

 

ATTEST:

 

 

 

_____________________________     ________________________________

Beverly A. Buretta, CMC, City Clerk         Dale J. Richards, Mayor

 

 

 

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Informational: Purchasing items held from previous meetings:

 

2002 Ford Super Duty Crew Cab in the amount of $30,444 for the Fire Department from Ewald Automotive Group (held 2/5/02)

 

Cross March I.D. 1000 10-Print Live Scan Fingerprint System for the Police Department for a total cost of $40,885 (held 2/5/02)

 

One tandem axle dump truck with plow, wings and spreader from Truck Country in the amount of $89,890.00 for the Street Department (held 2/18/02).