PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MARCH 19, 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. Warner, Ald. Prochnow, and Ald. Rudebusch. Also present were: City Administrator Robert Kufrin, City Attorney Lawrence Haskin, Director of Community Development Paul Milewski, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, and City Clerk Beverly Buretta.

No public hearing was held to consider establishing a building permit moratorium for single-family housing, apartments and other dwelling units. See item 4 for action on this item.

2. PUBLIC HEARING HELD TO CONSIDER DISCONTINUING AND VACATING PORTION OF W. PUETZ RD. ROW ADJACENT TO WHITETAIL RIDGE SUBDIVISION.

A public hearing was held to consider discontinuing and vacating a portion of the W. Puetz Rd. right-of-way adjacent to the Whitetail Ridge subdivision. A summary transcript is available in the City Clerk’s Office (see item 5 for action on this hearing).

A public hearing was held to consider the request of Reinders, Inc., to amend the existing conditions and restrictions regulating their conditional use permit to allow an additional two years to begin construction, and an additional year after that to complete the project at 545 W. Ryan Rd. A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).

4. DIRECTED FILED: RESOLUTION NO. 10084-021802, AS REVISED, ESTABLISHING A BUILDING PERMIT MORATORIUM FOR SINGLE-FAMILY HOUSING, APARTMENTS AND OTHER DWELLING UNITS UNTIL THE ISSUE OF A LEVY LIMIT IMPOSED BY THE STATE IS ADDRESSED.

Ald. Prochnow, seconded by Ald. Warner, moved to file Resolution No. 10084-021802, as revised, establishing a building permit moratorium for single-family housing, apartments and other dwelling units until the issue of a levy limit imposed by the state is addressed. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye. Ald. Foeckler abstained from voting on this item.

Ald. Rudebusch, seconded by Ald. Prochnow, moved to adopt Resolution No. 10068-020502, vacating a portion of the W. Puetz Rd. right-of-way adjacent to the Whitetail Ridge subdivision. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

6. PRESENTED AND ADOPTED: ORDINANCE NO. 2174, APPROVING AMENDMENT TO CONDITIONS AND RESTRICTIONS FOR REINDERS, INC., AT 545 W. RYAN RD.

Ald. Prochnow, seconded by Ald. Warner, moved to adopt Ordinance No. 2174, approving the amendment to the conditions and restrictions associated with the conditional use permit authorized by the adoption of Ordinance No. 2093 for Reinders, Inc., at 545 W. Ryan Rd. Motion, with second agreeing, was amended to require that Reinders report their progress on the project to the Council on a semi-annual basis. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Lampe, seconded by Ald. Warner, moved to hold Ordinance No. 2090, as revised, approving the update to the City’s Comprehensive Plan and refer to staff the following for the clarification at the next Council meeting: Page 26 of the comprehensive plan - list the Mahn property as a higher priority rather than an alternative; re-institute the small-scale commercial development regarding Ryan and Howell on Page 30; add a statement to form an ad hoc group to study the possibility of a utility to compensate property owners for the water that is retained on Resource Protection properties; change Map 2 to reflect recent zoning changes; include the sentence regarding small-scale planned business in the 4^th bullet on Page 54; clarify Map 5 regarding Elm Rd. going from Howell Ave. to Chicago Rd.; re-map the County bikeway as it has changed; re-delineate Map 2 to distinguish the floodfringe and other restricted areas as developable within the City’s restrictions; and to re-map 13^th St. from Drexel Ave. to Rawson Ave. as residential. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, no. Ald. Foeckler requested that Norb Theine’s request on behalf of Apple Tower Development, Inc., be honored to adjust the comprehensive plan to reflect continuation of the zoning and official map plans that are currently in effect. Ald. Kopplin requested a change in wording on Page 42, second full paragraph - If any lands that were designated as a "Resource Protection Area" had been acquired by the City and then subsequently had such designation removed, such lands should be eligible to be purchased back from the City, if the owner or their heirs and assigns wanted the land, for the same price that was paid to the private owner for the acquisition originally. Any additional items that Council members would like incorporated in to the plan should be submitted to Paul Milewski no later than Tuesday, 3/26/02 for presentation at the 4/1/02 Council meeting.

Ald. Foeckler, seconded by Ald. Warner, moved to adopt Ordinance No. 2173, revision 2, approving the amendment to Section 17.1009(a)(21) of the Municipal Code dealing with minimum open space. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Kopplin, seconded by Ald. Rudebusch, moved to adopt Ordinance No. 2175, relating to approved sprinkler system requirements to repair garages. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, aye; Ald. Warner, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Note: Items 10 and 11 were taken as one motion.

Ald. Foeckler, seconded by Ald. Lampe, moved to adopt Council Proclamation No. 02-3, congratulations to Brendan P. Monahan for receiving the Eagle Scout Award. All voted aye; motion carried.

Ald. Foeckler, seconded by Ald. Lampe, moved to concur with the Mayor’s appointment of Robert Hofmann and Jeauan Hofmann, 437 W. Aspen Dr., #7, to the Environmental Advisory Committee (Robert to complete a two-year term expiring 4/03; and Jeauan for a two-year term to expire 4/04). All voted aye; motion carried.

Ald. Warner, seconded by Ald. Kopplin, moved to approve the Vendor Summary Report in the amount of $484,596.42. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Warner, seconded by Ald. Prochnow, moved to grant an Operator’s license to the following:

Carey Marie Krueger, 3828 Cypress Ln., Franklin (Applebee’s)

James William Oswald, 2422 Harrison Pl., South Milwaukee (Legion)

All voted aye; motion carried.

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

Ald. Warner, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10097-031902, approving the certified survey map submitted by Excel Developers, LLC and Robert and Rosemary Miller for the properties at 900, 917, 933 and 947 W. Violet Dr. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

15. PRESENTED AND ADOPTED: RESOLUTION NO. 10096-031902, ACCEPTING OFFER OF DEDICATION OF SOME STREET ROW LOCATED ADJACENT TO LANDS AT 200, 250 AND 300 E. FOREST HILL AVE., WITH CONDITION THAT CITY REIMBURSE CHRISTOPHER AND SUSAN SMITH $250.00 THAT WAS PAID TO RESUBMIT THEIR CSM.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10096-031902, accepting the offer of dedication of some street right-of-way located adjacent to lands at 200, 250 and 300 E. Forest Hill Ave., with the condition that the City reimburse Christopher and Susan Smith the amount of $250.00 that was paid to resubmit their certified survey map. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

16. COUNCIL APPROVES SUBORDINATION OF CITY’S HOME IMPROVEMENT LOAN WITH BARBARA BOOTH ON HER PROPERTY AT 2075 E. MONTANA AVE.

Ald. Warner, seconded by Ald. Rudebusch, moved to approve the subordination of the City’s home improvement loan with Barbara Booth on her property at 2075 E. Montana Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

17. PRESENTED AND ADOPTED: RESOLUTION NO. 10093-031902, AUTHORIZATION TO PROCEED WITH BIDS FOR INSTALLATION OF ASPHALT PATHWAY FROM S. PARKNOLL DR. TO N. ORCHARD VIEW LN. IN RIVERTON MEADOWS PARK (PROJECT NO. 02001); RECONSTRUCTION OF CAROLLTON PARK TENNIS COURTS (PROJECT NO. 02011); RELOCATION AND ENHANCEMENT OF OTJEN PARK PLAYGROUND EQUIPMENT (PROJECT NO. 00002); AND TO AUTHORIZE CITY CLERK TO TRANSFER APPROXIMATELY $24,500 FROM PROJECT NO. 99017 (OAK LEAF PARK) TO PROJECT NO. 00002 (WHEN PROJECT IS AWARDED).

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10093-031902, authorization to proceed with bids for the installation of an asphalt pathway from S. Parknoll Dr. to N. Orchard View Ln. in Riverton Meadows Park (Project No. 02001); reconstruction of the Carollton Park tennis courts (Project No. 02011); relocation and enhancement of the Otjen Park playground equipment (Project No. 00002); and to authorize the City Clerk to transfer approximately $24,500 from Project No. 99017 (Oak Leaf Park) to Project No. 00002 (when the project is awarded). All voted aye; motion carried.

Note: Item 18 through 21 were taken as one motion.

Ald. Rudebusch, seconded by Ald. Lampe, moved to adopt Resolution No. 10094-031902, accepting the 2001 Annual Report for Oak Creek’s WPDES Storm Water (NR 216) permit. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Rudebusch, seconded by Ald. Lampe, moved to adopt Resolution No. 10095-031902, accepting the workmanship and authorizing final payment to Milwaukee General Construction Company, Inc., for Project No. 99018 (installation of sidewalk and pavement repairs in various locations). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Rudebusch, seconded by Ald. Lampe, moved to authorize payment of the contract progress payment for Project No. 00109. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

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

Ald. Warner, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10098-031902, authorizing the borrowing of $10,900,000; providing for the issuance and sale of general obligation refunding bonds therefor; and levying a tax in connection therewith. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

No Executive Session was held at the conclusion of the Common Council meeting pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to discuss the paramedic contract between the City of Oak Creek and Milwaukee County.

ADJOURNMENT.

Ald. Lampe, seconded by Ald. Prochnow, moved to adjourn this meeting at 8:50 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: