PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MAY 21, 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 (arrived at 7:20 p.m.), Ald. Foeckler, Ald. Lampe, Ald. Bolender, Ald. Prochnow, and Ald. Koehler. Also present were: City Administrator Robert Kufrin, City Attorney Lawrence Haskin, Director of Community Development Paul Milewski, Director of Public Works Wayne St. John, Director of Parks and Recreation Douglas Schachtner, Fire Chief Gerard Hammernik, and City Clerk Beverly Buretta.

Ald. Prochnow, seconded by Ald. Lampe, moved to approve the minutes of the 5/7/02 meeting as published. All voted aye; motion carried.

A public hearing was held to consider the request of General Capital Group to rezone the property at 8537 S. Pennsylvania Ave. from I-1 Institutional to Rs-2 Single Family Residential. 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 Richard Konieczny to rezone the property at 2400 W. Grays Ln. from Rs-2 Single Family Residential to Rs-3 Single Family Residential. A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).

A public hearing was held to consider the request of Keane Kehoe for a conditional use permit for automotive and truck engine and body repair at 513 W. College Ave. A summary transcript is available in the City Clerk’s Office (see item 7 for action on this hearing).

A public hearing was held to consider the request of Ronald Kujawa, Kujawa Enterprises Inc. – KEI, to request that Section 11 of the adopted conditions and restrictions be revised to provide a six-month time extension in which to commence construction of the facility at 802, 822 and 834 E. Rawson Ave. and 1025 E. College Ave. A summary transcript is available in the City Clerk’s Office (see item 8 for action on this hearing).

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2186, approving a rezoning from I-1 Institutional to Rs-2 Single Family Residential for a portion of the property at 8537 S. Pennsylvania Ave. (General Capital Group). On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye. Ald. Kopplin was not present for the vote.

Ald. Koehler, seconded by Ald. Lampe, moved to not adopt (deny) Ordinance No. 2187, approving a rezoning from Rs-2 Single Family Residential to Rs-3 Single Family Residential for the property at 2400 W. Grays Ln. (Konieczny). On roll call, the vote was as follows: Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye. Ald. Kopplin was not present for the vote.

Ald. Kopplin, seconded by Ald. Koehler, moved to adopt Ordinance No. 2188, approving the conditional use permit for automotive and truck repair for the property at 513 W. College Ave. (Keane Kehoe). Motion, with second agreeing, was amended to remove auto body repair. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Kopplin, seconded by Ald. Lampe, moved to adopt Ordinance No. 2189, approving an amendment to the conditions and restrictions for the conditional use permit for a contractor’s shop with outdoor storage for the property at 802 E. Rawson Ave. to provide a six-month extension in which to commence construction of the facility (KEI Landscape Services). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

9. COUNCIL CONCURS WITH RECOMMENDATION OF PARKS AND RECREATION DEPARTMENT AND APPROVES BID OF $23,918.00 FROM GERBER LEISURE PRODUCTS, INC., FOR RELOCATION AND ENHANCEMENT OF OTJEN PARK PLAYGROUND EQUIPMENT.

Ald. Bolender, seconded by Ald. Koehler, moved to concur with the recommendation of the Parks and Recreation Department and approve the bid of $23,918.00 from Gerber Leisure Products, Inc., for relocation and enhancement of the Otjen Park playground equipment. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10113-050702, necessity for acquisition of lands for public street purposes, permanent easements for drainage purposes, temporary easements for grading purposes, and authorizing negotiation for such acquisition and condemnation, if necessary, for the S. Pennsylvania Ave. reconstruction project from Puetz Rd. to Ryan Rd. (Project Nos. 96028 and 99022). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10104-041602, as revised, a preliminary resolution declaring intent to exercise special assessment powers for Project No. 01102, sanitary sewer in S. Pennsylvania Ave. from a relocated point 660’ to 1160’± north of E. Ryan Rd., 2245’ to 2260’± north of E. Ryan Rd., and at 3255’± north of E. Ryan Rd., and to establish a new public hearing date for 6/18/02. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Note: Items 12 through 19 were taken as one motion.

Ald. Lampe, seconded by Ald. Foeckler, moved to approve the Vendor Summary Report in the amount of $591,371.26. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10122-052102, commendation to Wayne L. Lepak, retiring Fire Lieutenant. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to accept the annual report of the Oak Creek Fire Department for the year 2001. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to accept the bid of Community Newspapers to serve as the official City newspaper for the next 12 months. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to authorize the issuance of a Notice of Disallowance on the claims of Doris Rockett, Darnell Rockett and Jill Hershberger. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to concur with the Mayor’s appointment of Marie A. Myszkowski, 9800 S. Veronica Dr., to the Community Development Authority to complete a term expiring 12/04. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2190, repealing Section 2.77 of the Municipal Code relating to the Computer Steering Committee and renumbering Sections 2.78 and 2.79. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt the following Council Proclamations for members who served on the Computer Steering Committee:

02-6 to John Monahan

02-7 to Jeff Weyrum

02-8 to Randolph Vena

02-9 to Juliet Wielichowski

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

20. LICENSE COMMITTEE.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant an Operator’s license to Michael Dunham Clark, 2629 Fox River Parkway, Waukesha (Big Easy). All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant a renewal amusement device operator license to:

Marcus Cinemas of Wisconsin, LLC for South Shore Cinema, 7261 S. 13^th St.

Mitchell Novelty Co., 3506 W. National Ave.

All voted aye; motion carried.

Ald. Foeckler, seconded by Ald. Kopplin, moved to approve the recommendation of the Street Superintendent to purchase a regenerative air street sweeper from Industrial Marketing in the amount of $133,500.00, plus the purchase of an auxiliary vacuum hose for $1,050.00, for a total of $134,550.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

22. COUNCIL APPROVES PLANNING AND CONSTRUCTION COST ESTIMATES PROPOSED BY MILWAUKEE COUNTY IN AMOUNT NOT TO EXCEED $61,477.15 FOR WORK RELATING TO DEVELOPMENT OF BIKE TRAIL SEGMENT DESCRIBED IN PARAGRAPH 1, SECTION B OF MEMORANDUM OF UNDERSTANDING-OAK LEAF BIKE TRAIL.

Ald. Lampe, seconded by Ald. Foeckler, moved to approve the planning and construction cost estimates proposed by Milwaukee County in an amount not to exceed $61,477.15 for work relating to the development of the bike trail segment described in Paragraph 1, Section B of the Memorandum of Understanding-Oak Leaf Bike Trail. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Koehler, seconded by Ald. Lampe, moved to not adopt (deny) Resolution No. 10119-052102, approving the development agreement for the Willowbrook subdivision. Motion and second were withdrawn. Ald. Koehler, seconded by Ald. Lampe, moved to hold Resolution No. 10119-052102, and refer to staff to evaluate comments made at the informational meeting, a summary of the drainage concerns, the Finance Committee recommendations relating to the housing study, the suitability of basements, and the Engineering report. Motion, with second agreeing, was amended to remove the Finance Committee recommendations from the motion. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, no; and Ald, Koehler, aye.

Note: Items 24 through 27 were taken as one motion.

Ald. Lampe, seconded by Ald. Kopplin, moved to consider the proposal from the Milwaukee Metropolitan Sewerage District (MMSD) to take over the ownership of a parcel of land at 9865 S. Pennsylvania Ave. subject to a conservation easement. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10118-052102, approving the development agreement with Jac and Joan Cole for the property at 1518 and 1610 E. Puetz Rd. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10046-120401, approving the certified survey map submitted by Jac and Joan Cole for the properties at 1518 and 1610 E. Puetz Rd. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Kopplin, moved to authorize payment of the contract invoice payment for Project Nos. 01066, 97037, 01051 and 01053. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Kopplin, seconded by Ald. Lampe, moved to authorize payment of the contract progress payment for TIF Project Nos. 99047 and 00047 (Oak Creek Business and Commerce Parc, TIF District No. 3; and Creekside Corporate Park, TIF District No. 6). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Kopplin, seconded by Ald. Foeckler, moved to authorize payment of the contract progress payment for Project No. 01006 (police station). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Kopplin, seconded by Ald. Koehler, moved to award the 2002 annual asphalt paving project unit price contract to the lowest responsive, responsible bidder, Payne & Dolan, Inc., in the estimated amount of $493,045.13 (Project No. 00019, 00025, 02014-02022). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10121-052102, accepting a waiver of special assessment notices and hearings for water lateral installation, and levying special assessments against benefited properties (Project No. 00109). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Kopplin, moved to concur with the recommendations of the Traffic & Safety Commission as follows:

a. install flashing lights to enhance the school speed limit signs on Shepard Ave. at the East Middle School and to consider the $10,000 project cost in the 2003 budget.

b. deny the request to recommend the state designate Howell Ave. as a six-lane facility and to recommend the state install signs reading "No Thru Traffic in the Curb Lane", refresh the existing striping where necessary, and adjust the striping to accommodate longer turn lanes for the recently-constructed businesses.

c. install "No Parking" signs on the east sides of Birch Dr. and Oak St., adjacent to 2031 E. Birch Dr. and 2030 E. Oak St.

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

Ald. Prochnow, seconded by Ald. Kopplin, moved to enter into an agreement with the Town of Caledonia for the replacement of a concrete box culvert on E. County Line Rd. at S. 10^th Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Foeckler, seconded by Ald. Kopplin, moved to purchase the Trimble 5603 robotic survey equipment package for the Engineering Division in the amount of $28,985.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Prochnow, seconded by Ald. Kopplin, moved to convene into Executive Session at 10:50 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to discuss:

a. the sale of the property at 170 W. Drexel Ave. (Oak Creek Water and Sewer Utility Headquarters buildings) and an 11-acre parcel described as Outlot 2 of CSM 5810;

b. the changes in the contract with the International Association of Firefighters Local 1848 (1/1/01-12/31/03).

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

Ald. Prochnow, seconded by Ald. Bolender, moved to reconvene into Open Session at 11:14 p.m. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye. Ald. Foeckler was out of the room and did not vote.

Ald. Lampe, seconded by Ald. Kopplin, moved to make the contract changes to the International Association of Firefighters Local 1848 contract as recommended by the Personnel Committee. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye. Ald. Foeckler was out of the room and did not vote.

Resolution No. 10114-050702, authorizing the sale of the property at 170 W. Drexel Ave. (Oak Creek Water And Sewer Utility Headquarters buildings) and an 11-acre parcel described as Outlot 2 of CSM No. 5810 in the SE ¼ of Section 8, T5N, R22 East was directed held.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2191, relating to the position of Assistant Assessor. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Lampe, seconded by Ald. Foeckler, moved to reconsider action taken at the 5/7/02 Council meeting to deny adoption of Ordinance No. 2182 (both Alternate A and Alternate B), approving a revised general site development plan for the Creekside Corporate Park PUD (TIF District No. 6). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, no.

Ald. Foeckler, seconded by Ald. Lampe, moved to adopt Ordinance No. 2182, approving a revised general site development plan (incorporated by reference) for the Creekside Corporate Park PUD (TIF District No. 6), with the following conditions: widening the berm and increasing the amount of plantings thereon; moving the building 51 feet to the north; and lowering (sinking) the building to reduce the height of the building to a maximum of 34 feet. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, no; Ald. Prochnow, aye; and Ald. Koehler, no. The vote resulted in a tie. Mayor voted no; motion failed.

No action was necessary to consider an amendment to the development agreement dated 11/8/00 with DEMCO WISCONSIN 2, LLC.

ADJOURNMENT.

Ald. Prochnow, seconded by Ald. Bolender, moved to adjourn this meeting at 11:15 p.m. All voted aye; motion carried.

ATTEST:

_____________________________ ________________________________

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