PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, JULY 2, 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. Bolender, Ald. Prochnow, and Ald. Koehler. Also present were: City Attorney Lawrence Haskin, Acting Director of Community Development Douglas Seymour, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, Director of Parks and Recreation Douglas Schachtner, Community Public Health Administrator Deborah Schier, and City Clerk Beverly Buretta. City Administrator Robert Kufrin was excused.

Ald. Prochnow, seconded by Ald. Koehler, moved to approve the minutes of the 6/18/02 meeting as published. All voted aye; motion carried.

A public hearing was held to consider the request of Bruce and Debra Cherek and Donald and Gina Brownell to amend the Official Map in the Northeast ¼ of Section 28. A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).

A public hearing was held to consider the request of Bruce Brossman to rezone the property at 1901 W. Drexel Ave. from A-1 Agricultural to Rs-2 Single Family Residential. A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).

Ald. Koehler, seconded by Ald. Lampe, moved to adopt Ordinance No. 2197, approving the Official Map amendment for the Northeast ¼ of Section 28 (Cherek/Brownell). 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.

4. PRESENTED AND ADOPTED: ORDINANCE NO. 2198, APPROVING REZONING REQUESTED BY BRUCE BROSSMAN FOR PORTION OF PROPERTY AT 1901 W. DREXEL AVE. FROM A-1 AGRICULTURAL TO RS-2 SINGLE FAMILY RESIDENTIAL .

Ald. Foeckler, seconded by Ald. Bolender, moved to adopt Ordinance No. 2198, approving the rezoning requested by Bruce Brossman for a portion of the property at 1901 W. Drexel Ave. from A-1 Agricultural to Rs-2 Single Family Residential. 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. 2196, to repeal and recreate section 11.23(c) of the Municipal Code regarding pyrotechnic displays. Motion, with second agreeing, was amended to add a provision that as a matter of policy, any fireworks display that would conform to the provisions of this ordinance between 7/2/02 and the date that the ordinance becomes effective would not be prohibited nor prosecuted. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Foeckler, seconded by Ald. Kopplin, moved to approve the Vendor Summary Report in the amount of $1,011,414.11. 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 7 through 10 were taken as one motion.

Ald. Kopplin, seconded by Ald. Lampe, moved to adopt Council Proclamation No. 02-12, appreciation to Barbara R. Davison for dedicated service to the City of Oak Creek as City Treasurer. 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 adopt Resolution No. 10133-070202, commendation to David A. Kloss, retiring Parks Maintenance Supervisor. 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 adopt Resolution No. 10134-070202, commendation to Patricia J. Boucher, retiring Clerk-Secretary. 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 adopt Resolution No. 10135-070202, commendation to Joyce E. Martinez, retiring 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.

11. LICENSE COMMITTEE.

Ald. Bolender, seconded by Ald. Prochnow, moved to take the following action:

Grant Operator’s licenses to:

Brian Michael Bzdawka, 3819 E. Allerton Ave., Cudahy (Applebee’s)

Bonita May Jackson, 10547 W. Arch Ave., Milwaukee (Sawmill)

Kelly Lynne Kaminski, 324 E. Susan Dr. (Pick n’Save)

Timothy Kovacic, 7962 S. Wildwood Dr., #7 (Jim Dandy’s)

Laurie Anna Milo, 7331 S. Logan Ave., Milwaukee (Victor’s)

Jason A. Tate, 3660 E. Barbara Ct., #5 (Classic Lanes)

 

Grant a renewal amusement device operator license to:

National Coin, 2740 S. 9^th Pl., Milwaukee

 

Grant a transient merchant license to:

Norma Amaya, 6001 Maywood, Houston, TX, selling educational books and software for The Southwestern Company

All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Kopplin, moved to approve the Fire Department’s plan to start a Boy Scouts of America Fire Explorers Post based at Fire Station No. 3. All voted aye; motion carried.

13. COUNCIL APPROVES BID OF $38,000.00 FROM GERBER LEISURE PRODUCTS FOR PURCHASE AND INSTALLATION OF PLAY STRUCTURES, EQUIPMENT, SWING STRUCTURE, BENCHES AND RESILIENT SURFACING FOR OAK PARK NEIGHBORHOOD PARK.

Ald. Lampe, seconded by Ald. Bolender, moved to concur with the recommendation of the Director of Parks and Recreation and approve the bid of $38,000.00 from Gerber Leisure Products for the purchase and installation of play structures, equipment, swing structure, benches and resilient surfacing for Oak Park Neighborhood Park. 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 award the project to construct a playground area, pathway, basketball court and hard surface play area at Oak Creek East Middle School, 9330 S. Shepard Ave., to the lowest responsive, responsible bidder, Payne & Dolan, Inc., in the amount of $98,970.50 (Project No. 02030). 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 15 through 21 were taken as one motion.

15. COUNCIL AUTHORIZES PAYMENTS TOTALING $38,491.38 TO WISCONSIN DOT FOR CONTRACT WORK ON VARIOUS PROJECTS AND AUTHORIZES TRANSFER OF $3,600.00 FROM PROJECT NO. 96030 TO PROJECT NO. 96029.

Ald. Lampe, seconded by Ald. Kopplin, moved to authorize payments totaling $38,491.38 to the Wisconsin Department of Transportation for contract work on various projects, and to authorize the transfer of $3,600.00 from Project No. 96030 to Project No. 96029. 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. 10131-070202, accepting the workmanship and authorizing final payment to Bluemel’s Maintenance Service, Inc., for Project Nos. 96010 and 97003 (installation of street trees in various locations citywide). 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. 10132-070202, accepting the workmanship and authorizing final payment to Cedar Creek Electric, Inc., for Project No. 01018 (installation of street lighting improvements in Quail Run subdivision). 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 progress payments for various projects. 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 progress payments for Project Nos. 99047 (Oak Creek Business and Commerce Parc – TIF District No. 4) and 00049 (Burkhard Court – TIF District No. 5). 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 to R. A. Smith & Associates in the amount of $2,848.74 for their work on various projects. 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.

21. PRESENTED AND ADOPTED: RESOLUTION NO. 10120-070202, APPROVING SANITARY SEWER CONNECTION AGREEMENT BETWEEN MICHAEL P. AND MERRY A. MORRISON AND CITY OF OAK CREEK FOR PARCEL 1, CSM NO. 7084, TAX KEY NO. 780-9004 (7840 S. CLEMENT AVE.).

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10120-070202, approving a sanitary sewer connection agreement between Michael P. and Merry A. Morrison and the City of Oak Creek, for Parcel 1, CSM No. 7084, Tax Key No. 780-9004 (7840 S. Clement 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. Lampe, seconded by Ald. Bolender, moved to concur with the Traffic & Safety Commission recommendations as follows:

a. Deny the request for a multi-way stop at Montana Ave. and Chapel Dr.

b. Deny the request for a multi-way stop at Montana Ave. and Crane Dr.

c. Deny the request for a traffic signal at the intersection of Pennsylvania Ave. and Montana Ave.

d. Deny the request for "no parking" signs on Spruce Ct. and Norwood Ct.

e. Request the state install a "no left" turn sign for traffic leaving the Oak Creek Properties II development (northeast corner of Howell Ave. and Drexel Ave.) attempting to go southbound on Howell Ave., and to hold further discussion on closing the median opening north of Drexel Ave. until potential development in the area becomes more definite.

f. Request the state adjust the signal timing at Howell Ave. and Drexel Ave. to allow more green time for left-turning vehicles.

All voted aye; motion carried.

Ald. Kopplin, seconded by Ald. Lampe, moved to convene into Executive Session at 8:00 p.m. pursuant to Wisconsin State Statutes, to discuss the following:

a. Section 19.85(1)(e) to review the counter-offer received from Dot Wright for the property the City is seeking to acquire at 10025 S. Shepard Ave.;

b. Section 19.85(1)(g) to discuss potential litigation relating to the A-C spur track cleanup agreement with the A-C Reorganization Trust.

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 reconvene into Open Session at 9:15 p.m. 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. Foeckler, moved to authorize execution of the acceptance of the counteroffer from Dot Wright. Motion, with second agreeing, was amended to include write-off of special assessments. 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. Koehler, seconded by Ald. Bolender, moved to take the following action relating to City’s CDBG funds: reallocate $88,180.02 from the City Hall elevator project to the AC spur track cleanup project; and for 2003, allocate $6,000 to Interfaith for the Elderly, $6,000 to the Salvation Army, $3,800 to Senior Citizens Services, $1,700 to the Community Center Elderly Drop-In, $32,700 to the AC spur track cleanup, and to divide the $6,788.14 in unexpended vaccination funds by allocating $5,000 to the AC spur track cleanup and the balance of $1,788.14 to be split equally between the Salvation Army and Interfaith for the Elderly. 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.

The letter from residents of S. 20^th St. and the surrounding area regarding violations of the noise ordinance from a motorcycle racetrack at 2415 W. Drexel Ave. was directed filed.

Ald. Koehler, seconded by Ald. Kopplin, moved to adjourn this meeting at 9:25 p.m. All voted aye; motion carried.

ATTEST:

_____________________________     ________________________________

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