PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, JULY 16, 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 Administrator Robert Kufrin, Acting Director of Community Development Douglas Seymour, Fire Chief Gerard Hammernik, Director of Public Works Wayne St. John, Building Commissioner Art Biesek, Utility Manager Steven Yttri, Assistant Utility Manager Dan Duchniak, Street Superintendent William Schaper, Director of Parks and Recreation Douglas Schachtner, and Deputy City Clerk Pam Bauer. City Attorney Lawrence Haskin was excused.

Ald. Kopplin, seconded by Ald. Foeckler, moved to approve the minutes of the 7/2/02 meeting as published. All voted aye; motion carried.

A public hearing was held to consider the request of Edgerton Contractors, Inc., for a conditional use permit for a concrete batch plant at 6466 S. 13^th St., in an M-1 Manufacturing District. A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

Ald. Koehler, seconded by Ald. Bolender, moved to hold Ordinance No. 2200, approving the conditional use permit requested by Edgerton Contractors, Inc., for the property at 6466 S. 13^th St., and to refer the matter to the Plan Commission for preparation of conditions and restrictions. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, no; Ald. Bolender, aye; Ald. Prochnow, no and Ald. Koehler, aye. The vote resulted in a tie. The Mayor voted no; motion failed. Ald. Foeckler, seconded by Ald. Lampe, moved to deny (not adopt) Ordinance No. 2200. 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. The Mayor voted aye; motion carried.

The council discussed a letter dated 7/9/02 from Attorney Bradley I. Dallet, Whyte Hirschboeck Dudek, S.C., regarding Atlas Affordable Housing and zoning issues relating to the Woodgate Development on Oakshire Dr., and the formation of an ad hoc committee to discuss a development plan for this property. The consensus of the Common Council was to bring this item back to the Common Council at their 8/5/02 (Monday) meeting with a list of committee members consisting of three representatives from Atlas Affordable Housing (Mike Lerner, Neil Rubnitz and Jack Collier), Ald. Bolender representing the 4^th District, Director of Community Development Douglas Seymour (acting as liaison), two residents each from the Oakshire, Normandy Estates and Lake Forest neighborhoods, and one member at-large.

Ald. Lampe, seconded by Ald. Kopplin, moved to approve the Vendor Summary Report in the amount of $274,221.33. 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. Prochnow, moved to concur with the recommendation of the Street Superintendent to remove fuel storage tanks at the City Hall and Police Department and replace them with aboveground diesel tanks at both locations for use in generators, and to award the bid to Petroleum Equipment in the amount of $6,715.00 per tank, plus $1,760.00 per tank for fencing. 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.

In response to the request of the Citizens for Home and Landowner Rights to address the Council regarding the creation of a full-time mayor position, Ald. Lampe, seconded by Ald. Bolender, moved to direct the City Clerk’s Office generate an agenda item for the next meeting (8/5/02) creating such a task force and requesting that each council member forward the names of two residents within their district to serve on the task force. All voted aye; motion carried.

Ald. Bolender, seconded by Ald. Kopplin, moved to take the following actions:

Grant an Operator’s license to:

Todd A. Melcher, 6940 S. Timber Ridge Ln. (Applebee’s)

 

Grant an original Class B Combination license, with issuance subject to obtaining an occupancy permit and attendance at responsible beverage class:

Dorothy J. Bourdo, Four Seasons Family Restaurant, 6874 S. 13^th St. (formerly Rodrigo Fajardo, doing business as Four Seasons Family Restaurant)

 

Grant a Temporary Class B Beer license with a waiver of fees:

Oak Creek Lions Festival, 8/30-9/2/02 at American Legion Post 434 grounds, 9327 S. Shepard Ave.

Oak Creek OJ’s, 8/3-4/02 at 530 E. Shepard Hills Dr.

All voted aye; motion carried.

Resolution No. 10136-071602, approving the Land Lease Agreement between Milwaukee County and the City of Oak Creek regarding property in the 1900 block of E. Rawson Ave. was directed held.

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

Ald. Kopplin, seconded by Ald. Bolender, moved to adopt Resolution No. 10137-071602, approving the certified survey map submitted by Frank and Mary Look for the properties at 7321 and 7331 S. Pennsylvania 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. Kopplin, seconded by Ald. Bolender, moved to adopt Resolution No. 10139-071602, approving an agreement with Frank and Mary Look relative to responsibility for removal of a structure in the right-of-way of S. Pennsylvania 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. Kopplin, seconded by Ald. Bolender, moved to adopt Resolution No. 10138-071602, approving the certified survey map submitted by Clete Long, Dennis Schmidt, Ellis Schmidt and Jannis Schmidt for the properties at 10611 and 10651 S. Nicholson 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.

Note: Items 12 through 14 were taken as one motion.

Ald. Kopplin, seconded by Ald. Koehler, moved to award the project to install street lighting in Mahn Court to the lowest responsive, responsible bidder, Pace Innovative Construction LLC, in the estimated amount of $22,957.50 (Project No. 99048) (TIF District No. 4). 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 authorize a payment of $10,080.56 to Milwaukee County for their work on the Emergency Vehicle Preemption project at 6^th St. and Rawson Ave. (also known as the Opticom Project) (Project No. 00015). 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 project to install drainage improvements along E. Puetz Rd. to the lowest, responsive, responsible bidder, United Sewer & Water, Inc., in the estimated amount of $151,045.00 (Project No. 00038). 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. Bolender, moved to convene into Executive Session at 8:47 p.m. pursuant to Wisconsin State Statutes, Section 19.85(1)(c)(e) to discuss:

a. 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. Promotion and salary for Street Division Supervisor

c. Promotion of Director of Community Development

d. Performance evaluation for the City Administrator

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.

15. COUNCIL RECONVENES INTO OPEN SESSION.

Ald. Lampe, seconded by Ald. Kopplin, moved to reconvene into Open Session at 10:00 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. Lampe, seconded by Ald. Kopplin, moved to extend the time of the seller’s contingency for termination until 8/20/02 regarding the sale of the Oak Creek Water and Sewer Utility property to allow the parties to discuss revised financial terms. 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. Prochnow, moved to concur with the Mayor’s appointment of Douglas Seymour as the Director of Community Development (to be compensated at the current position salary of $63,773.00). 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. Lampe, seconded by Ald. Koehler, moved to adopt Ordinance No. 2202 relating to the salary for the Street Division 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. Lampe, seconded by Ald. Prochnow, moved to adopt Ordinance No. 2203, relating to the salary and benefits for the City Administrator. 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. Koehler, moved to adopt Ordinance No. 2199, establishing a wage rate for the City Treasurer (temporary). 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. Prochnow, moved to adopt Ordinance No. 2204, approving the contract with Local 133 for the period 2002-2003. 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. Koehler, moved to adopt Ordinance No. 2205, creating an Inspection Department. 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 adjourn this meeting at 10:17 p.m. All voted aye; motion carried.

ATTEST:

_____________________________     ________________________________

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