PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

MONDAY, AUGUST 5, 2002, 6:30 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 6:30 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, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, Director of Public Works Wayne St. John, Assistant Fire Chief George Krudop, Director of Parks and Recreation Douglas Schachtner, and City Clerk Beverly Buretta.

Ald. Prochnow, seconded by Ald. Kopplin, moved to approve the minutes of the 7/16/02 and 7/24/02 meetings as published. All voted aye; motion carried.

A presentation of the 2001 Financial Statement was made by Mike Lake of Virchow-Krause & Company.

Ald. Kopplin, seconded by Ald. Lampe, moved to adopt Resolution No. 10140-080502, accepting the 2001 financial statement and auditors report as prepared and presented by Virchow, Krause & Company. 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 authorize an amendment to the current auditing services contract to engage Virchow, Krause & Company to provide GASB 34 Phase 1 planning and implementation assistance for a cost not to exceed $8,000.00. 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.

4. PUBLIC HEARING HELD TO CONSIDER REQUEST OF FAITH BAPTIST CHURCH TO REZONE PROPERTY AT 8519 S. 13^TH ST. FROM RS-3 SINGLE FAMILY RESIDENTIAL TO I-1 INSTITUTIONAL.

A public hearing was held to consider the request of Faith Baptist Church to rezone the property at 8519 S. 13^th St. from Rs-3 Single Family Residential to I-1 Institutional. A summary transcript is available in the City Clerk’s Office (see item 7 for action on this hearing).

5. PUBLIC HEARING HELD TO CONSIDER CHANGES TO OFFICIAL MAP IN SOUTHEAST ¼ OF SECTION 18 (FAITH BAPTIST CHURCH).

A public hearing was held to consider changes to the Official Map in the Southeast ¼ of Section 18 (Faith Baptist Church). A summary transcript is available in the City Clerk’s Office (see item 8 for action on this hearing).

A public hearing was held to consider the request of Al Downs for a conditional use permit for recreational vehicle service at 7571 S. Howell Ave. A summary transcript is available in the City Clerk’s Office (see item 9 for action on this hearing).

Note: Items 7 and 8 were taken as one motion.

Ald. Foeckler, seconded by Ald, Koehler, moved to adopt Ordinance No. 2206, approving the rezoning requested by the Faith Baptist Church for the property at 8519 S. 13^th St. from Rs-3 Single Family Residential to I-1 Institutional. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Foeckler, seconded by Ald. Koehler, moved to adopt Ordinance No. 2207, approving the Official Map amendment for the Southeast ¼ of Section 18 (Faith Baptist Church). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye.

Ald. Kopplin, seconded by Ald. Lampe, moved to hold Ordinance No. 2208, approving the conditional use permit for recreational vehicle service requested by Alan Downs for a portion of the property at 7571 S. Howell Ave. All voted aye; motion carried.

Ald. Lampe, seconded by Ald. Foeckler, moved to not take any of the following steps to implement the study of changing the mayoral position from part-time to full-time:

a. Authorize placement of an advisory referendum question on the 11/5/02 Fall General Election ballot;

b. Create an ad-hoc Full-Time Mayor Feasibility Study Committee to report back to the Council with a recommendation;

c. Concur with the appointments to the ad hoc Full-Time Mayor Feasibility Study Committee as listed on the attached council report.

On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, no; Ald. Prochnow, aye; and Ald. Koehler, no.

Ald. Kopplin, seconded by Ald. Lampe, moved to adopt 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. 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 15, minus 14, were taken as one motion.

Ald. Lampe, seconded by Ald. Koehler, moved to approve the Vendor Summary Report in the amount of $1,636,896.12. 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 Council Proclamation No. 02-13, gratitude to Frederick G. Burr for dedicated service to the City of Oak Creek as a member of the Community Development Authority. 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. Prochnow, moved to concur with the Mayor’s appointment of James Iwinski, 9676 S. Fox Run, to the Community Development Authority (CDA) to complete a term expiring 12/03. 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. Lampe, seconded by Ald. Koehler, moved to adopt Ordinance No. 2201, relating to the position of 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. Prochnow, seconded by Ald. Koehler, moved to take the following action:

Grant an Operator’s license to:

Crystal Divan, 9440 S. 31^st St., Franklin (Jim Dandy’s)

Cory Eberhardt, 8900 S. Wood Creek Dr. (Applebee’s)

Felicia Hines, 1745 S. 115^th Ct., #5, West Allis (Jazzbro’s)

Brenda Ledbetter, 2210 S. Winchester, Milwaukee (Butch’s)

LuAnn Hey, 3805 E. Garden Pl. (Southbound)

Kerry A. Ludwigson, 6636 Highway 31, Racine (Jim Dandy’s)

 

Grant the request for an amendment to the premises description on the Class B Combination license issued to Norine’s on Oakwood, Ltd., Norine Travis, Agent, 823 W. Oakwood Rd., for one day only, 9/28/02, to include the backyard area.

 

Approve additional salespeople for Wisconsin Seafood:

Michael T. Parkinson, 1214 Cardinal Ln., Green Bay

Lori A. Parkinson, 1214 Cardinal Ln., Green Bay

All voted aye; motion carried.

Ald. Bolender, seconded by Ald. Koehler, moved to adopt Ordinance No. 2209, relating to taxicabs and taxi drivers. 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 approve the planning and construction cost estimates proposed by Milwaukee County in an amount not to exceed $55,434.61 for work relating to the development of the bike trail segment described in Paragraph 1, Section A of the Memorandum of Understanding – Oak Leaf Bike Trail (from E. Manitoba Ave. to the existing trail segment near Marshall 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. Kopplin, moved to adopt Resolution No. 10143-080502, approving the final plat for the Farmington Hills subdivision at 2425 E. Forest Hill Ave. and 8420 S. Pennsylvania Ave. (the City will have a bond to guarantee the sidewalk if approval is received from the DNR to go through the wetlands). 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.

Note: Items 20 through 25, minus 23, were taken as one motion.

Ald. Lampe, seconded by Ald. Bolender, moved to award the landscape and buffer planting project in TIF District No. 6 (9905 S. 13^th St.) to the lowest responsive, responsible bidder, Hickory Landscaping, Inc., in the estimated amount of $70,597.00 (Project No. 00045). 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 authorize a payment of $9,789.79 to Milwaukee County for their work on the box culvert replacements on S. 13^th St. between Drexel Ave. and Rawson Ave. (Project No. 96006). 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 recommendation of the CIP Committee and authorize the addition of the western Oak Ln. cul-de-sac to the 2002 paving contract. 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 accept Milwaukee County’s proposal for design and build of the 13^th St. reconstruction from College Ave. to Rawson Ave., and the design and build of the rehabilitation of Rawson Ave. from Ash St. to 27^th St., and to agree with the County’s cost-sharing proposal of using Oak Creek’s Federal STP-Urban allocation exclusively for any Oak Creek local share. 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 authorize payment of the contract invoice payments for Project Nos. 97037, 01067 and 01054. 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 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. Bolender, seconded by Ald. Prochnow, moved to approve the appointment of the following residents of the adjacent subdivisions to the ad hoc Woodgate Development Committee: Stan Henkel, 8540 S. Cathlynn Ct.; Dennis Filkins, 3545 E. Oakshire Dr.; Terry Ann Peterson, 8590 S. Stonefield Dr.; Jack Bastian, 8600 S. Cathlynn Ct., and the president of the Oakshire Condominium Association or his delegate. In addition to the above residents, Mark Verhalen, 9349 S. Nicholson Rd., to serve as member at large, and Doug Seymour, Director of Community Development, to provide staff support (additional members on the committee, per Council action 7/16/02 are three representatives from Atlas Affordable Housing: Mike Lerner, Neil Rubnitz and Jack Collier, along with 4^th District Alderperson Richard Bolender). 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 convene into Executive Session at 9:30 p.m., pursuant to 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. Kopplin, seconded by Ald. Foeckler, moved to reconvene into Open Session at 10:10 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.

No action was taken on the item discussed in Executive Session.

ADJOURNMENT.

Ald. Kopplin, seconded by Ald. Foeckler, moved to adjourn this meeting at 10:10 p.m. All voted aye; motion carried.

ATTEST:

_____________________________     ________________________________

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