PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, AUGUST 20, 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, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, and Deputy City Clerk Pam Bauer.

Ald. Prochnow, seconded by Ald. Kopplin, moved to approve the minutes of the 8/5/02 meeting as published. All voted aye; motion carried.

1. PUBLIC HEARING HELD TO CONSIDER REQUEST OF AL DOWNS TO REZONE PART OF PROPERTY AT 7571 S. HOWELL AVE. FROM B-4 HIGHWAY BUSINESS TO M-1 MANUFACTURING, AND FOR CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE.

A public hearing was held to consider the request of Al Downs to rezone part of the property at 7571 S. Howell Ave. from B-4 Highway Business to M-1 Manufacturing, and for a conditional use permit for outdoor storage. 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 Grand Cru Development, LLC to rezone the property at 1910 W. Puetz Rd. from Rm-1 Multifamily Residential to Rm-1 Planned Unit Development (PUD). 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 proposed rezoning of the properties at 4301 E. Depot Rd., 9060, 9100 and 9180 S. 5^th Ave. from M-1 Manufacturing to A-1 Agricultural as initiated by the City of Oak Creek. 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 a proposal to repeal Section 17.0316 and to repeal and recreate Section 17.0317(a) of the Oak Creek Municipal Code regarding adult entertainment businesses. A summary transcript is available in the City Clerk’s Office (see item 9 for action on this hearing).

Note: Items 5 and 6 were taken as one motion.

Ald. Kopplin, seconded by Ald. Prochnow, moved to adopt Ordinance No. 2210, approving the rezoning of a portion of the property at 7571 S. Howell Ave. from B-4 Highway Business to M-1 Manufacturing, and authorizing the issuance of a conditional use permit for outdoor storage (Al Downs). 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. 2208, approving the conditional use permit for recreational vehicle service requested by Al Downs for a portion of the property at 7571 S. Howell 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 adopt Ordinance No. 2211, approving a rezoning of the property at 1910 W. Puetz Rd. from Rm-1 Multifamily Residential and Rd-1 Two-Family Residential to Rm-1 PUD (Planned Unit Development) (Grand Cru Development). 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. Bolender, moved to adopt Ordinance No. 2212, rezoning the properties at 4301 E. Depot Dr., 9060, 9100 and 9180 S. 5^th Ave. from M-1 Manufacturing to A-1 Agricultural. 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, no.

Ald. Foeckler, seconded by Ald. Koehler, moved to adopt Ordinance No. 2185, repealing Section 17.0316 and repealing and recreating Section 17.0317(a) of the Municipal Code regarding adult entertainment businesses. 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 abstained from voting on this item. Staff will meet with Dr. Brown and his representatives, or any other interested parties, to discuss strengthening and possibly amending the ordinance.

Ald. Foeckler, seconded by Ald. Koehler, moved to adopt Ordinance No. 2184, creating Section 7.203 of the Municipal Code regarding adult entertainment. 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 presentation by the City Forester on City Forestry and the Oak Creek Urban Forest was held to the 9/3/02 meeting.

After discussion to consider the following adjustments to Common Council meeting agendas, the Common Council came to the following consensus:

a. Change starting time for regular Common Council meetings to 6:00 p.m. – an ordinance will be brought back to the next meeting to recommend a change in the start time to 6:00 p.m.

b. Hold aldermanic committee meetings immediately prior to or after regular Council meetings, when appropriate – certain committee meetings are currently being held when appropriate; no change was recommended.

c. Schedule one Council meeting per month for the months of June, July and August – no change was recommended from the current 1^st and 3^rd Tuesdays of each month.

d. Limit the number of agenda items to twenty-five (25) per meeting – there will be no limit placed on the number of agenda items per meeting.

e. Limit the number of scheduled public hearings to two (2) per meeting – there will be no limit placed on the number of scheduled public hearings per meeting.

Note: Items 13 through 26, minus 15, were taken as one motion.

Ald. Lampe, seconded by Ald. Foeckler, moved to deny the request of Iris Olavarria, 3651 E. Barbara Ct., #7, for reimbursement for repairs for damage to her door in the approximate amount of $1,037.00. 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. Foeckler, moved to designate Sunday, October 27, 2002, from 4:00 p.m. to 7:00 p.m. as the official "Trick or Treat" hours for the City of Oak Creek for the year 2002. 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 Mayor’s appointment of James P. Ruetz, 8950 S. Parkside Dr., to the Community Development Authority (CDA) for a one-year term to expire 12/03. 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. Lampe, seconded by Ald. Foeckler, moved to approve the Vendor Summary Report in the amount of $1,051,026.94. 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.

17. LICENSE COMMITTEE.

Ald. Lampe, seconded by Ald. Foeckler, moved to take the following action:

Grant an Operator’s license to:

Gregory J. Jedrzejewski, 806 Carrington Ave., South Milwaukee (Applebee’s)

Joel R. Prusinski, 2932 W. Minnesota Ave., Franklin (Jazzbro’s)

 

Grant a transient merchant license to:

Raymond Wilkes, 2114 W. Layton Ave., Milwaukee, representing Farmer’s Pride, selling frozen meats

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. 10141-082002, approving the development agreement with Richard Konieczny for the properties at 2400 and 2440 W. Grays Ln. 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. 10142-082002, approving the certified survey map submitted by Shirley Swendrowski and Susan Yahnke for the properties at 2400 and 2440 W. Grays Ln. 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. 10144-082002, approving the certified survey map submitted by Jason and Jennifer Flaherty for the property at 3399R E. Woodview Ave. (9415 S. Kinney Ln.). 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. 10145-082002, approving the certified survey map submitted by Thomas Jungck for the properties at 2028 W. Oakwood Rd. and 10205 S. Judith Pl. 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 payment of the contract invoice payments for Project Nos. 99047, 97037, 02022 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. Foeckler, moved to authorize payment of the contract progress payments for Project Nos. 01006 and 97037. 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 replace box culverts on County Line Rd. and 10^th Ave. to the lowest responsive, responsible bidder, Willkomm Excavation & Grading, Inc., in the estimated amount of $114,820.80 (Project Nos. 98036/00024). 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 re-roof the salt shed at the Street Division to the lowest responsive, responsible bidder, Robert’s Roofing, in the estimated amount of $17,000.05 (Project No. 02031). 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 a payment of $2,148.25 to Milwaukee County for their work on the 10^th St. and Rawson Ave. traffic signal in conjunction with the 10^th St. reconstruction project (Project No. 97037). 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 following issues were discussed by the Common Council at the request of Rosemarie Annonson, 3920 E. Ryan Rd.

No Executive Session was necessary to discuss 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.

32. PRESENTED AND ADOPTED: RESOLUTION NO. 10146-082002, APPROVING SECOND AMENDMENT TO CONTRACT OF SALE FOR PROPERTY AT 170 W. DREXEL AVE.

Ald. Koehler, seconded by Ald. Prochnow, moved to adopt Resolution No. 10146-082002, approving the second amendment to the contract of sale for the property at 170 W. Drexel Ave. Motion, with second agreeing, was amended to include the first amendment which extends the deadline to 8/20/02. 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. Lampe, moved to reconsider action taken at the 08/05/02 Council meeting to adopt Ordinance No. 2206, approving a rezoning for property at 8519 South 13^th Street from Rs-3 Single Family Residential to I-1 Institutional (Faith Baptist Church). 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 34 and 36 were taken as one motion.

Ald. Foeckler, seconded by Ald. Bolender, moved to hold Ordinance No. 2206, approving a rezoning for property at 8519 South 13^th Street from Rs-3 Single Family Residential to I-1 Institutional (Faith Baptist Church) to the next Council meeting and that notice be provided to property owners on 13^th St. between Puetz and College. 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 reconsider action taken at the 08/05/02 Council meeting to adopt Ordinance No. 2207, approving Official Map amendment for Southeast ¼ of Section 18 (Faith Baptist Church). 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. Bolender, moved to hold Ordinance No. 2207, approving Official Map amendment for Southeast ¼ of Section 18 (Faith Baptist Church) to the next Council meeting and that notice be provided to property owners on 13^th St. between Puetz and College. 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.

ADJOURNMENT.

Ald. Foeckler, seconded by Ald. Koehler, moved to adjourn this meeting at 11:45 p.m. All voted aye; motion carried.

ATTEST:

_____________________________     ________________________________

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