PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

                                                MONDAY, AUGUST 4, 2003, 6:00 P.M.

CITY OF OAK CREEK

MILWAUKEE COUNTY

The meeting began with the Pledge of Allegiance being said by all present.

Mayor Bolender called the meeting to order at 6:00 p.m.  On roll call, the following aldermen were present:  Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Toman, Ald. Grabowski, and Ald. Koehler.  Also present were:  City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour (arrived at 6:50 p.m.), Director of Public Works Wayne St. John, Assistant Fire Chief Thomas Rosandich, Director of Parks, Recreation and Forestry Douglas Schachtner, Community Public Health Administrator Deborah Schier, and City Clerk Beverly Buretta.  City Administrator Robert Kufrin was excused. 

Ald. Kopplin, seconded by Ald. Foeckler, moved to approve the minutes of the 7/15/03 and 7/24/03 meetings as published. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

1. PUBLIC HEARING HELD TO CONSIDER REQUEST OF PARKSIDE LAND GROUP, LLC, TO REZONE PORTIONS OF PROPERTY AT 441 W. RYAN RD. FROM P-1 PARK TO B-4 HIGHWAY BUSINESS. 

A public hearing was held to consider the request of Parkside Land Group, LLC, to rezone portions of the property at 441 W. Ryan Rd. from P-1 Park to B-4 Highway Business.  A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).

2. PUBLIC HEARING HELD TO CONSIDER REQUEST OF DREXEL SELF STORAGE, INC., FOR CONDITIONAL USE PERMIT FOR SELF STORAGE FACILITIES FOR PROPERTY AT 500 W. DREXEL AVE.

   A public hearing was held to consider the request of Drexel Self Storage, Inc., for a conditional use permit for self storage facilities for the property at 500 W. Drexel Ave. A summary transcript is available in the City Clerk’s Office (see item 7 for action on this hearing).

3. PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY CITY OF OAK CREEK TO AMEND SECTION 17.0314 OF MUNICIPAL CODE TO LIST LICENSED MASSAGE THERAPY AS PERMITTED USE IN B-3 OFFICE AND PROFESSIONAL BUSINESS ZONING DISTRICT. 

A public hearing was held to consider a proposal by the City of Oak Creek to amend Section 17.0314 of the Municipal Code to list licensed massage therapy as a permitted use in the B-3 Office and Professional Business zoning district.  A summary transcript is available in the City Clerk’s Office (see item 8 for action on this hearing).

4. PUBLIC HEARING HELD TO CONSIDER REQUEST OF BARBARA AND TREVOR COX TO REZONE PORTIONS OF PROPERTIES AT 7840 AND 7860 S. CLEMENT AVE. FROM A-1 AGRICULTURAL TO RS-3 SINGLE FAMILY RESIDENTIAL AND FROM RS-3 SINGLE FAMILY RESIDENTIAL TO A-1 AGRICULTURAL.

A public hearing was held to consider the request of Barbara and Trevor Cox to rezone portions of the properties at 7840 and 7860 S. Clement Ave. from A-1 Agricultural to Rs-3 Single Family Residential and from Rs-3 Single Family Residential to A-1 Agricultural. A summary transcript is available in the City Clerk’s Office (see item 9 for action on this hearing).

5. PUBLIC HEARING HELD TO CONSIDER REQUEST OF RONALD KARFONTA TO REZONE PROPERTY AT 7420 S. 1^ST ST. FROM M-1 MANUFACTURING TO B-3 OFFICE AND PROFESSIONAL BUSINESS, WITH CONDITIONAL USE PERMIT FOR DAY CARE CENTER WITH OUTDOOR ACTIVITY AREA. 

A public hearing was held to consider the request of Ronald Karfonta to rezone the property at 7420 S. 1^st St. from M-1 Manufacturing to B-3 Office and Professional Business, with a conditional use permit for a day care center with an outdoor activity area.  A summary transcript is available in the City Clerk’s Office (see item 10 for action on this hearing).

6. PRESENTED AND ADOPTED WITH CONDITIONS:  ORDINANCE NO. 2259, REZONING PORTION OF PROPERTY AT 441 W. RYAN RD. FROM P-1 PARK TO B-4 HIGHWAY BUSINESS (PARKSIDE LAND GROUP, LLC).

Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Ordinance No. 2259, rezoning a portion of the property at 441 W. Ryan Rd. from P-1 Park to B-4 Highway Business (Parkside Land Group, LLC).  Motion, with second agreeing, was amended to adopt, with Ordinance No. 2259 to be effective upon the rezoning of approximately 11.05 acres owned by Parkside Land Group, LLC to P-1 Park and upon the exchange of lands between Milwaukee County and Parkside Land Group, LLC.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

7. PRESENTED AND ADOPTED AS REVISED:  ORDINANCE NO. 2260, AUTHORIZING ISSUANCE OF CONDITIONAL USE PERMIT FOR SELF SERVICE STORAGE FACILITY TO DREXEL SELF STORAGE, INC., FOR PROPERTY AT 500 W. DREXEL AVE.

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2260, authorizing the issuance of a conditional use permit for a self service storage facility to Drexel Self Storage, Inc., for the property at 500 W. Drexel Ave., as revised to limit hours of operation from 7:00 a.m. to 10:00 p.m.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, no.

8. PRESENTED AND ADOPTED:  ORDINANCE NO. 2261, CREATING SECTION 17.0314(A)(11) OF MUNICIPAL CODE TO ALLOW LICENSED MASSAGE THERAPY AND BODYWORK, AS CERTIFIED BY STATE, AS PERMITTED USE IN B-3 OFFICE AND PROFESSIONAL BUSINESS ZONING DISTRICT; CITY ATTORNEY DIRECTED TO PREPARE ORDINANCE TO VERIFY CERTIFICATION.

Ald. Kopplin, seconded by Ald. Koehler, moved to adopt Ordinance No. 2261, creating Section 17.0314(a)(11) of the Municipal Code to allow licensed massage therapy and bodywork, as certified by the state, as a permitted use in the B-3 Office and Professional Business zoning district.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.   Ald. Kopplin, seconded by Ald. Koehler, moved to refer to the City Attorney to draft an ordinance to verify certification.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

9. PRESENTED AND ADOPTED:  ORDINANCE NO. 2262, REZONING PORTIONS OF  PROPERTY AT 7840 S. CLEMENT AVE. FROM A-1 AGRICULTURAL TO RS-3 SINGLE FAMILY RESIDENTIAL, AS WELL AS PORTIONS OF PROPERTY AT 7860 S. CLEMENT AVE. FROM RS-3 SINGLE FAMILY RESIDENTIAL TO A-1 AGRICULTURAL (BARBARA AND TREVOR COX). 

Ald. Kopplin, seconded b Ald. Grabowski, moved to adopt Ordinance No. 2262, rezoning portions of the property at 7840 S. Clement Ave. from A-1 Agricultural to Rs-3 Single Family Residential, as well as portions of the property at 7860 S. Clement Ave. from Rs-3 Single Family Residential to A-1 Agricultural (Barbara and Trevor Cox).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

10. PRESENTED AND ADOPTED:  ORDINANCE NO. 2263, REZONING PROPERTY AT 7420 S. 1^ST ST. FROM M-1 MANUFACTURING TO B-3 OFFICE AND PROFESSIONAL BUSINESS, AND GRANTING CONDITIONAL USE PERMIT FOR DAY CARE CENTER WITH AN OUTDOOR ACTIVITY AREA. 

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2263, rezoning the property at 7420 S. 1^st St. from M-1 Manufacturing to B-3 Office and Professional Business, and granting a conditional use permit for a day care center with an outdoor activity area.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

11. PRESENTED AND ADOPTED:  RESOLUTION NO. 10255-070103, APPROVING CSM FOR PROPERTIES AT 975, 1001 AND 1035 E. RANDY RD. 

Ald. Grabowski, seconded by Ald. Koehler, moved to adopt Resolution No. 10255-070103, approving the certified survey map for the properties at 975, 1001 and 1035 E. Randy Rd.  (Pientka, Szczepanski, Georgetown Commons Addition No. 1 Homeowners Association).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

12. COUNCIL ACKNOWLEDGES ROSTER OF MEMBERS OF AD HOC VETERANS’ MEMORIAL COMMITTEE AND FILES ISSUE OF FUNDRAISING EXPENSES.

Ald. Lampe, seconded by Ald. Grabowski, moved to acknowledge the roster of members of the ad hoc Veterans’ Memorial Committee, and to file the issue of fundraising expenses.  All voted aye; motion carried.

13. COUNCIL DIRECTS CITY ATTORNEY AND CITY ADMINISTRATOR TO DRAFT RESOLUTION STATING CITY OF OAK CREEK’S POSITION REGARDING JOINT DISPATCH TO CITIES OF SOUTH MILWAUKEE AND CUDAHY.

Ald. Kopplin, seconded by Ald. Grabowski, moved to direct the City Attorney and City Administrator to draft a resolution for the next Council meeting stating the position of the City of Oak Creek relating to joint dispatch to the cities of South Milwaukee and Cudahy. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

14. INFORMATIONAL ONLY:  LABOR AGREEMENT BETWEEN CITY AND PROFESSIONAL CLERK-MATRON DISPATCHER ASSOCIATION FOR PERIOD 1/1/01-12/31/02. 

            The labor agreement between the City and the Professional Clerk-Matron Dispatcher Association for the period 1/1/01-12/31/02 was informational only.  The City won an arbitration case with this union and the decision of the arbitrator is final and does not require Council approval for implementation.

15. COUNCIL CONCURS WITH MAYOR’S APPOINTMENT OF PATRICIA TOMAN TO LIBRARY BOARD.

Ald. Kopplin, seconded by Ald. Lampe, moved to concur with the Mayor’s appointment of Patricia Toman, 3579 E. American Ave., to the Library Board for a three-year term expiring 6/06.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.  Ald. Toman abstained from voting.

16. COUNCIL APPROVES VENDOR SUMMARY REPORT MINUS PAYMENT TO PET SUPPLIES PLUS.

Ald. Lampe, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $996,701.92, minus the payment to Pet Supplies Plus in the amount of $516.63.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.


17. DIRECTED HELD:  ORDINANCE NO. 2264, ESTABLISHING A STREET DEPT. AND AN ENGINEERING DEPT.

            Ordinance No. 2264, establishing a Street Department and an Engineering Department was directed held.

18. COUNCIL TAKES ACTION RELATING TO STAFFING IN ASSESSOR’S OFFICE AND SERVICES PROVIDED BY CONTRACT ASSESSOR.

    Ald. Grabowski called for a division of the question.  Ald. Lampe, seconded by Ald. Kopplin, moved to:

    1. Determine that the full-time Deputy Assessor position should not be filled at this time, and reject all candidates for the position;
    2. Authorize execution of a change order to the current contract with Cole-Layer-Trumble (CLT) to provide additional annual services in lieu of placing a full-time Deputy Assessor.
       
       On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.
       
       Ald. Lampe, seconded by Ald. Foeckler, moved to:
    3. Authorize extension of the contract with Cole-Layer-Trumble (CLT) to provide assessment services for 2004-06, for a fixed fee cost of $81,000.00 per year;
    4. Authorize hiring of a permanent part-time clerical employee for the Assessor’s Office (for which funds were previously budgeted).
       
       On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Koehler, aye.
19. LICENSE COMMITTEE.

    Ald. Foeckler, seconded by Ald. Koehler, moved to grant Operator’s licenses to the following:

    •             Barbara Ann Oswald, 2422 Harrison Place, South Milwaukee (Legion)
    •             Amanda L. Terpeza, 3421 18^th Ave., South Milwaukee (Jazzbro’s)
    •             Yarisbeth Guevara, 2806 6^th Ave., South Milwaukee (Victor’s)
    •             Carol Lynn Asborn, 275 W. Sunnyview Dr., #204 (Classic Lanes)
    •             Timothy Charles Lindemann, 9715 S. Veronica Dr. (Cellar)
    •             Theresa Marie Milo, 7331 S. Logan Ave. (The Saloon)

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

20. COUNCIL APPROVES MEMORANDUM OF UNDERSTANDING FOR MILWAUKEE COUNTY/WAUKESHA COUNTY CONSORTIUM FOR EMERGENCY PUBLIC HEALTH PREPAREDNESS AND AUTHORIZES COMMUNITY PUBLIC HEALTH ADMINISTRATOR (CPHA) TO SIGN MEMORANDUM. 

Ald. Lampe, seconded by Ald. Kopplin, moved to approve the Memorandum of Understanding for the Milwaukee County/Waukesha County Consortium for Emergency Public Health Preparedness and authorizes the Community Public Health Administrator (CPHA) to sign the Memorandum.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

21. COUNCIL APPROVES RECOMMENDATION OF STREET SUPERINTENDENT TO PURCHASE SALT FROM IMC SALT COMPANY ROAD SALT FOR WINTER YEAR OF 2003-04 AT $27.49 PER TON. 

Ald. Kopplin, seconded by Ald. Koehler, moved to approve the recommendation of the Street Superintendent to purchase salt from IMC Salt Company, the low bidder for the state salt contract for road salt for the winter year of 2003-04 at $27.49 per ton.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

22. COUNCIL APPROVES RECONSTRUCTION OF SEGMENT OF OAK CREEK BIKE TRAIL ON SHEPARD AVE. BETWEEN STONEGATE DR. AND SOUTH ENTRANCE OF EAST MIDDLE SCHOOL AT COST OF $32,500.00. 

Ald. Lampe, seconded by Ald. Foeckler, moved to approve the reconstruction of the segment of the Oak Creek bike trail on Shepard Ave. between Stonegate Dr. and the south entrance of the East Middle School at a cost of $32,500.00.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Koehler, no.

23. PRESENTED AND ADOPTED:  RESOLUTION NO. 10263-080403, APPROVING STORM WATER DRAINAGE EASEMENT MAINTENANCE AGREEMENT WITH MARK T. AND KIMBERLY K. PIENTKA AND MICHAEL J. AND LAURA J. SZCZEPANSKI FOR PROPOSED PIENTKA, SZCZEPANSKI AND GEORGETOWN COMMONS ADDITION NO. 1 HOMEOWNERS ASSOCIATION CSM AT 975, 1001 AND 1005 E. RANDY RD. 

Ald. Grabowski, seconded by Ald. Lampe, moved to adopt Resolution No. 10263-080403, approving a storm water drainage easement maintenance agreement with Mark T. and Kimberly K. Pientka and Michael J. and Laura J. Szczepanski for the proposed Pientka, Szczepanski and Georgetown Commons Addition No. 1 Homeowners Association certified survey map at 975, 1001 and 1005 E. Randy Rd.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

24. COUNCIL AWARDS CHAPEL HILLS PARK RENOVATIONS PROJECT TO PAYNE & DOLAN, INC., IN ESTIMATED AMOUNT OF $97,968.67 (PROJECT NO. 03008). 

Ald. Kopplin, seconded by Ald. Lampe, moved to award the Chapel Hills Park Renovations project to the lowest responsive, responsible bidder, Payne & Dolan, Inc., in the estimated amount of $97,968.67 (Project No. 03008).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

25. PRESENTED AND ADOPTED:  RESOLUTION NO. 10261-080403, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO MAINLINE SEWER & WATER, INC., FOR PROJECT NO. 01102 (INSTALLATION OF SANITARY SEWER AND APPURTENANCES IN S. PENNSYLVANIA AVE.).

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10261-080403, accepting the workmanship and authorizing final payment to Mainline Sewer & Water, Inc., for Project No. 01102 (installation of sanitary sewer and appurtenances in S. Pennsylvania Ave.).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

26. PRESENTED AND ADOPTED AS REVISED:  RESOLUTION NO. 10262-080403, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH KAEREK BUILDERS FOR PROPOSED CLOVER RIDGE SUBDIVISION AT 8510 S. WYNONA DR.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10262-080403, approving a storm water management practices maintenance agreement with Kaerek Builders for the proposed Clover Ridge subdivision at 8510 S. Wynona Dr., as revised to include homeowners’ association language throughout the document.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

27. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR VARIOUS PROJECTS.

Ald. Kopplin, seconded b Ald. Koehler, 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. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

28. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS.

Ald. Lampe, seconded by Ald. Grabowski, moved to authorize payment of the invoice contract progress payment for Project Nos. 01071 and 00037.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

29. DIRECTED HELD:  AUTHORIZING MAYOR TO EXECUTE LOCAL/COUNTY AGREEMENT FOR PRELIMINARY ENGINEERING FOR RECONSTRUCTION OF E. COLLEGE AVE. FROM S. HOWELL AVE. TO S. PENNSYLVANIA AVE., AND AUTHORIZING TRANSFER OF $40,500.00 FROM UNSPECIFIED STREETS TO THIS PROJECT.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to hold authorizing the Mayor to execute a local/county agreement for preliminary engineering for the reconstruction of E. College Ave. from S. Howell Ave. to S. Pennsylvania Ave., and authorizing the transfer of $40,500.00 from Unspecified Streets to this project, and to request Milwaukee County Director of Public Works to guarantee STP funds for this project, with the understanding that if, at any point, STP funds are dropped, the City can withdraw from the project and be reimbursed for the design portion; along with an additional request to also pursue any grants under the Homeland Security Act.  Motion and second were withdrawn.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to hold, with directions to Milwaukee County to pursue STP funding and any potential grants under the Homeland Security Act.  Once committed, the City of Oak Creek will consider this issue.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

30. 30-32.  DIRECTED HELD:  EXECUTIVE SESSION TO DISCUSS POTENTIAL NEGOTIATION AND POTENTIAL LITIGATION WITH SUBURBAN DEVELOPMENT, INC. (WIMMER BROTHERS) RELATING TO SURFACE WATER DRAINAGE ISSUES IN OAKSHIRE SUBDIVISION.

            The Executive Session scheduled at the conclusion of the Common Council meeting, pursuant to Wisconsin State Statutes, to discuss the following, was directed held:

1. Section 19.85(1)(e)(g) to discuss potential negotiation and potential litigation with Suburban Development, Inc. (Wimmer Brothers) relating to surface water drainage issues in the Oakshire subdivision.

            ADJOURNMENT.

            Ald. Grabowski, seconded by Ald. Toman, moved to adjourn this meeting at 10:58 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________
            Beverly A. Buretta, CMC, City Clerk                     Richard R. Bolender, Mayor