PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

THURSDAY, JANUARY 3, 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. Warner, Ald. Prochnow, and Ald. Rudebusch. Also present were: City Administrator Robert Kufrin, City Attorney Lawrence Haskin, Director of Community Development Paul Milewski, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, Police Chief Thomas Bauer, Police Captain William Wilson, Police Lieutenant George Artka, and Deputy City Clerk Pam Bauer.

Ald. Prochnow, seconded by Ald. Warner, moved to approve the minutes of the 12/4/01 and 12/10/01 meetings as published. All voted aye; motion carried.

A public hearing was held to consider the request of Heartland Development Group, Ltd. to rezone the property at 8666 S. 27^th St. from B-4 Highway Business to Rm-1 PUD (Multifamily Planned Unit Development). A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

Ald. Foeckler moved to adopt Ordinance No. 2171, approving the rezoning for a portion of the property at 8666 S. 27^th St. from B-4 Highway Business to Rm-1 PUD Multifamily Residential Planned Unit Development (Heartland Development Group), with instructions to staff to prepare conditions and restrictions and redirect to Plan Commission. Motion was withdrawn. Ald. Foeckler, seconded by Ald. Kopplin, moved to refer this item back to Plan Commission for preparation of conditions and restrictions. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Warner, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

3. PRESENTED AND ADOPTED AS REVISED: RESOLUTION NO. 10052-121801, ACKNOWLEDGING AND FILING 2002 CALENDAR YEAR SALARY GRADE PLAN FOR LIBRARY PERSONNEL.

Ald. Rudebusch, seconded by Ald. Warner, moved to adopt Resolution No. 10052-121801, as revised, acknowledging and filing the 2002 calendar year salary grade plan for library personnel. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Warner, seconded by Ald. Prochnow, moved to accept the recommendation of the Street Superintendent to extend the City’s current agreement with Waste Management an additional two years for bi-weekly recycling collection. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

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

5. PRESENTED AND ADOPTED: RESOLUTION NO. 10057-010302, COMMENDATION TO CHARLES D. LIEBL, RETIRING FIRE COMMANDER.

Ald. Warner, seconded by Ald. Prochnow, moved to adopt Resolution No. 10057-010302, commendation to Charles D. Liebl, retiring Fire Commander. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Warner, seconded by Ald. Prochnow, moved to adopt Resolution No. 10054-010302, a resolution authorizing execution of First Amendment Bond Agreement relating to Industrial Development Revenue Bonds Series 1998 (AAA Sales & Engineering, Inc./Emjay Project), amending provisions relating to the maturity schedule on the bonds and the completion date. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Lampe asked for a division of the question to take item (a) separately and to ask that item (d) be held. The following action was taken relating to the police station:

a. Ald. Warner, seconded by Ald. Prochnow, moved to award the construction contract to J. P. Cullen in the amount of $7,835,373.00. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

b. Ald. Warner moved to adopt Resolution No. 10055-010302, authorizing the City Administrator to obtain permanent financing for the police station for a period of ten years. Motion failed for lack of a second. Ald. Warner, seconded by Ald. Foeckler, moved to adopt Resolution No. 10055, authorizing the City Administrator to obtain permanent financing for the police station for a period of 15 years. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

c. Ald. Warner, seconded by Ald. Foeckler, moved to authorize the City Administrator to act as project manager and to spend up to the contingency for necessary modifications for the building of the police station, to report back to the Common Council on a monthly basis. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

d. Council approval to authorize the City Accountant to waive the special assessments levied against Milwaukee County for their portion of the road was directed held and referred to staff.

e. Ald. Warner, seconded by Ald. Foeckler, moved to approve modifying the contract with Zimmerman Design Group to reflect the addition of $22,900.00 to handle the telecommunications design consistent with earlier quotes. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

No action was required after a brief discussion of the 11/26/01 letter from Moody’s Investors Service regarding the City’s bond rating.

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10056-010302, authorizing the City Administrator to implement the unfunded pension plan financing, as presented, and to pay in full the City’s unfunded actuarial accrued liability to the state with currently available funds in the CIP Fund 40. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Warner, seconded by Ald. Prochnow, moved to grant an Operator’s license to Ankica Zaja, 8801A W. Adler St., Milwaukee (Sawmill). All voted aye; motion carried.

Ald. Warner, seconded by Ald. Prochnow, moved to grant a renewal transient merchant license to Schwan’s Enterprises, Inc., 9740 S. 58^th St., Franklin, selling frozen food products. All voted aye; motion carried.

After discussion and public comment, the consensus of the Common Council was to consider a revised approach to the identification of natural resource areas in the Comprehensive Plan Update from Priority 1 and 2 Green Corridor to Resource Protection Areas, with staff making changes to the maps and text. This item will then be brought back to the Council for adoption after an appropriate public hearing.

Note: Items 12 through 15 were taken as one motion.

Ald. Foeckler, seconded by Ald. Warner, moved to approve the recommendation of the Street Superintendent and Side Loader Operators to purchase three (3) 2002 Freightliner chassis with three (3) Labrie 33 cu. yd. bodies with automated cart lifter, from Truck Country of Oak Creek, in the amount of $399,675.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Warner, moved to concur with the recommendation of the Street Superintendent and approve the low bid from Bark River Culverts for corrugated metal pipe for the year 2002. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Warner, moved to approve the purchase of four (4) Zoll M-Series semi-automatic external defibrillator (AED) monitors and related equipment from Zoll Medical Corporation for a total price of $25,657.60. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

15. COUNCIL APPROVES PURCHASE OF FIVE 2002 FORD CROWN VICTORIA POLICE VEHICLES AND ONE 2002 FOUR-WHEEL DRIVE CHEVROLET TAHOE FROM THE STATE OF WISCONSIN V.A.L.U.E. PROGRAM LOW BIDDER, EWALD AUTOMOTIVE GROUP, IN AMOUNT OF $126,403.00.

Ald. Foeckler, seconded by Ald. Warner, moved to approve the purchase of five (5) 2002 Ford Crown Victoria police vehicles and one (1) 2002 four-wheel drive Chevrolet Tahoe from the State of Wisconsin V.A.L.U.E. program low bidder, Ewald Automotive Group, in the amount of $126,403.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Note: Items 16 through 23 were taken as one motion.

Ald. Prochnow, seconded by Ald. Warner, moved to adopt Resolution No. 10053-010302, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project Nos. 00004, 00005, 00006, 00030, 00031 and 00032. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Prochnow, seconded by Ald. Warner, moved to authorize payment to Hey & Associates in the amount of $660.00 for their work on floodway delineation on tributary streams (Project No. 95025). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Prochnow, seconded by Ald. Warner, moved to authorize payment of the contract progress payment for Project No. 99047 (Oak Creek Commerce & Industrial Parc - TIF District No. 4). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Prochnow, seconded by Ald. Warner, moved to authorize payment of the contract progress payments for Project Nos. 97037, 00001, 00108, 01010, 01022, 01028, 01034 (payment held 12/18/01), and 01100. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Prochnow, seconded by Ald. Warner, moved to authorize payment of the contracted consultant inspection service invoice payments for Project Nos. 95051, 95062, 97037, 99050, 99051, 00046, 00047, 00050, 01012, 01033, 01052, 01054, and 01100. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Prochnow, seconded by Ald. Warner, moved to authorize a payment of $10,325.00 to Earth Tech for their work performed 10/20/01–11/23/01 under the City’s general engineering services contract. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Prochnow, seconded by Ald. Warner, moved to approve a transfer of $18,717.56 from the 2001 CIP—Unspecified Streets to Project No. 01100, the Utility’s Northbranch water main project, for the extended repair of Northbranch Blvd. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Prochnow, seconded by Ald. Warner, moved to concur with the recommendation of the Traffic and Safety Commission to install a stop sign on westbound Elm Rd. at Shepard Ave. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Rudebusch, seconded by Ald. Warner, moved to refer the posting of "no parking" signs on both sides of all streets in the Southbranch Industrial Park back to the Traffic and Safety Commission to reach a compromise. All voted aye; motion carried.

Ald. Foeckler, seconded by Ald. Warner, moved to approve the Vendor Summary Report in the amount of $1,151,930.67. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Warner, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

ADJOURNMENT.

Ald. Prochnow, seconded by Ald. Foeckler, moved to adjourn this meeting at 10:07 p.m. All voted aye; motion carried.

ATTEST:

_____________________________     ________________________________

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