PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, FEBRUARY 5, 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. Prochnow, and Ald. Rudebusch. Ald. Warner was excused. 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, Director of Parks and Recreation Douglas Schachtner, Information Technology Manager Caesar Geiger, and City Clerk Beverly Buretta.

Ald. Foeckler, seconded by Ald. Prochnow, moved to approve the minutes of the 1/15/02 meeting as published. All voted aye; motion carried.

Ald. Foeckler, seconded by Ald. Rudebusch, 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). On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

The Mayor’s veto of Ordinance No. 2172, approving a one-year contract with Local 133 ending 6/30/02, and the following documents were informational:

a. Memorandum from Melody Kotke, President, Local 133; and

b. Letter from James Burnham, Staff Representative, AFSCME District Council 48.

Ald. Kopplin, seconded by Ald. Lampe, moved to override the Mayor’s veto of Ordinance No. 2172, approving a one-year contract with Local 133 ending 6/30/02. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Kopplin, seconded by Ald. Lampe, moved to hold consideration of a change to the Fire Code relating to sprinkler and hydrant requirements in areas not served by a public water supply. All voted aye; motion carried.

Note: Items 5 through 7 were taken as one motion.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10066-020502, resolution of commendation to James M. Kelly, retiring Engineering Technician. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to adopt Council Proclamation No. 02-01, congratulations to Reese M. Baumann for having earned the Eagle Scout Award. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to adopt Council Proclamation No. 02-02, congratulations to Eder Flag Company for receiving the American Pride Award. All voted aye; motion carried.

Note: Items 8 and 9 were taken as one motion.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10077-020502, authorizing the borrowing of $10,900,000; providing for the issuance and sale of general obligation securities therefore; and levying a tax in connection therewith. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10078-020502, authorizing the issuance and providing for the sale of not-to-exceed $10,900,000 bond anticipation notes. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

A review and discussion was held by the Common Council regarding a letter from the Wisconsin Legislature dated 1/24/02 relating to Governor McCallum’s Budget Reform Act and information on unfunded mandates from other communities. A response will be prepared and brought back to the Council for review. A copy of revised Resolution No. 10080-020502 will be included with the response (see item 11 below).

Ald. Lampe, seconded by Ald. Prochnow, moved to adopt Resolution No. 10080-020502, opposing Governor McCallum’s proposal to eliminate the Shared Revenue Program, as revised to replace the words "personally offended" with "disagree" (in reference to calling municipal officials "big spenders") and to reflect a revised shared revenue-related program dollar amount. All voted aye; motion carried.

After a discussion of Mayor Richards’ memo to the Common Council outlining a referendum proposal relating to consolidation of services and consolidation with neighboring communities, Ald. Foeckler, seconded by Ald. Prochnow, moved to defer a decision to a future meeting for potential inclusion on the November ballot. All voted aye; motion carried.

Ald. Kopplin, seconded by Ald. Lampe, moved to approve the Vendor Summary Report in the amount of $3,449,176.70. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Kopplin, seconded by Ald. Foeckler, moved to award the purchase of a Dell server to Dell Inc., in the amount of $7,800.00, with funding to come from CEP Project No. 02010. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to approve the purchase of a 2002 Chevrolet Express cargo van from Ewald Chevrolet Buick in the amount of $17,609.00 for the Facilities Maintenance Department. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye. (It should be noted that Ald. Kopplin and Ald. Lampe voted to approve this purchase only in light of the fact that the current vehicle is unsafe.)

Ald. Prochnow, seconded by Ald. Rudebusch, moved to grant an Operator’s license to the following, including a letter to Pendergast:

Carey Marie Krueger, 3828 Cypress Ln., Franklin (Applebee’s)

Margaret M. O’Shea, 143 Emmersten Rd., Racine (Applebee’s)

Karen Lynn Pendergast, 2246 E. Morgan Ave., Milwaukee (Southbound)

Diane Marie Pipp, 1112 16^th Ave., South Milwaukee (Sawmill)

Jolene M. Biadasz, 2413 Harrison Pl., South Milwaukee (Southbound or Jazzbro’s)

All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to hold the Operator’s license application, issue a second provisional license and send a letter to Duane Kent Bradshaw, 3367 E. Ryan Rd. (Victor’s). All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to grant a renewal mobile home park license to William Gravitter for Hy-View Mobile Home Park, 2439 W. Carroll Ave. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to hold action on the renewal mobile home license application submitted by Charles Edlebeck for 5^th Ave. Mobile Home Park, 8481 S. 5^th Ave., and request the City Attorney send a letter regarding delinquent parking fees. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to grant an Original Class A Combination license to Richard C. Yezzi, Jr., for Convenience Plus, 9110 S. Chicago Rd. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to grant renewal landfill licenses, with a condition on the Purpero license only that debris cleanup is maintained:

C. W. Purpero, Inc., at 813 W. College Ave.

Herman and Elizabeth Kopplin, 6931 S. Howell Ave.

All voted aye; motion carried. Ald. Kopplin abstained from voting on this item.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10072-020502, final determination to proceed with the 2002 Urban Forestry Tree Planting and Pruning/Removal Program, CIP Project No. 02002. All voted aye; motion carried.

Ald. Lampe, seconded by Ald. Kopplin, moved to hold approval of the purchase of a 2002 Ford Super Duty Crew Cab from Ewald Automotive Group in the amount of $30,444.00 as approved by Fire Department staff until additional financial information is known regarding the shared revenue program. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Lampe, moved to award the bid for the purchase of fitness equipment for the Fire Department to Wellspring Fitness Systems in the amount of $12,136.24. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Rudebusch, seconded by Ald. Foeckler, moved to hold Resolution No. 10068-020502, vacating a portion of the W. Puetz Rd. right-of-way adjacent to the Whitetail Ridge subdivision, until after the required public hearing. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Note: Items 21 through 26 were taken as one motion.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10069-020502, authorizing the negotiation for the acquisition of the property at 2300 E. Oakwood Rd. as part of the City’s Resource Protection Program. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10070-020502, authorizing the negotiation for the acquisition of the property at 1120 E. Oakwood Rd. as part of the City’s Resource Protection Program. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10071-020502, authorizing the negotiation for the acquisition of the property at 9000 S. Pennsylvania Ave. as part of the City’s resource Protection Program. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10073-020502, accepting the counteroffer from Duane and Melba Vanselow to the City’s offer to purchase for their property at 10001 S. Pennsylvania Ave. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10075-020502, approving the certified survey map submitted by Dennis Schmidt, Ellis Schmidt and Jannis Schmidt for the property at 1501 E. Oakwood Rd., with the condition that it not be recorded until a grading plan is approved and the deferred special assessments are paid. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10076-020502, authorizing the Mayor and City Clerk to sign a revised offer to purchase with a time extension for the property at 9850 S. Nicholson Rd. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Ordinance No. 2160, relating to the regulation of smoking on school property. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Lampe, seconded by Ald. Prochnow, moved to hold items 28 through 31. Ald. Foeckler called for a division of the question to take item 30 separately. Motion and second were withdrawn and each item was taken separately.

Ald. Lampe, seconded by Ald. Foeckler, to hold approval of the purchase of the Cross Match I.D. 1000 10-Print Live Scan Fingerprint System, for a total cost of $40,885.00 until additional financial information is known regarding the shared revenue program. All voted aye; motion carried.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to approve the purchase of ten M26 Advanced Taser Units in the amount of $9,374.06 in accordance with funds previously allocated through the 2002 CEP budget. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Prochnow, moved to approve the purchase of yard signs and accessories necessary for the initiation of a "Keep Kids Alive Drive 25" program, at a total cost of $5,000.00. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, no; Ald. Prochnow, aye; and Ald. Rudebusch, no. The motion failed.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to approve the purchase of the Competitive Edge Software, Inc.’s mounted digital imaging camera module and interface module for the current Arrest EZ booking program at a cost of $14,000.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Note: Items 32 through 40 were taken as one motion.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to authorize the Director of Public Works to enter into a contract with Westbrook Associated Engineers, Inc., in the amount of $1,695.00 for the bi-annual inspection of the City’s bridges. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to authorize payment of the contract progress payments for Project Nos. 97037 and 01101. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

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

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10074-020502, accepting the workmanship and authorizing final payment to Zenith Tech, Inc., for Project Nos. 98104, 00010 and 00023 (installation of street improvements in Howell Ave., the Utility low lift station, and sidewalk repairs in various locations within the City). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to adopt Resolution No. 10067-020502, releasing Tews Company, Inc. (the developer) from their development agreement. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to authorize payment to R. A. Smith & Associates in the amount of $7,930.41 for their work on the E. Puetz Rd. drainage improvements project (Project No. 00038); the S. 11^th Ave. storm sewer improvement project (Project No. 00039); the S. 15^th Ave. drainage improvements project (Project No. 01023), and the N4 Tributary drainage improvement project (Project No. 01024). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to authorize payments totaling $180,702.98 to the Wisconsin Department of Transportation for contract work on various projects. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to concur with the recommendation of the Traffic & Safety Commission and approve the posting of "No Parking" signs on both sides of 20^th St. from Ryan Rd. to Southbranch Blvd., both sides of Southbranch Blvd. from 27^th St. to 20^th St., and the west side of Reinhart Dr. from 660 feet south of Southbranch Blvd. to 950 feet south of Southbranch Blvd., with the exception that parking be allowed for 15 minutes in front of 9735 S. 20^th St. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to concur with the recommendation of the Traffic & Safety Commission and approve the posting of speed limits for 10^th St., Northbranch Dr., Centennial Dr. and Mayhew Dr. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Kopplin, seconded by Ald. Foeckler, moved to convene into Executive Session at 10:30 p.m. pursuant to Wisconsin State Statutes to discuss the following:

a. Section 19.85(1)(e) to discuss the counteroffer for the purchase of property at 2026 E. Ryan Rd.

b. Section 19.85(1)(g) to discuss the claim of Oak Creek Commerce Parc, LLC.

c. Section 19.85(1)(g) to discuss intervention in the proceedings of the Public Service Commission regarding the request of WEPCO for a Certificate of Public Convenience and Necessity (CPCN) regarding expansion of the power plant.

On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

 

Ald. Rudebusch, seconded by Ald. Prochnow, moved to reconvene into Open Session at 11:00 p.m. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Foeckler, seconded by Ald. Rudebusch, moved to approve the Settlement Agreement and Release with Oak Creek Commerce, LLC and Daryl Willing for the Oak Creek Business and Commerce Parc. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

Ald. Prochnow, seconded by Ald. Rudebusch, moved to authorize outside counsel, Davis & Kuelthau, S.C., to intervene in the Certificate of Public Convenience and Necessity (CPCN) proceedings before the Public Service Commission (PSC) involving the plan for Wisconsin Electric Power Company (WEPCO) to build three new power plants in Oak Creek, and in the air permit application process before the Department of Natural Resources (DNR). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Prochnow, aye; and Ald. Rudebusch, aye.

ADJOURNMENT.

Ald. Kopplin, seconded by Ald. Foeckler, moved to adjourn this meeting at 11:05 p.m. All voted aye; motion carried.

ATTEST:

_____________________________     ________________________________

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