PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, APRIL 16, 2002, 7:00 P.M.

 

CITY OF OAK CREEK

MILWAUKEE COUNTY

 

 

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

 

City Clerk Beverly Buretta conducted a swearing-in ceremony for Ald. Foeckler, Ald. Bolender and Ald. Koehler.

 

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 Paul Milewski, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, Police Chief Thomas Bauer, Director of Parks and Recreation Douglas Schachtner, Community Public Health Administrator Deborah Schier, and City Clerk Beverly Buretta.

 

Ald. Prochnow, seconded by Ald. Kopplin, moved to approve the minutes of the 4/1/02 meeting as published. All voted aye; motion carried.

 

1. PUBLIC HEARING HELD TO CONSIDER PROPOSED AMENDMENTS TO TERMS OF IDRBs FOR AAA SALES AND ENGINEERING INC., AND MICHAEL B. MAZUR, DOING BUSINESS AS EMJAY COMPANY AT 1120 W. NORTHBRANCH DR.

 

A public hearing was held to consider proposed amendments to the terms of industrial development revenue bonds for AAA Sales and Engineering Inc., and Michael B. Mazur, doing business as Emjay Company at 1120 W. Northbranch Dr. A summary transcript is available in the City Clerk’s Office.

 

2. COUNCIL APPROVES PURCHASE OF CROSS MATCH I.D. 1000 10-PRINT LIVE SCAN FINGERPRINT SYSTEM FOR POLICE DEPARTMENT FOR TOTAL COST OF $40,885.00, MINUS MAINTENANCE AGREEMENT.

 

Ald. Foeckler, seconded by Ald. Prochnow, moved to approve the purchase of a Cross Match I.D. 1000 10-Print Live Scan Fingerprint System for the Police Department for a total cost of $40,885.00, minus the maintenance agreement. 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.

 

3. COUNCIL APPROVES INTERGOVERNMENTAL COOPERATION AGREEMENT WITH MMSD AND AUTHORIZES MAYOR AND CITY CLERK TO EXECUTE AGREEMENT.

 

Ald. Foeckler, seconded by Ald. Prochnow, moved to approve an Intergovernmental Cooperation Agreement with the Milwaukee Metropolitan Sewerage District (MMSD) and to authorize the Mayor and City Clerk to execute said agreement. 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.

 

4. COUNCIL APPROVES VENDOR SUMMARY REPORT, AS AMENDED.

 

Ald. Lampe, seconded by Ald. Foeckler, moved to approve the Vendor Summary Report in the amount of $797,116.66, as amended (certified survey map application fee reimbursement check to go to Chris and Sue Smith rather than the surveyor Daniel Mack). 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.

 

5. PRESENTED AND ADOPTED: ORDINANCE NO. 2180 REGARDING OFFENSES AGAINST STATE LAW SUBJECT TO FORFEITURE.

 

Ald. Kopplin, seconded by Ald. Lampe, moved to adopt Ordinance No. 2180, repealing and recreating that portion of Section 11.01 of the Municipal Code regarding offenses against state law subject to forfeiture. 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.

 

6. INFORMATIONAL ONLY: POLICE STATION PROGRESS REPORT THROUGH 3/31/02.

 

The Police Station Progress Report through March 31, 2002 was informational only.

 

7. COUNCIL APPROVES AMENDMENT TO CONTRACT WITH J. P. CULLEN TO LOWER COST OF BUILDING TO REFLECT OWNER-DIRECT PURCHASES.

 

Ald. Foeckler, seconded by Ald. Bolender, moved to approve an amendment to the contract with J. P. Cullen to lower the cost of the building to reflect the owner-direct purchases. 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.

 

8. DIRECTED FILED: RESOLUTION NO. 10100-041602, RESOLUTION OF SUPPORT TO GREATER MILWAUKEE COMMITTEE TO EVALUATE BENEFITS OF REPLACING COUNTY BOARD WITH VILLAGE PRESIDENTS AND MAYORS OF MILWAUKEE COUNTY COMMUNITIES.

 

Resolution No. 10100-041602, resolution of support to the Greater Milwaukee Committee to evaluate the benefits of replacing the County Board with the Village Presidents and Mayors of Milwaukee County communities was directed filed.

 

9. LICENSE COMMITTEE.

 

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant operator’s licenses to:

Martha Fajardo, 4872 S. 14th St., #1, Milwaukee (Four Seasons)

Lori Jo Smith, 545A McArthur Ln., Brookfield (Oak Hills)

All voted aye; motion carried.

 

Ald. Prochnow, seconded by Ald. Kopplin, moved to grant a temporary Class B Beer license to MATC Campus Student Union, 6665 S. Howell Ave., for one day only, 4/26/02. All voted aye; motion carried.

 

10. PRESENTED AND ADOPTED WITH CONDITIONS: RESOLUTION NO. 10106-041602, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO RILEY CONSTRUCTION FOR PROJECT NO. 99009 (CONSTRUCTION OF FIRE STATION NO. 3 AT 7000 S. 6TH ST.).

 

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Resolution No. 10106-041602, accepting the workmanship and authorizing final payment to Riley Construction for Project No. 99009 (construction of Fire Station No. 3 at 7000 S. 6th St.), with the condition that the check is to be held until both the lien waiver and the required contractor affidavit are filed with the City. 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.

 

11. COUNCIL APPROVES PURCHASE OF TWO NEW MODEL 72-INCH CUT ROTARY TURF MOWERS FROM HIGHWAY C SERVICE IN AMOUNT OF $21,774.40, WITH OLD MOWER TO BE AUCTIONED.

 

Ald. Foeckler, seconded by Ald. Prochnow, moved to approve the recommendation of the Director of Parks and Recreation to purchase two new model 72-inch cut rotary turf mowers from Highway C Service in the amount of $21,774.40, with the condition that the old mower be auctioned. 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.

 

12. PRESENTED AND ADOPTED: RESOLUTION NO. 10105-041602, AUTHORIZING STAFF TO APPLY FOR STATE FUNDING TO IMPLEMENT RECOMMENDATIONS OF PARK AND OPEN SPACE PLAN.

 

Ald. Prochnow, seconded by Ald. Koehler, moved to adopt Resolution No. 10105-041602, authorizing staff to apply for state funding to implement recommendations of the Park and Open Space Plan. 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.

 

13. DIRECTED HELD: COUNCIL ACTION TO CONSIDER TAKING OVER CHICAGO ROAD CEMETERY AT 10870 S. CHICAGO RD., TO AUTHORIZE OAK CREEK HISTORICAL SOCIETY TO APPLY FOR SPECIAL HEAD STONE FROM DEPARTMENT OF VETERANS AFFAIRS, AND TO AUTHORIZE WRITE-OFF OF $5,100.08 IN DEFERRED SPECIAL ASSESSMENTS.

 

Council action to consider taking over the Chicago Road Cemetery at 10870 S. Chicago Rd., to authorize the Oak Creek Historical Society to apply for a special head stone from the Department of Veterans Affairs, and to authorize the write-off of $5,100.08 in deferred special assessments was directed held.

 

14. COUNCIL APPROVES SUBORDINATION OF CITY’S HOME IMPROVEMENT LOAN WITH KEITH SOTO ON HIS PROPERTY AT 8800 S. CAROL CT.

 

Ald. Bolender, seconded by Ald. Kopplin, moved to approve the subordination of the City’s home improvement loan with Keith Soto on his property at 8800 S. Carol Ct. 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 15 through 19 were taken as one motion.

 

15. PRESENTED AND ADOPTED: RESOLUTION NO. 10107-041602, RESOLUTION TO RENAME AUSTIN ST. TO KNIGHTS PL. FROM PUETZ RD. TO GROVELAND DR.

 

Ald. Lampe, seconded by Ald. Bolender, moved to adopt Resolution No. 10107-041602, a resolution to rename Austin St. to Knights Pl. from Puetz Rd. to Groveland Dr. 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.

 

16. COUNCIL AUTHORIZES DIRECTOR OF PUBLIC WORKS TO ENTER INTO CONTRACT WITH WESTBROOK ASSOCIATED ENGINEERS, INC., FOR DESIGN OF BRIDGE MAINTENANCE REHABILITATION OF NICHOLSON RD. BRIDGE OVER ROOT RIVER.

 

Ald. Lampe, seconded by Ald. Bolender, moved to authorize the Director of Public Works to enter into a contract with Westbrook Associated Engineers, Inc., for the design of bridge maintenance rehabilitation of the Nicholson Rd. bridge over the Root River. 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. COUNCIL AUTHORIZES PAYMENT OF $9,300.00 TO LAND ACQUISITIONS, INC., FOR THEIR WORK ON REAL ESTATE ACQUISITIONS FOR PENNSYLVANIA AVE. RECONSTRUCTION PROJECT (PROJECT NO. 99022).

 

Ald. Lampe, seconded by Ald. Bolender, moved to authorize a payment of $9,300.00 to Land Acquisitions, Inc., for their work on the real estate acquisitions for the Pennsylvania Ave. reconstruction project (Project No. 99022). 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.

 

18. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR PROJECT NO. 00109.

 

Ald. Lampe, seconded by Ald. Bolender, moved to authorize payment of the contract progress payments for Project No. 00109. 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.

 

19. PRESENTED AND ADOPTED: RESOLUTION NO. 10104-041602, PRELIMINARY RESOLUTION DECLARING INTENT TO EXERCISE SPECIAL ASSESSMENT POWERS FOR PROJECT NO. 01102, SANITARY SEWER IN S. PENNSYLVANIA AVE. FROM A POINT 580’ TO 1360’± NORTH OF E. RYAN RD., 2180’ TO 2260’± NORTH OF E. RYAN RD., AND 2920’ TO 3260’± NORTH OF E. RYAN RD., AND TO ESTABLISH PUBLIC HEARING DATE FOR 5/7/02.

 

Ald. Lampe, seconded by Ald. Bolender, moved to adopt Resolution No. 10104-041602, a preliminary resolution declaring intent to exercise special assessment powers for Project No. 01102, sanitary sewer in S. Pennsylvania Ave. from a point 580’ to 1360’± north of E. Ryan Rd., 2180’ to 2260’± north of E. Ryan Rd., and 2920’ to 3260’± north of E. Ryan Rd., and to establish a public hearing date for 5/7/02. 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 20 and 21 were taken as one motion.

 

20. PRESENTED AND ADOPTED: RESOLUTION NO. 10108-041602, APPRECIATION TO MERLYN J. WARNER, FOR DEDICATED SERVICE TO CITY AS 4TH DISTRICT ALDERPERSON.

 

Ald. Kopplin, seconded by Ald. Prochnow, moved to adopt Resolution No. 10108-041602, appreciation to Merlyn J. Warner, for dedicated service to the City of Oak Creek as 4th District Alderperson. All voted aye; motion carried.

 

21. PRESENTED AND ADOPTED: RESOLUTION NO. 10109-041602, APPRECIATION TO ALICE A. RUDEBUSCH, FOR DEDICATED SERVICE TO CITY AS 6TH DISTRICT ALDERPERSON.

 

Ald. Kopplin, seconded by Ald. Prochnow, moved to adopt Resolution No. 10109-041602, appreciation to Alice A. Rudebusch, for dedicated service to the City of Oak Creek as 6th District Alderperson. All voted aye; motion carried.

 

22. ALD. KOPPLIN ELECTED COMMON COUNCIL PRESIDENT.

 

City Attorney Lawrence Haskin reviewed the procedure for election of a common council president. Mayor Richards opened the floor to nominations. Ald. Lampe nominated Ald. Kopplin. Ald. Foeckler nominated Ald. Prochnow. Ald. Kopplin, seconded by Ald. Lampe, moved to close nominations. 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. On a vote by secret ballot, Ald. Kopplin received four votes; Ald. Prochnow received two votes. Ald. Kopplin was elected Common Council President.

 

23. COMMON COUNCIL PRESIDENT MAKES ALDERMANIC APPOINTMENTS.

 

Common Council President Kopplin made the following aldermanic appointments:

Personnel Committee (minimum of 2) – 3 – Ald. Lampe, Chair; Ald. Bolender; Ald. Kopplin

Capital Improvements Committee – 3 – Ald. Kopplin, Chair; Ald. Foeckler; Ald. Koehler

License Committee – 3 – Ald. Foeckler; Ald. Bolender; Ald. Prochnow (chair to be chosen among members)

Plan Commission Representatives – 2 – Ald. Kopplin; Ald. Foeckler

Board of Health Representative – 1 – Ald. Koehler

City Airport Advisory Committee – 1 - dissolved

Emergency Government Committee Representative – 1 – Ald. Prochnow

Parks and Recreation Commission – 1 – Ald. Lampe

Computer Steering Committee – 1 – no appointment made at this time

Finance Committee – 1 – Ald. Koehler

Cable Advisory Committee – 1 – Ald. Foeckler

Traffic & Safety Commission – 1 – Ald. Lampe

Note: Items 24 and 25 were taken as one motion.

 

24. COUNCIL CONCURS WITH MAYOR’S CITY OFFICIALS APPOINTMENTS.

 

Ald. Foeckler, seconded by Ald. Prochnow, moved to concur with the Mayor’s City Officials appointments as follows:

a. Weed Commissioner – 1-year term to expire 4/03 (1)

Brent Conley

b. City Sanitarian – 1-year term to expire 4/03 (1)

Art Biesek

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.

 

25. COUNCIL CONCURS WITH MAYOR’S REAPPOINTMENTS TO VARIOUS COMMITTEES.

 

Ald. Foeckler, seconded by Ald. Prochnow, moved to concur with the Mayor’s reappointments as follows:

a. Cable Advisory Committee – 3-year term to expire 4/05:

John Monahan

b. Celebrations Commission – 3-year term to expire 4/05:

Sue Patnode

John Krenz

Patrick Gauthier

Debra Schmid

c. Civil Service Commission – 5-year term to expire 4/07:

James Potter

d. Environmental Advisory Committee – 2-year term to expire 4/04:

Dennis Havey

David Shekoski

Marilyn Cavil

e. Parks and Recreation Commission – 3-year term to expire 4/05:

Greg Lampe

Marianne Dickmann

f. Police and Fire Commission – 5-year term to expire 4/07:

Robert Anderson

g. Zoning Board of Appeals – 3-year term to expire 4/05:

Randy Gregorek

Lawrence Bodette

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.

 

26. MAYOR MAKES ALDERMANIC APPOINTMENTS.

 

Mayor Richards made the following aldermanic appointments:

Library Board (1) – Appointment held

Community Development Authority (2) – Ald. Foeckler; Ald. Bolender

Community Center Board of Directors (1) – Ald. Prochnow

Ad hoc Bender Park Committee (2) – Ald. Bolender; Ald. Prochnow

27. EXECUTIVE SESSION HELD.

 

Ald. Foeckler, seconded by Ald. Prochnow, moved to convene into Executive Session at 10:00 p.m. pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to discuss the purchase of property at 1120 E. Oakwood Rd. and 9000 S. Pennsylvania Ave. as part of the City’s Resource Protection Program. 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.

 

28. COUNCIL RECONVENES INTO OPEN SESSION.

Ald. Foeckler, seconded by Ald. Prochnow, moved to reconvene into Open Session at 10:50 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.

 

29. NO ACTION TAKEN ON EXECUTIVE SESSION.

 

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

 

ADJOURNMENT.

 

Ald. Foeckler, seconded by Ald. Prochnow, moved to adjourn this meeting at 10:50 p.m. All voted aye; motion carried.

 

ATTEST:

 

 

 

_____________________________     ________________________________

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