PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, JUNE 18, 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 (arrived at 7:18 p.m.), Director of Community Development Paul Milewski, Director of Public Works Wayne St. John, Design Engineer Michael Sullivan, Fire Chief Gerard Hammernik, Police Chief Thomas Bauer, Information Technology Manager Caesar Geiger, Community Public Health Administrator Deborah Schier, and Deputy City Clerk Pam Bauer.

Ald. Prochnow, seconded by Ald. Koehler, moved to approve the minutes of the 6/3/02 and 6/4/02 meetings as published. All voted aye; motion carried.

1. PUBLIC HEARING HELD TO CONSIDER PROPOSED SPECIAL ASSESSMENTS FOR SANITARY SEWER, LATERALS AND APPURTENANCES ON BOTH SIDES OF S. PENNSYLVANIA AVE. FROM 660’± NORTH OF E. RYAN RD. TO 1160’± NORTH OF E. RYAN RD., FROM 2245’± NORTH OF E. RYAN RD. TO 2260’± NORTH OF E. RYAN RD. AND AT 3255’± NORTH OF E. RYAN RD. (PROJECT NO. 01102).

A public hearing was held to consider proposed special assessments for sanitary sewer, laterals and appurtenances on both sides of S. Pennsylvania Ave. from 660’± north of E. Ryan Rd. to 1160’± north of E. Ryan Rd., from 2245’± north of E. Ryan Rd. to 2260’± north of E. Ryan Rd. and at 3255’± north of E. Ryan Rd. (Project No. 01102). A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).

A public hearing was held to consider citizen input of projects for the 2003 CDBG program. A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).

Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10130-061802, final resolution authorizing sanitary sewer and lateral improvements, approving preliminary plans and specifications, and levying special assessments against benefited properties on both sides of S. Pennsylvania Ave. (Project No. 01102) as adjusted according to the terminus going south, with both sides of the street being assessed (Brumm and Donabauer properties) and appropriate language changes being made, and with additional language regarding the ability to recover the costs if the future project is publicly bid under the Utility’s connection agreement.

The motion was clarified by the City Attorney to state that the Lampe property is not being assessed, but the City is requiring a Sanitary Sewer Connection Agreement if he wishes to connect whereby he would pay a sanitary connection fee based on a 200-foot assessment because of the zoning on his property and would receive a credit for the amount of the fee if the property is assessed in the future. The Donabauer and Brumm properties would pay an assessment based on 200 feet, but the installation of only 115 feet of pipe.

Ald. Lampe amended her motion to include an option to install an additional 85 feet to the north from the manhole adjacent to the Donabauer and Brumm properties (for a total of 200 feet installed on the Donabauer property). Second agreed. The motion, with second agreeing, was amended to adopt Resolution No. 10130-061802, to include the option of either installing the 200 feet adjacent to the Brumm and Donabauer properties or installing 115 feet of pipe and assessing both properties for 200 feet and crediting them for what they have paid in the way of assessments in the event there is a future extension of the sanitary sewer to the north. 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.

Common Council action to allocate the City’s 2003 CDBG funds to the projects that are found to be eligible was directed held to the 7/2/02 Council meeting.

Ald. Lampe, seconded by Ald. Prochnow, moved to adopt Ordinance No. 2192, fixing the salary ranges, salary, wages and allowances for non-union and management personnel and other city offices and positions 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. Prochnow, moved to adopt Ordinance No. 2193, amending Sections 3 and 4 of Ordinance No. 2192 relating to several non-union positions. 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.

7. PRESENTED AND ADOPTED: ORDINANCE NO. 2194, FIXING SALARY RANGES, SALARY, WAGES AND ALLOWANCES FOR ELECTED CITY OFFICES AND POSITIONS FOR THE YEAR 2002.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2194, fixing the salary ranges, salary, wages and allowances for elected City offices and positions 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 adopt Resolution No. 10128-060402, acknowledging and filing the 2002 calendar year salary grade plan and benefits for library personnel. 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.

Pursuant to the request of Larry Dreher, 8121 S. Long Meadow Dr., to address the Council to request a modification/waiver to the Municipal Code to permit a fireworks display by Bartolotta Fireworks Company, Inc., during a Highland Meadows subdivision neighborhood block party on 7/6/02, Ald. Lampe, seconded by Ald. Prochnow, moved to direct staff to rewrite the ordinance regarding fireworks displays, with no fee being charged. Motion, with second agreeing, was amended to require that the displays be conducted by professional pyrotechnic companies, to require appropriate insurance coverage, including liability insurance coverage and an indemnification requirement and naming the City as an additional insured, to limit fireworks displays to block parties, to retain the groups in the existing ordinance, and to require Fire Department approval in advance consistent with NFPA 1123. 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.

Note: Items 10 through 14 were taken as one motion.

Ald. Foeckler, seconded by Ald. Prochnow, moved to award the bid for the purchase and installation of the firing range equipment for the new police facility to Rangetech International Corporation in the amount of $177,557.00 (includes surety bonding). 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. Prochnow, moved to adopt Resolution No. 10129-061802, commendation to Paul Milewski, retiring Director of Community 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, aye.

Ald. Foeckler, seconded by Ald. Prochnow, moved to approve the Vendor Summary Report in the amount of $1,134,964.58. 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. Prochnow, moved to adopt Ordinance No. 2195, establishing a salary for the Computer Specialist. 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. Prochnow, moved to adopt Council Proclamation No. 02-11, gratitude to Patrick Gauthier for dedicated service to the City of Oak Creek as a member of the Celebrations Commission. 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. Prochnow, seconded by Ald. Foeckler, moved to take the following action:

Grant Operator’s licenses to:

Wendy G. Bradford, 1223 Michigan Ave., South Milwaukee (Jazzbro’s)

Joseph Haack, 1736 S. 65^th St., West Allis (Classic Lanes)

Grant renewal amusement device operator licenses to:

Anthony Piparo, Piparo Amusement, Inc., 1114 Milwaukee Ave., South Milwaukee

Reginald Zeniecki, Reggie’s Amusement LLC, 4918 S. Packard Ave., Cudahy

Grant the request for additional salespeople:

Aaron Vazquez, 4100 Pebblebeach Ct., Franklin, employed by Adnan Atshan, selling frozen ice cream products;

Kevin C. Wagner, 517 Roy St., Green Bay, employed by Wisconsin Seafood, Inc., selling frozen seafood products

Grant a Temporary Class "B" Beer license:

South Milwaukee Amateur Radio Club, Inc., Verne Teske, Agent, one day only, 7/6/02, at Legion Post 434, 9327 S. Shepard Ave.

Grant the following liquor license renewals for 7/1/02-6/30/03, with conditions as listed below:

All voted aye.

Note: Items 16 and 17 were taken as one motion.

Ald. Prochnow, seconded by Ald. Kopplin, moved to award the bid for purchase of fire helmets to Jefferson Fire and Safety in the amount of $13,280.00. 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. Prochnow, seconded by Ald. Kopplin, moved to approve the implementation of the Wellness Fitness Initiative for non-union Fire Department members and to contract with Aurora Occupational Medicine for medical and fitness services. 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 approve the Health Department’s participation in the Bioterrorism grant by the state for the duration of the grant. 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. Koehler, seconded by Ald. Bolender, moved to approve the contract agreement for School Health Services–2002-03 School Year between the Oak Creek-Franklin Joint School District and the Oak Creek Health Department, with the provision that this is possibly the last year of services rendered. 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 authorize payment to R. A. Smith & Associates in the amount of $12,742.46 for their work on various projects. 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. Foeckler, moved to convene into Executive Session at 10:28 p.m. pursuant to Wisconsin State Statutes, to discuss the following:

a. Section 19.85(1)(e) to discuss the counteroffer from Simon Krizan in response to the offer to purchase presented to him by the City for his property at 9580 S. Nicholson Rd. as part of the City’s Resource Protection Program;

b. Section 19.85(1)(e)(g) to discuss a tentative settlement agreement between Cities and Villages Mutual Insurance Company (CVMIC) and Doris Rockett, Donnell Rockett and Jill Hershberger as a result of an accident on 8/5/01 involving an Oak reek police squad;

c. Section 19.85(1)(e)(g) to discuss WEPCO litigation and economic strategies;

d. Section 19.85(1)(e)(g) to discuss approval of a consulting contract with Christensen Associates.

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 Foeckler, moved to reconvene into Open Session at 11:17 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.

Ald. Lampe, seconded by Ald. Prochnow, moved to authorize a counteroffer consistent with the recommendation from the Director of Community Development and the City Accountant in response to the counteroffer from Simon Krizan in response to the offer to purchase presented to him by the City for his property at 9580 S. Nicholson Rd. 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.

Ald. Kopplin, seconded by Ald. Foeckler, moved to approve the settlement agreement between Cities and Villages Mutual Insurance Company (CVMIC) and Doris Rockett, Donnell Rockett and Jill Hershberger as a result of an accident on 8/5/01 involving an Oak Creek police squad. 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 approve a consulting contract with Christensen Associates. 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.

ADJOURNMENT.

Ald. Prochnow, seconded by Ald. Koehler, moved to adjourn this meeting at 11:19 p.m. All voted aye; motion carried.

ATTEST:

_____________________________     ________________________________

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