PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

MONDAY, FEBRUARY 17, 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 Richards called the meeting to order at 6:00 p.m. On roll call, the following aldermen were present: Ald. Kopplin, Ald. Foeckler, Ald. Lampe (arrived at 6:20 p.m.), Ald. Bolender, Ald. Prochnow, and Ald. Koehler. Also present were: City Administrator Robert Kufrin, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, Director of Public Works Wayne St. John, Environmental Engineer Phil Beiermeister, Fire Chief Gerard Hammernik, Police Chief Thomas Bauer, Police Captain Warren Endthoff, Police Administrative Support Services Bureau Manager JoAnn Stencel, Police Dispatcher Deborah Paget, Information Technology Manager Caesar Geiger, Community Public Health Administrator Deborah Schier, Facilities Manager Richard Kulka, and Deputy City Clerk Pam Bauer.

Ald. Kopplin, seconded by Ald. Koehler, moved to approve the minutes of the 2/4/03 meeting as revised to delete house values (let lot dictate house value) and to indicate Ald. Kopplin as voting "no" on item 13. All voted aye; motion carried.

A public hearing was held to consider the request of Triland Development for an amendment to the Official Map in the Southwest ¼ of Section 23, affecting the properties at and around 9210 S. 15^th Ave. A summary transcript is available in the City Clerk’s Office (see item 3 for action on this hearing).

2. PUBLIC HEARING HELD TO CONSIDER PROPOSED CHANGES TO SECTION 17.0810 OF MUNICIPAL CODE RELATING TO ESTABLISHMENT OF PERFORMANCE STANDARDS FOR NOISE.

A public hearing was held to consider proposed changes to Section 17.0810 of the Municipal Code relating to the establishment of performance standards for noise. A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).

Ald. Bolender, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2237, approving an amendment to the Official Map for the Southwest ¼ of Section 23 (Triland Development). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Bolender, aye; Ald. Prochnow, aye; and Ald. Koehler, aye. Ald. Lampe was not present for the vote.

4. PRESENTED AND FILED: ORDINANCE NO. 2228, REPEALING AND RECREATING SECTION 17.0810 OF MUNICIPAL CODE REGARDING PERFORMANCE STANDARDS RELATED TO NOISE.

Ald. Koehler, seconded by Ald. Bolender, moved to not adopt Ordinance No. 2228, repealing and recreating Section 17.0810 of the Municipal Code regarding performance standards related to noise. Motion, with second agreeing, was amended to file Ordinance No. 2228. 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 5 through 8 were taken as one motion.

Ald. Lampe, seconded by Ald. Bolender, moved to adopt Ordinance No. 2239, making wage adjustments for specific non-union employees for 2003. 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. Bolender, moved to approve the Vendor Summary Report in the amount of $376,395.03. 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. Bolender, moved to concur with the Mayor’s appointment of John DeVita as City Sanitarian to complete a one-year term expiring 4/03. 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. Bolender, moved to adopt Council Proclamation No. 03-2, congratulations to Tri City National Bank, Southeastern Chamber United in Business 2002 Business of the Year (confirmation only). 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.

After a discussion of potential police and fire joint dispatch services with the cities of South Milwaukee and Cudahy, Ald. Lampe, seconded by Ald. Koehler, moved to refer this issue to a strategic issues meeting on Monday, 3/3/03 at 7:00 p.m. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant an Operator’s license to Jeffrey P. Mocco, 3425 E. Howard Ave., St. Francis (Southbound). All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to grant a temporary Class B Beer license to MATC South Campus Student Senate, 6665 S. Howell Ave., for one day only, 2/28/03. All voted aye; motion carried.

Ald. Prochnow, seconded by Ald. Foeckler, moved to approve James G. Seidenkranz, 7294 Fifield Rd., Gillett, WI, as an additional salesperson for Wisconsin Seafood Company. All voted aye; motion carried.

Ald. Foeckler, seconded by Ald. Bolender, moved to award the bid for purchase and installation of firing range equipment for the new police facility to Carey’s Heating and Air Conditioning, Tinley Park, IL, in the amount of $200,607.00. 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.

Items 12 through 17 were taken as one motion.

Ald. Bolender, seconded by Ald. Kopplin, moved to authorize payment of the contract progress payments for Project Nos. 00038 and 00047. 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. Bolender, seconded by Ald. Kopplin, moved to adopt Resolution No. 10213-021703, accepting fee property, permanent and temporary easements 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.

Ald. Bolender, seconded by Ald. Kopplin, moved to authorize a payment of $7,807.98 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.

Ald. Bolender, seconded by Ald. Kopplin, moved to authorize an advance of $150,000.00 from Fund 21-Debt Amortization Fund, to Fund 46-TIF District No. 4 (Rosen project), to be reimbursed from collected TIF tax increment, with 4.7% interest. 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. Bolender, seconded by Ald. Kopplin, moved to award the project to landscape the Oak Creek Commerce and Industrial Parc to the lowest responsive, responsible bidder, Hickory Landscaping, in the amount of $53,993.25 (Project No. 99049) (TIF District No. 4), with payment for this project to come from funds advanced to the TIF District No. 4 Construction Fund from the Debt Amortization Fund (see item 15 above). 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. Bolender, seconded by Ald. Kopplin, moved to authorize payment of the contract invoice payment for Project No. 01058. 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. Bolender, seconded by Ald. Koehler, moved to adopt Ordinance No. 2238, creating Section 3.50 relating to storm water management system service charges. Motion, with second agreeing, was amended to adopt Ordinance No. 2238, as revised to change the last line in (i)(1) to "by the customer and the City (of Oak Creek)"; and to amend (i)(6)(d) and (j)(1)(d) to reflect that the determination of the Small Claims Committee may be appealed to the Council and any claims over $5,000.00 automatically go directly to the Council. 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 19 and 20 were taken as one motion.

Ald. Foeckler, seconded by Ald. Lampe, moved to adopt Resolution No. 10214-021703, approving the certified survey map for the property at 8666 S. 27^th St. (27 Puetz Associates, LLP). 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.

20. COUNCIL AWARDS THREE-YEAR LEASE TO FARM CITY-OWNED PARCEL AT 1425 E. DREXEL AVE. TO KOU L. VANG IN AMOUNT OF $67.00/ACRE ($800.00 PER YEAR).

Ald. Foeckler, seconded by Ald. Lampe, moved to award a three-year lease to farm the City-owned parcel at 1425 E. Drexel Ave. to Kou L. Vang, the highest bidder, in the amount of $67.00/acre ($800.00 per year). 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. Lampe, moved to convene into Executive Session at 9:50 p.m., pursuant to Wisconsin State Statutes as follows:

a. Section 19.85(1)(e)(g) to discuss potential litigation and negotiations with WE Energies relating to the proposed power plant expansion;

b. Section 19.85(1)(e) to discuss negotiating a change in the consulting contract with RMT Technologies, Inc., as it relates to the proposed power plant expansion.

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. Bolender, moved to reconvene into Open Session at 10:29 p.m. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; and Ald. Koehler, aye. Ald. Prochnow was out of the room and did not vote.

Ald. Lampe, seconded by Ald. Kopplin, moved to approve the amendment to the consulting contract with RMT Technologies, Inc., at the 2002 rate. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Bolender, aye; and Ald. Koehler, aye. Ald. Prochnow was out of the room and did not vote.

The consensus of the Council was to authorize the execution of a single party agreement between the City of Oak Creek and the James T. Barry Co., Inc., for the possible sale of the property at 7625 S. Howell Ave., with a proposal that the City pay a 4% commission (rather than 6% as listed on the Common Council Report).

Ald. Koehler, seconded by Ald. Foeckler, moved to continue to cooperate with the Southeastern Municipal Executives (SEME) efforts to create a group health insurance program for area municipalities. 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. Koehler, moved to adjourn this meeting at 10:30 p.m. All voted aye; motion carried.

ATTEST:

_____________________________     ________________________________

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

City Clerk/Treasurer