PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

                                              TUESDAY, AUGUST 19, 2003, 6:00 P.M.

CITY OF OAK CREEK

MILWAUKEE COUNTY

The Common Council met at 6:00 p.m. at the Street Department, 800 W. Puetz Rd., for a demonstration of mechanized garbage collection prior to the start of the regular Council meeting at 7:00 p.m.  Those present were:  Mayor Bolender, Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Toman, Ald. Grabowski, Ald. Koehler, City Administrator Robert Kufrin, Director of Public Works Wayne St. John, Street Division Supervisor David Laehn, and Equipment Operators Ricky Gabriel, Michael Lampe, and Greg Strube.

The regular meeting began at 7:00 p.m. in the Common Council Chambers, with the Pledge of Allegiance being said by all present.

The meeting was called to order by Mayor Bolender.  On roll call, the following aldermen were present:  Ald. Kopplin, Ald. Foeckler, Ald. Lampe, Ald. Toman, Ald. Grabowski, 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, Fire Chief Gerard Hammernik, Fire Commander Brian Satula (arrived at 7:45 p.m.), City Treasurer Barbara Guckenberger, Building Commissioner Ed Ciechanowski, Street Division Supervisor David Laehn, and Deputy City Clerk Pam Bauer.  Also present were Fire Fighter Laura Lutzen and Equipment Operators Roy Bulger and Mike Lampe who were present for items 5 and 6, respectively.

  1. PUBLIC HEARING HELD TO CONSIDER PROPOSAL OF JEFFREY SCOTT TO AMEND OFFICIAL MAP FOR NW 1/4 SECTION 23, AFFECTING PROPERTY AT 9005 S. 11TH AVE.

    2.             A public hearing was held to consider the proposal of Jeffrey Scott to amend the Official Map for the Northwest 1/4 of Section 23, affecting property at 9005 S. 11th Ave.  A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

  2. PRESENTED AND ADOPTED:  ORDINANCE NO. 2265, AMENDING OFFICIAL MAP FOR NW 1/4 OF SECTION 23 (JEFFREY SCOTT). 

    3. Ald. Toman, seconded by Ald. Koehler, moved to adopt Ordinance No. 2265, amending the Official Map for the Northwest 1/4 of Section 23 (Jeffrey Scott).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  3. PRESENTED AND ADOPTED AS REVISED:  RESOLUTION NO. 10270-081903, ADVISING CITIES OF SOUTH MILWAUKEE AND CUDAHY OF POSITION OF CITY OF OAK CREEK REGARDING JOINT DISPATCH.

    4. Ald. Lampe, seconded by Ald. Foeckler, moved to adopt Resolution No. 10270-081903, advising the Cities of South Milwaukee and Cudahy of the position of the City of Oak Creek regarding joint dispatch, including the phrase that further combined negotiations shall start after responses from the other communities are received.  Motion, with second agreeing, was amended to rephrase the last paragraph to state:  “Be it further resolved that if the Cities of Cudahy and South Milwaukee agree, in concept, with entering into a contract with Oak Creek for joint dispatch or, alternatively agree, in concept, that if a commission is formed pursuant to Section 66.0301, that Oak Creek have a majority position, that Oak Creek would then agree to meet with and negotiate with Cudahy and South Milwaukee regarding joint dispatch.”  On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Koehler, aye.

  4. PRESENTED AND ADOPTED:  ORDINANCE NO. 2267, REGARDING MASSAGE THERAPISTS AND BODYWORKERS. 

    5. Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2267, regarding massage therapists and bodyworkers.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  5. COUNCIL PROCLAMATION NO. 03-25, CONGRATULATIONS TO FIRE FIGHTER LAURA D. LUTZEN FOR BEING NAMED AMERICAN LEGION’S FIRE FIGHTER OF YEAR FOR STATE OF WISCONSIN PRESENTED BY MAYOR.

    6.             Council Proclamation No. 03-25, congratulations to Fire Fighter Laura D. Lutzen for being named the American Legion’s Fire Fighter of the Year for the State of Wisconsin was presented by Mayor Bolender.

  6. COUNCIL PROCLAMATION NO. 03-26, GRATITUDE AND APPRECIATION TO JACK UPHILL, CHRIS UPHILL, ROY BULGER AND MICHAEL LAMPE FOR THEIR ACTIONS DURING “TAX DAY FIRES” ON APRIL 15, 2003 PRESENTED BY MAYOR.

    7.             Council Proclamation No. 03-26, gratitude and appreciation to Jack Uphill, Chris Uphill, Roy Bulger and Michael Lampe for their actions during the “Tax Day Fires” on April 15, 2003 was presented by Mayor Bolender to each recipient.

    Note:  Items 7 and 8 were taken as one motion.
  7. PRESENTED AND ADOPTED:  RESOLUTION NO. 10267-081903, INITIAL RESOLUTION RELATING TO INDUSTRIAL DEVELOPMENT REVENUE BOND (IDRB) FINANCING (CROWN PRINCE, INC., PROJECT). 

    8. Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10267-081903, an initial resolution relating to Industrial Development Revenue Bond (IDRB) financing (Crown Prince, Inc., Project).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  8. PRESENTED AND ADOPTED:   RESOLUTION NO. 10268-081903, RESOLUTION RELATING TO WAIVER OF SECTION 66.1103(11)(B)1 REQUIREMENTS IN CONNECTION WITH IDRB FINANCING (CROWN PRINCE, INC., PROJECT). 

    9. Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10268-081903, a resolution relating to waiver of Section 66.1103(11)(b)1 requirements in connection with an Industrial Development Revenue Bond (IDRB) financing (Crown Prince, Inc., Project).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  9. COUNCIL PRESIDENT APPOINTS ALD. TOMAN AS THIRD MEMBER OF PERSONNEL COMMITTEE.

    10.             Council President Kopplin’s appointment of Ald. Michael Toman as the third member of the Personnel Committee was informational only.

  10. COUNCIL AGREES TO WAIVE 87% OF HYDRANT RENTAL FEE AND STORM WATER UTILITY FEE FOR SCHOOL DISTRICT FOR THIS YEAR ONLY, TAKING INTO ACCOUNT PRIOR PAYMENT BY CITY, WITH STIPULATION THAT CITY OF OAK CREEK DOES NOT SEE ANY INCREASES IN USER FEES FROM SCHOOL DISTRICT, AND WITH ISSUE BEING REVISITED.

    11. Ald. Lampe, seconded by Ald. Foeckler, moved to waive 87 percent of the hydrant rental fee and storm water utility fee for the School District for this year only, taking into account the prior payment of the hydrant rental fee by the City, with the stipulation that the City of Oak Creek does not see any increases in user fees from the School District, and with this issue being revisited.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  11. COUNCIL APPROVES ESTABLISHING PILOT PROGRAM, RECOMMENDED BY CIP COMMITTEE, FOR MECHANIZATION OF GARBAGE COLLECTION; AND TO TRANSFER $31,000.00 IN TO SOLID WASTE FUND FROM PARTIAL FUNDING OF GARBAGE TRUCK TO PURCHASE OF CONTAINERS. 

    12. Ald. Koehler, seconded by Ald. Grabowski, moved to establish a pilot program, recommended by the CIP Committee, for the mechanization of garbage collection; and to transfer $31,000.00 in to the Solid Waste Fund from the partial funding of a garbage truck to the purchase of containers.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  12. COUNCIL DISBANDS AD HOC VETERANS’ MEMORIAL COMMITTEE AND AUTHORIZES ISSUANCE OF CHECK IN AMOUNT OF $80.00 PAYABLE TO NEWLY-FORMED OAK CREEK VETERANS’ MEMORIAL COMMITTEE AS REIMBURSEMENT FOR PRIOR DONATIONS MADE TO MEMORIAL FUND. 

    13. Ald. Lampe, seconded by Ald. Grabowski, moved to disband the ad hoc Veterans’ Memorial Committee and to authorize the issuance of a check in the amount of $80.00 payable to the newly-formed Oak Creek Veterans’ Memorial Committee as reimbursement for prior donations made to the memorial fund.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  13. COUNCIL AUTHORIZES ISSUANCE OF NOTICE OF DISALLOWANCE ON CLAIM OF GRACE SCHRANK.

    14. Ald. Lampe, seconded by Ald. Kopplin, moved to authorize the issuance of a Notice of Disallowance on the claim of Grace Schrank.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  14. COUNCIL ALLOCATES CITY’S ADDITIONAL 2003 CDBG FUNDS USING ALTERNATE NO. 2.

    15. Ald. Lampe, seconded by Ald. Kopplin, moved to allocate the City’s additional 2003 CDBG funds under Reallocation Alternate No. 2 (The Center Elderly Drop-In - $520.69; Salvation Army - $1,837.71; Senior Citizen Services - $1,163.89; Interfaith Older Adult Programs- $1,837.71; and AC Spur Track - $5,000, for a total of $10,360.00). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  15. VENDOR SUMMARY REPORT APPROVED.

    16. Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $435, 870.18.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  16. LICENSE COMMITTEE.

    17.             Ald. Foeckler, seconded by Ald. Grabowski, moved to grant Operator’s licenses to the following:

    On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

    Ald. Foeckler, seconded by Ald. Grabowski, moved to grant the request of Norine Travis for an amendment to her Class B Combination license for Norine’s on Oakwood, 823 W. Oakwood Rd., for one day only, 9/27/03 to include the back yard area, for a birthday party for Lenny Weiss.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  17. COUNCIL APPROVES PURCHASE OF ZETRON FIRE STATION ALERTING SYSTEM TO MANAGE EMERGENCY DEPLOYMENT OF FIRE DEPARTMENT ASSETS, FOR TOTAL AMOUNT OF $35,625.00. 

    18. Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the purchase of a Zetron Fire Station Alerting System to manage emergency deployment of the Fire Department assets, for a total amount of $35,625.00.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  18. COUNCIL APPROVES HIRING OF THREE FIRE FIGHTERS PER 2003 BUDGET.

    19. Ald. Lampe, seconded by Ald. Kopplin, moved to approve the hiring of three fire fighters per the 2003 budget.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  19. COUNCIL APPROVES POLICE DEPARTMENT’S PURCHASE OF REPLACEMENT BODY ARMOR FOR 23 OFFICERS AT TOTAL COST OF $11,845.00.

    20. Ald. Kopplin, seconded by Ald. Foeckler, moved to approve the Police Department’s purchase of replacement body armor for 23 officers at a total cost of $11,845.00 ($515.00 each).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  20. PRESENTED AND ADOPTED:  RESOLUTION NO. 10269-081903, APPROVING CSM FOR PROPERTY AT 9200 S. 15TH AVE. (WARNER/SEROCKI/THALMAN). 

    21. Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10269-081903, approving a certified survey map for the property at 9200 S. 15th Ave. (Warner/Serocki/Thalman).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  21. COUNCIL AUTHORIZES STAFF TO ENTER INTO NEGOTIATIONS WITH MILWAUKEE COUNTY TO TRANSFER ADMINISTRATION OF HOME IMPROVEMENT LOAN PROGRAM FROM CITY TO MILWAUKEE COUNTY DEPARTMENT OF ADMINISTRATION, HOUSING AND COMMUNITY DEVELOPMENT DIVISION. 

    22. Ald. Grabowski, seconded by Ald. Koehler, moved to authorize staff to enter into negotiations with Milwaukee County to transfer the administration of the Home Improvement Loan Program from the City to the Milwaukee County Department of Administration, Housing and Community Development Division.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  22. COUNCIL REJECTS BIDS FOR PROJECTS TO CONSTRUCT ENTRANCE SIGNS FOR OAK CREEK COMMERCE AND INDUSTRIAL PARC AT INTERSECTION OF S. HOWELL AVE. AND E. MAHN CT., AND CREEKSIDE CORPORATE PARK ON S. 13TH ST. (PROJECT NOS. 99049 AND 00045) (TIF DISTRICT NOS. 4 AND 6).

    23. Ald. Kopplin, seconded by Ald. Koehler, moved to reject the bids for the projects to construct the entrance signs for the Oak Creek Commerce and Industrial Parc at the intersection of S. Howell Ave. and E. Mahn Ct., and the Creekside Corporate Park on S. 13th St. (Project Nos. 99049 and 00045) (TIF District Nos. 4 and 6).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  23. PRESENTED AND ADOPTED:  RESOLUTION NO. 10265-081903, ACCEPTING WATER MAIN EASEMENT FROM HANNA TRAILERS AT 7575 S. HOWELL AVE. FOR PUBLIC WATER MAIN INSTALLATION (PROJECT NO. 02061).

    24. Ald. Kopplin, seconded by Ald. Foeckler, moved to adopt Resolution No. 10265-081903, accepting a water main easement from Hanna Trailers at 7575 S. Howell Ave. for a public water main installation (Project No. 02061).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  24. DIRECTED HELD FOR CITY ATTORNEY OPINION:  COUNCIL APPROVAL TO AUTHORIZE MAYOR TO ENTER INTO AGREEMENT WITH ENVIROCON, INC., FOR REMOVAL OF APPROXIMATELY 16,000 CU. YDS. OF CLAY SOILS FROM STREET DIVISION GARAGE SITE AT NO COST TO CITY.

    25.             Council approval to authorize the Mayor to enter into an agreement with Envirocon, Inc., for the removal of approximately 16,000 cubic yards of clay soils from the Street Division garage site at no cost to the City was directed held for an opinion from the City Attorney as to whether or not the City’s acceptance of an offer for free removal of soil is illegal in competition with a person who is a local contractor.

  25. DIRECTED HELD TO 2004 BUDGET:  PAVING OF SOUTHBRANCH BLVD., RIDGEVIEW DR. AND S. 20TH ST. (SOUTHBRANCH INDUSTRIAL PARK).

    26. Ald. Koehler, seconded by Ald. Grabowski, moved to hold adding Southbranch Blvd., Ridgeview Dr. and S. 20th St. (Southbranch Industrial Park) to the 2003 paving program, to consider paving the Southbranch Blvd. portion only,  and to come back with cost estimates.  Motion and second were withdrawn.  Ald. Koehler, seconded by Ald. Grabowski, moved to send the issue of paving Southbranch Blvd., Ridgeview Dr. and S. 20th St. (Southbranch Industrial Park) to the 2004 budget.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  26. PRESENTED AND ADOPTED:  RESOLUTION NO. 10264-081903, RESOLUTION OF NECESSITY FOR CONDEMNATION OF LANDS AND AUTHORIZING NEGOTIATION FOR SUCH CONDEMNATION FOR A-C REORGANIZATION TRUST PROPERTY (PROJECT NO. 98003). 

    27. Ald. Toman, seconded by Ald. Kopplin, moved to adopt Resolution No. 10264-081903, resolution of necessity for the condemnation of lands and authorizing negotiation for such condemnation for the A-C Reorganization Trust Property (Project No. 98003).  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  27. PRESENTED AND DENIED:  RESOLUTION NO. 10266-081903, DESIGNATING POLICE STATION SITE AT 301 W. RYAN RD. AS NATURE CENTER. 

    28. Ald. Grabowski, seconded by Ald. Koehler, moved to deny Resolution No. 10266-081903, designating the police station site at 301 W. Ryan Rd. as a nature center.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  28. EXECUTIVE SESSION HELD.

    29.             Ald. Kopplin, seconded by Ald. Lampe, moved to convene into Executive Session at 12:10 a.m., pursuant to Wisconsin State Statutes, to discuss the following:

    1. Section 19.85(1)(e)(g) to discuss potential negotiation and potential litigation with Suburban Development, Inc. (Wimmer Brothers) relating to surface water drainage issues in the Oakshire subdivision.
    2. Section 19.85(1)(c) to discuss the appointment of and salary for a Building Inspector.

    On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  29. COUNCIL RECONVENES INTO OPEN SESSION.

    30. Ald. Kopplin, seconded by Ald. Foeckler, moved to reconvene into Open Session at 12:57 a.m.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Koehler, aye.

  30. 30-31.  ACTION TAKEN ON EXECUTIVE SESSION.

    31. Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2266, relating to the salary for the Building Inspector.  Motion, with second agreeing, was amended to adopt Ordinance No. 2266, as revised to reflect a salary of $42,905.00.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Koehler, no.

ADJOURNMENT.

Ald. Lampe, seconded by Ald. Koehler, moved to adjourn this meeting at 12:59 a.m.  All voted aye; motion carried.


            ATTEST:

            ________________________________        ___________________________________
            Beverly A. Buretta, CMC, City Clerk                    Richard R. Bolender, Mayor