PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

                                                TUESDAY, MARCH 2, 2004, 6:30 P.M.

CITY OF OAK CREEK

MILWAUKEE COUNTY

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

Mayor Bolender called the meeting to order at 6:30 p.m.  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 Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, Director of Public Works Wayne St. John, Fire Chief Gerard Hammernik, Information Technology Manager Caesar Geiger, Community Public Health Administrator Deborah Schier, Director of Parks, Recreation and Forestry Douglas Schachtner, Utility General Manager Steven Yttri, and City Clerk Beverly Buretta.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the minutes of the 2/16/04 meeting as published.  All voted aye; motion carried.

1.         INFORMATIONAL:  PRESENTATION ON WATER AND SEWER UTILITY OPERATIONS.

            The presentation by representatives of the Oak Creek Water & Sewer Utility on Utility operations was informational only.

2.         INFORMATIONAL:  PRESENTATION ON DECORUM AT COMMON COUNCIL MEETINGS.

            The presentation by City Attorney Lawrence Haskin on decorum at Common Council Meetings – Robert’s Rules of Order – Open Meetings Law was informational only.

3.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY EBENEZER CHILD CARE CENTER TO REZONE PORTION OF PROPERTY AT 8201 S. HOWELL AVE. FROM M-1 MANUFACTURING TO B-3 OFFICE AND PROFESSIONAL BUSINESS, WITH CONDITIONAL USE PERMIT FOR DAY CARE CENTER WITH OUTDOOR ACTIVITY AREA.

            A public hearing was held to consider a proposal by the Ebenezer Child Care Center to rezone a portion of the property at 8201 S. Howell Ave. from M-1 Manufacturing to B-3 Office and Professional Business, with a conditional use permit for a day care center with an outdoor activity area.  A summary transcript is available in the City Clerk’s Office (see item 4 for action on this hearing).

4.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2296, REZONING PORTION OF PROPERTY AT 8201 S. HOWELL AVE. FROM M-1 MANUFACTURING TO B-3 OFFICE AND PROFESSIONAL BUSINESS, AND GRANTING CONDITIONAL USE PERMIT FOR DAY CARE CENTER WITH OUTDOOR ACTIVITY AREA. 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2296, rezoning a portion of the property at 8201 S. Howell Ave. from M-1 Manufacturing to B-3 Office and Professional Business, and granting a conditional use permit for a day care center with an outdoor activity area.  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, no.

5.         COUNCIL AUTHORIZES CDA TO PURSUE PREPARATION OF DEVELOPMENT PLAN FOR S. 27^TH ST. AND REPORT BACK TO COUNCIL WITH OUTLINE AND BUDGET FOR SUCH PLAN. 

Ald. Grabowski, seconded by Ald. Foeckler, moved to authorize the Community Development Authority (CDA) to pursue preparation of a development plan for S. 27^th St. and report back to the Council with an outline and budget for such a plan.  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.

6.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10325-121603, AMENDING RESOLUTION NO. 9202-061796 AND RESOLUTION NO. 9822-041800 REGARDING PUBLIC DEPOSITORIES. 

Ald. Koehler, seconded by Ald. Kopplin, moved to adopt Resolution No. 10325-121603, amending Resolution No. 9202-061796 and Resolution No. 9822-041800 regarding Public Depositories.  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.

7.         INFORMATIONAL:  PRESENTATION BY REPRESENTATIVES OF OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT ON 4/6/04 REFERENDUM QUESTION FOR NEW ELEMENTARY SCHOOL.

            The presentation by representatives of the Oak Creek-Franklin Joint School District on the 4/6/04 referendum question for a new elementary school was informational only.

8.         VENDOR SUMMARY REPORT APPROVED.

Ald. Kopplin, seconded by Ald. Koehler, moved to approve the Vendor Summary Report in the amount of $212,915.33.  On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; and Ald. Koehler, aye. Ald. Grabowski was out of the room and did not vote.

9.         PRESENTED AND ADOPTED: COUNCIL PROCLAMATION NO. 04-5, CONGRATULATIONS TO ANDREW REIMESCH FOR RECEIVING THE EAGLE SCOUT AWARD.

Ald. Lampe, seconded by Ald. Koehler, moved to adopt Council Proclamation No. 04-5, congratulations to Andrew Reimesch for receiving the Eagle Scout Award.  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.

10.       COUNCIL APPROVES HIRING FULL-TIME GIS TECHNICIAN TO FILL EXISTING VACANT GIS TECHNICIAN POSITION AT STARTING HOURLY WAGE OF $16.402 PER HOUR (PER LOCAL 133 UNION CONTRACT). 

Ald. Lampe, seconded by Ald. Kopplin, moved to approve hiring a full-time GIS Technician to fill the existing vacant GIS Technician position at a starting hourly wage of $16.402 per hour (per Local 133 Union contract).  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.       LICENSE COMMITTEE.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to grant an Operator’s license to:

            Erin Michelle Bartley, 3864 E. Maple St. (Southbound)

            Andrea Guardiola, 3875 E. American Ave. (Jazzbro’s)

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 approve Daniel J. Fonk, 2917 N. Maryland Ave., Milwaukee, as an additional salesperson for the Weathertight Corporation, Franklin, WI, selling home improvements.  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 a Special Class B Beer license to the MATC Student Senate, 6665 S. Howell Ave., for one day only, 3/12/04.  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 RECEIVES SUMMARY REPORT OF OAK CREEK COMMUNITY HEALTH SURVEY, FALL 2003, AS COMMISSIONED BY AURORA HEALTH CARE AND PREPARED BY JKV RESEARCH, LLC. 

Ald. Grabowski, seconded by Ald. Koehler, moved to receive the summary report of the Oak Creek Community Health Survey, Fall 2003, as commissioned by Aurora Health Care and prepared by JKV Research, LLC.  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 APPROVES CONTRACT AGREEMENT FOR SCHOOL HEALTH SERVICES 2004-05 SCHOOL YEAR BETWEEN OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT AND OAK CREEK HEALTH DEPARTMENT. 

Ald. Koehler, seconded by Ald. Grabowski, moved to approve the Contract Agreement for School Health Services 2004-05 School Year between the Oak Creek-Franklin Joint School District and the Oak Creek Health Department.  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10341-030204, ACCEPTING PERMANENT WATER MAIN EASEMENTS FOR PROJECT NO. 01103, EAST-WEST TRANSMISSION WATER MAIN PROJECT PLANNED FOR 2005. 

Ald. Lampe, seconded by Ald. Toman, moved to adopt Resolution No. 10341-030204, accepting permanent water main easements for Project No. 01103, the east-west transmission water main project planned for 2005.  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.       DIRECTED HELD:  COUNCIL AUTHORIZATION FOR FIRE CHIEF TO ACCEPT 2003 FIRE ACT GRANT FOR FIRE SPRINKLERS IN FIRE STATION NOS. 1 AND 2 IN AMOUNT OF $39,717.00.

            Council authorization for the Fire Chief to accept the 2003 FIRE ACT Grant for fire sprinklers in Fire Station Nos. 1 and 2 in the amount of $39,717.00 was directed held.

16.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10342-030204, APPROVING CSM FOR PROPERTY AT 7841 S. HOWELL AVE., SUBJECT TO TECHNICAL CORRECTIONS AND SIGNED AGREEMENT WITH WATER & SEWER UTILITY CONCERNING SHARED ACCESS TO DREXEL AVE. (RODNEY DENT). 

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10342-030204, approving a certified survey map for the property at 7841 S. Howell Ave., subject to technical corrections and a signed agreement with the Water & Sewer Utility concerning shared access to Drexel Ave. (Rodney Dent).  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10344-030204, AUTHORIZING EXECUTION OF AGREEMENT WITH MILWAUKEE COUNTY TO TRANSFER HOME IMPROVEMENT LOAN PROGRAM TO MILWAUKEE COUNTY DEPT. OF ADMINISTRATION, HOUSING AND COMMUNITY DEVELOPMENT DIVISION. 

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10344-030204, authorizing the execution of an agreement with Milwaukee County to transfer the Home Improvement Loan Program 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.

18.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10345-030204, APPROVING CSM FOR PORTION OF PROPERTY AT 8201 S. HOWELL AVE. (DEMCO WI I, LLC, ON BEHALF OF EBENEZER CHILD CARE). 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10345-030204, approving a certified survey map for a portion of the property at 8201 S. Howell Ave. (DEMCO WI I, LLC, on behalf of Ebenezer Child Care).  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, no.

19.       DIRECTED HELD:  RESOLUTION NO. 10346-030204, APPROVING CSM FOR PROPERTY AT 7750 S. 13^TH ST., SUBJECT TO CONDITIONS LISTED IN PLAN COMMISSION APPROVAL (JAMES OVERLAND).

            Resolution No. 10346-030204, approving a certified survey map for the property at 7750 S. 13^th St., subject to conditions listed in the Plan Commission approval (James Overland) was directed held to the 3/16/04 meeting.

20.       PRESENTED AND ADOPTED:  ORDINANCE NO. 2295, REPEALING AND RECREATING TABLE 14.103 LOCATED IN SECTION 14.103 OF MUNICIPAL CODE.

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2295, repealing and recreating Table 14.103 located in Section 14.103 of the Municipal Code.  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, no.

21.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS.

Ald. Kopplin, seconded by Ald. Grabowski, moved to authorize payment of the contract progress payments for Project Nos. 00027 and 96006.  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 CONCURS WITH RECOMMENDATION OF TRAFFIC & SAFETY COMMISSION AND AUTHORIZES INSTALLATION OF 3-WAY STOP SIGN FOR SIX-MONTH STUDY AT INTERSECTION OF S. QUINCY AVE. AND E. MONROE AVE. 

Ald. Kopplin, seconded by Ald. Koehler, moved to concur with the recommendation of the Traffic & Safety Commission and authorize the installation of a 3-way stop sign for a six-month study at the intersection of S. Quincy Ave. and E. Monroe Ave.  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.       EXECUTIVE SESSION HELD.

            Ald. Kopplin, seconded by Ald. Lampe, moved to convene into Executive Session at 10:15 p.m. pursuant to Wisconsin State Statutes, to discuss the following:

            a.         Section 19.85(1)(e) to discuss the contract for paramedic service with Milwaukee County for the years 2004 and 2005;

            b.         Section 19.85(1)(e) to discuss a counter-offer relating to the sale of a portion of City-owned land at 10511 S. Chicago Rd.; and

            c.         Section 19.85(1)(c) to discuss the following:

                        (1)        Compensation for the Facilities Manager

                        (2)        Compensation for the Personnel Specialist

                        (3)        Salaries and wages for the Accountant

Motion and second were withdrawn. 

Ald. Kopplin, seconded by Ald. Lampe, moved to convene into Executive Session at 10:50 p.m. to discuss items as listed above.  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.       COUNCIL RECONVENES INTO OPEN SESSION AT 11:50 P.M.

Ald. Grabowski, seconded by Ald. Lampe, moved to reconvene into Open Session at 11:50 p.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.

25.       COUNCIL TAKES ACTION ON EXECUTIVE SESSION.

Ald. Lampe, seconded by Ald. Koehler, moved to approve the paramedic service contract with Milwaukee County for the years 2004 and 2005.  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. Lampe, seconded by Ald. Kopplin, moved to approve the additional compensation for the Facilities Manager and the Personnel Specialist, and to adopt Ordinance No. 2294, as revised, fixing the salary range, salary, wages and allowances for the Accountant.  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.

26.       PRESENTED AND ADOPTED:  ORDINANCE NO. 2298, AS REVISED, AMENDING ORDINANCE NO. 2272, FIXING SALARY RANGE, SALARY, WAGES AND BENEFITS FOR ACTING CITY ADMINISTRATOR/CITY CLERK.

Ald. Lampe, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2298, as revised, amending Ordinance No. 2272, fixing the salary range, salary, wages and benefits for the Acting City Administrator/City Clerk and to note that the total cost reflected in this ordinance is $7,360.42.  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.  (It should be noted this item was discussed in Open Session.)

27.     DIRECTED HELD:  RESCINDING RESOLUTION NOS. 8903-072994 AND 10291-100703 RELATING TO COMMUNITY DEVELOPMENT AUTHORITY (CDA); ORDINANCE NO. 2297, TO ELIMINATE FINANCE COMMITTEE AND CREATE ECONOMIC DEVELOPMENT COMMITTEE; AND TO REPEAL SECTION 2.78 RELATING TO CDA.

          Ald. Lampe, seconded by Ald. Koehler, moved to hold the following:

          a.         Rescind Resolutions No. 8903-072994 and 10291-100703 relating to the Community Development Authority; and

          b.         Adopt Ordinance No. 2297, An Ordinance to Repeal and Recreate Section 2.77 of the Municipal Code to Eliminate the Finance Committee and to Create the Economic Development Committee; and to Repeal Section 2.78 relating to the Community Development Authority.

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.

28.       COUNCIL AUTHORIZES MAYOR AND CITY CLERK TO EXECUTE CIVIL RIGHTS COMPLIANCE PLAN FOR CITY OF OAK CREEK FOR 2004-2006.

Ald. Kopplin, seconded by Ald. Lampe, moved to authorize the Mayor and City Clerk to execute a Civil Rights Compliance Plan for the City of Oak Creek for 2004-2006.  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.

            ADJOURNMENT.

Ald. Koehler, seconded by Ald. Toman, moved to adjourn this meeting at 11:55 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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