PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, NOVEMBER 21, 2006, 7:00 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 7:00 p.m. On roll call, the following aldermen were present: Ald. Kopplin, Ald. Foeckler, Ald. Lampe (arrived at 7:05 p.m.), Ald. Toman, Ald. Grabowski, and Ald. Michalski. Also present were: City Administrator Patrick DeGrave, City Attorney Lawrence Haskin, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Director of Parks, Recreation and Forestry Douglas Schachtner, Police Chief Thomas Bauer, and Deputy City Clerk Pam Bauer.

Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the minutes of the 11/8/06 and 11/13/06 meetings as published. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Lampe was not present for the vote.

1. INFORMATIONAL: COUNCIL PRESIDENT’S APPOINTMENT OF ALD. MICHALSKI TO PERSONNEL COMMITTEE AS THIRD MEMBER.

The Council President’s appointment of Ald. Michalski to the Personnel Committee as the third member was informational only.

2. COUNCIL SETS PRIMARY DATE OF TUESDAY, 1/30/07 AND ALTERNATE DATE OF MONDAY, 1/29/07 AT 7 PM TO HEAR DOCUMENTATION AND TESTIMONY REGARDING LEPINE ENTERPRISES, INC.’S USE OF PROPERTY AT 9540 S. PENNSYLVANIA AVE.

Ald. Lampe, seconded by Ald. Grabowski, moved to set a primary date of Tuesday, 1/30/07 and an alternate date of Monday, 1/29/07 at 7:00 p.m., to hear documentation and testimony regarding LePine Enterprises, Inc.’s use of the property at 9540 S. Pennsylvania 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. Michalski, aye.

3. COUNCIL CONCURS WITH MAYOR’S REAPPOINTMENTS TO CDA.

Ald. Grabowski, seconded by Ald. Michalski, moved to concur with the Mayor’s reappointments to the Community Development Authority (CDA) as follows:

Donald Gassenhuber, for a 3-year term expiring December 2009
Marie Myszkowski, for a 4-year term expiring December 2010
James Ruetz, for a 4-year term expiring December 2010

On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Lampe was not present for the vote.

4. VENDOR SUMMARY REPORT APPROVED.

Ald. Michalski, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $267,764.69. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Lampe was not present for the vote.

5. LICENSE COMMITTEE.

Ald. Grabowski, seconded by Ald. Michalski, moved to take the following action:

Uphold the denial of an Operator’s license to Brian William Memmel, 3888 S. Miner, Milwaukee (Southbound); and
Grant an Operator’s license to the following:
Victoria Marie Hollowell, 9332 S. Orchard Park Circle
Melissa L. Anastasi, 2689 W. Honadel Blvd. (Jeff’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. Michalski, aye.

6. DIRECTED HELD: COUNCIL APPROVAL OF DEPARTMENT OF PARKS, RECREATION AND FORESTRY TO USE 2005 AND 2006 CEP FUND BALANCES TO PURCHASE V-PLOW IN AMOUNT OF $6,750.00.

Council approval of the Department of Parks, Recreation and Forestry to use 2005 and 2006 CEP fund balances to purchase a V-plow in the amount of $6,750.00 was directed held.

7. COUNCIL APPROVES POLICE DEPARTMENT’S PURCHASE OF TWO PRO-TECH “BODY BUNKER” BALLISTIC SHIELDS TO BE USED BY EMERGENCY RESPONSE UNIT AT TOTAL COST OF $7,390.00.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Police Department’s purchase of two Pro-Tech “Body Bunker” Ballistic Shields to be used by the Emergency Response Unit at a total cost of $7,390.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye. Ald. Lampe was not present for the vote.

8. COUNCIL APPROVES POLICE DEPARTMENT’S PURCHASE OF TEN (10) ADVANCED X26 TASERS, INCLUDING THIGH RIGS (TO HOLSTER THE TASERS), TO BE KEPT IN EACH MARKED OAK CREEK POLICE DEPARTMENT SQUAD, AT TOTAL COST OF $8,615.50.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Police Department’s purchase of ten (10) Advanced X26 Tasers, including thigh rigs (to holster the Tasers), to be kept in each marked Oak Creek Police Department squad, at a total cost of $8,615.50. 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. Michalski, aye.

9. PRESENTED AND ADOPTED: RESOLUTION NO. 10700-112106, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH MAYHEW DEVELOPMENT, LLC FOR PROPOSED MAYHEW DRIVE PROFESSIONAL OFFICES AT 8870 S. MAYHEW DR.

Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10700-112106, approving the storm water management practices maintenance agreement with Mayhew Development, LLC for the proposed Mayhew Drive Professional Offices at 8870 S. Mayhew Dr. 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. Michalski, aye.

10. DIRECTED HELD: RESOLUTION NO. 10701-112106, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH HERGET PLAVSIC DEVELOPMENT, LLC, FOR PROPOSED BLUFFS OF OAK CREEK SUBDIVISION AT NE CORNER OF E. OAKWOOD RD. AND S. CHICAGO RD.

Resolution No. 10701-112106, approving a storm water management practices maintenance agreement with Herget Plavsic Development, LLC, for the proposed Bluffs of Oak Creek subdivision at the northeast corner of E. Oakwood Rd. and S. Chicago Rd. was directed held.

11. PRESENTED AND ADOPTED: RESOLUTION NO. 10703-112106, AUTHORIZING SUBMITTAL OF BROWNFIELDS SITE ASSESSMENT GRANT APPLICATION FOR WABASH ALLOYS PROPERTY AT 9100 S. 5^TH AVE., WITH PROVISION THAT ANY REQUIRED LOCAL MATCHING FUNDS BE PROVIDED BY K-2 DEVELOPMENT, AND CONTINGENT UPON K-2 ENTERING INTO SIGNED AGREEMENT TO THAT EFFECT.

Ald. Toman, seconded by Ald. Kopplin, moved to adopt Resolution No. 10703-112106, authorizing the submittal of a brownfields site assessment grant application for the Wabash Alloys property at 9100 S. 5^th Ave., with the provision that any required local matching funds be provided by K-2 Development, and contingent upon K-2 entering into a signed agreement to that effect. 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. Michalski, aye.

12. PRESENTED AND ADOPTED: RESOLUTION NO. 10704-112106, APPROVING CSM FOR 10101 S. HOWELL AVE., SUBMITTED BY OPUS NORTH CORPORATION.

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10704-112106, approving the certified survey map for 10101 S. Howell Ave., submitted by the Opus North Corporation. 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. Michalski, aye.

13. PRESENTED AND ADOPTED: RESOLUTION NO. 10705-112106, APPROVING AFFIDAVIT OF CORRECTION FOR CSM NO. 7769 (HEARTLAND DEVELOPMENT GROUP, LTD.).

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10705-112106, approving an affidavit of correction for Certified Survey Map No. 7769 (Heartland Development Group, Ltd.). 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. Michalski, aye.

14. PRESENTED AND ADOPTED: RESOLUTION NO. 10706-112106, APPROVING CSM FOR PROPERTIES AT 2340 AND 2320 W. RYAN RD. SUBMITTED BY ATOUT REAL ESTATE, LLC (TCF BANK).

Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10706-112106, approving the certified survey map for the properties at 2340 and 2320 W. Ryan Rd. submitted by Atout Real Estate, LLC (TCF Bank). 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. Michalski, aye.

15. EXECUTIVE SESSION HELD.

Ald. Foeckler, seconded by Ald. Kopplin, moved to convene into Executive Session at 8:00 p.m., pursuant to Wisconsin State Statutes, to discuss the following:

Section 19.85(1)(c) to discuss the promotion of an employee to the vacant Emergency Services Dispatch Supervisor position, as well as the wages and benefits for this position; and
Section 19.85(1)(g) to discuss the proposed settlement of a pending lawsuit relating to Kathleen Ryser-Donnelly v. City of Oak Creek.

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. Michalski, aye.

16. COUNCIL RECONVENES INTO OPEN SESSION.

Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at 8:10 p.m. All voted aye; motion carried.

17. COUNCIL CONFIRMS APPOINTMENT OF MICHELLE EKES TO POSITION OF EMERGENCY SERVICES DISPATCH SUPERVISOR, AND ADOPTS ORDINANCE NO. 2434, RELATING TO SALARY FOR THE POSITION.

Ald. Toman, seconded by Ald. Lampe, moved to confirm the appointment of Michelle Ekes to the position of Emergency Services Dispatch Supervisor, and to adopt Ordinance No. 2434, relating to the salary for the position. 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. Michalski, aye.

18. COUNCIL APPROVES PROPOSED SETTLEMENT ON CLAIM OF KATHLEEN RYSER-DONNELLY V. CITY OF OAK CREEK.

Ald. Foeckler, seconded by Ald. Kopplin, moved to approve the proposed settlement on the claim of Kathleen Ryser-Donnelly v. City of Oak Creek. 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. Michalski, aye.

ADJOURNMENT.

Ald. Foeckler, seconded by Ald. Grabowski, moved to adjourn this meeting at 8:10 p.m. All voted aye; motion carried.

ATTEST:

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