PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, MAY 2, 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, 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, Fire Chief Brian Satula, and City Clerk Beverly Buretta.

Ald. Grabowski, seconded by Ald. Toman, moved to approve the minutes of the 4/18/06 and 4/27/06 meetings as published. All voted aye; motion carried.

1.         COMMON COUNCIL PRESIDENT MAKES ALDERMANIC APPOINTMENTS.

            Common Council President Aldermanic Appointments (held 4/18/06):

1. Personnel Committee (minimum of 2) – 3 – Ald. Lampe, Chair; Ald. Toman
2. Capital Improvements Committee – 3 – Ald. Toman; Ald. Michalski; Ald. Foeckler, Chair
3. License Committee -3 Ald. Grabowski, Chair; Ald. Foeckler; Ald. Michalski
4. Plan Commission Representatives – 2 – Ald. Kopplin; Ald. Grabowski
5. Board of Health Representative – 1 – Ald. Kopplin
6. Emergency Government Committee Representative – 1 (plus Council President) – Ald. Foeckler; Ald. Lampe
7. Parks, Recreation and Forestry Commission – 1 – Ald. Lampe
8. Cable Advisory Committee – 1 – Ald. Grabowski
9. Traffic and Safety Commission – 1 – Ald. Michalski

2.         MAYOR MAKES ALDERMANIC APPOINTMENTS.

            Mayor’s Aldermanic Appointments (held 4/18/06):

1. Library Board – 1 – Ald. Toman
2. Community Development Authority (CDA) (2) – Ald. Lampe; Ald. Michalski
3. Community Center Board of Directors – 1 – Ald. Grabowski
4. ad hoc Bender Park Committee – 2 - HELD
5. Small Claims Committee – 1 – Ald. Foeckler

3.         COUNCIL CONCURS WITH MAYOR’S (RE)APPOINTMENTS TO VARIOUS BOARDS/COMMISSIONS.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to concur with the Mayor’s (re)appointments as follows (*denotes a new appointment). 

1. Civil Service Commission – 5-year term to expire 4/11
• John Przybyla
2. Environmental Advisory Committee – 2-year term to expire 4/08
• Dennis Havey
• Jeauann Hofmann
• David Shekoski
3. Board of Zoning/Housing Appeals – 3-year term to expire 4/09
• Stacy Henne
• Donald Schantzen (becomes Alt. 1)
• *Stephen Scaffidi, 8422 S. Griffin Ave. (Alt. 2) (due to the resignation of Robert Bosetti from this board)

            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.

4.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2394, RELATING TO POSITION OF ZONING ADMINISTRATOR/PLANNER. 

            Ald. Lampe, seconded by Ald. Toman, moved to adopt Ordinance No. 2394, relating to the position of Zoning Administrator/Planner.  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. Michalski, aye.

5.         STAFF DIRECTED TO PREPARE RESOLUTION ESTABLISHING POLICY ON PUBLIC ROADWAY IMPROVEMENTS WITH CERTIFIED SURVEY MAPS AND OTHER DEVELOPMENTS.

            After discussion by the Council relating to establishing a policy on public roadway improvements with certified survey maps and other developments, this matter was referred to staff for preparation of a resolution, to return to the Council for action.

6.         PRESENTATION MADE BY MR. GEORGE PETAK ON RECENTLY-ENACTED WE ENERGIES’ MITIGATION LEGISLATION, AB615.

            No action was required after a presentation by Mr. George Petak on the recently-enacted WE Energies’ mitigation legislation, AB615.

7.         DIRECTED HELD TO 6/5/06 MEETING:  COUNCIL PROCLAMATION 06-08, CONGRATULATIONS TO MARIJO GIBLIN FOR RECEIVING GIRL SCOUT GOLD AWARD.

            Council Proclamation 06-08, congratulations to Marijo Giblin for receiving the Girl Scout Gold Award was directed held to the 6/5/06 meeting.

8.         PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 06-09, COMMENDATION TO ROBERTA ZAPP AS MEMBER OF BOARD OF HEALTH. 

            Ald. Lampe, seconded by Ald. Toman, moved to adopt Council Proclamation No. 06-09, commendation to Roberta Zapp for dedicated service to the City of Oak Creek as a member of the Board of Health.  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.         COUNCIL CONCURS WITH MAYOR’S APPOINTMENT OF LINDA STRUHAR TO BOARD OF HEALTH.

            Ald. Grabowski, seconded by Ald. Kopplin, moved to concur with the Mayor’s appointment of Linda Struhar, 9991 S. McGraw Dr., to the Board of Health to complete a term expiring 9/08.  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.       COUNCIL DESIGNATES SUNDAY, OCTOBER 29 FROM 4:00 P.M. TO 6:00 P.M. AS THE CITY’S OFFICIAL “TRICK OR TREAT”.

            Ald. Grabowski, seconded by Ald. Michalski, moved to concur with the recommendation of the Celebrations Commission and designate Sunday, October 29 from 4:00 p.m. to 6:00 p.m. as the City’s official “Trick or Treat”.  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. Michalski, aye.

11.       COUNCIL APPROVES SIDE LETTER OF AGREEMENT WITH AFSCME LOCAL 133 REGARDING NEWLY-CREATED FABRICATOR/WELDER/SERVICE TECHNICIAN POSITION. 

            Ald. Lampe, seconded by Ald. Toman, moved to concur with the recommendation of the Personnel Committee to approve a Side Letter of Agreement with AFSCME Local 133 regarding the newly-created Fabricator/Welder/Service Technician 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.

12.       COUNCIL APPROVES SOLICITING PROPOSALS FROM QUALIFIED FIRMS TO CONDUCT COMPREHENSIVE SALARY STUDY OF THOSE NON-REPRESENTED POSITIONS INCLUDED IN 2006 SALARY ORDINANCE NO. 2398. 

            Ald. Toman, seconded by Ald. Lampe, moved to concur with the recommendation of the Personnel Committee to solicit proposals from qualified firms to conduct a comprehensive salary study of those non-represented positions included in the 2006 salary ordinance No. 2398.  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 AS AMENDED:  ORDINANCE NO. 2398, FIXING SALARY RANGES, WAGES AND ALLOWANCES FOR NON-UNION AND MANAGEMENT PERSONNEL AND OTHER CITY OFFICES AND POSITIONS FOR YEAR 2006.

            Ald. Lampe, seconded by Ald. Toman, moved to adopt Ordinance No. 2398, fixing the salary ranges, wages and allowances for non-union and management personnel and other City offices and positions for the year 2006, with Section 5 amended to include, “all non-union and management employees”.  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. Michalski, aye.

14.       PRESENTED AND ADOPTED:  ORDINANCE NO. 2401, ESTABLISHING SALARY RANGES, WAGES AND ALLOWANCES FOR PART-TIME PERSONNEL AND OTHER CITY OFFICES FOR YEAR 2006. 

            Ald. Lampe, seconded by Ald. Toman, moved to adopt Ordinance No. 2401, establishing the salary ranges, wages and allowances for part-time personnel and other City offices for the year 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. Michalski, aye.

15.       PRESENTED AND ADOPTED:  ORDINANCE NO. 2402, REVISING AUTO EXPENSE ALLOWANCES FOR MAYOR AND COMMON COUNCIL. 

            Ald. Toman, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2402, revising the auto expense allowances for the Mayor and Common Council.  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.       PRESENTED AND ADOPTED:  ORDINANCE NO. 2403, CREATING SECTION 10.51 OF MUNICIPAL CODE PROHIBITING USE OF COMPRESSION BRAKES (“JAKE BRAKES”) ON ANY HIGHWAY WITHIN CITY OF OAK CREEK. 

            Ald. Foeckler, seconded by Ald. Michalski, moved to adopt Ordinance No. 2403, creating Section 10.51 of the Municipal Code prohibiting the use of Compression Brakes (“Jake Brakes”) on any highway within the 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.

17.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10636-050206, RESCINDING RESOLUTION NO. 9208-061796, AND RESTATING CITY’S INVESTMENT POLICY. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10636-050206, rescinding Resolution No. 9208-061796, and restating the City’s Investment Policy.  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10637-050206, MODIFYING RESOLUTION NO. 10549-092005, NAMING PUBLIC DEPOSITORIES AND AUTHORIZING INVESTMENT AGENCY AGREEMENT BETWEEN CITY OF OAK CREEK AND MARSHALL & ILSLEY (M&I) TRUST COMPANY NA. 

            Ald. Grabowski, seconded by Ald. Lampe, moved to adopt Resolution No. 10637-050206, modifying Resolution No. 10549-092005, naming Public Depositories and Authorizing an Investment Agency Agreement between the City of Oak Creek and Marshall & Ilsley (M&I) Trust Company NA.  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.

19.       VENDOR SUMMARY REPORT APPROVED.

            Ald. Grabowski, seconded by Ald. Foeckler, moved to approve the Vendor Summary Report in the amount of $292,467.02.  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.

20.       LICENSE COMMITTEE.

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

1. Grant a renewal amusement operator and amusement devices license:
• Marcus Theatres of Wisconsin, LLC (South Shore Cinema), 7261 S. 13^th St.
• TRS Amusement Devices, 9023 S. York Ct., Oak Creek
2. Grant a transient merchant license and approve salespersons:
• Weather Tight Corp., 10700 Venture Dr., Franklin, selling home improvements and
• Salespersons:
• Michael Stempel, 2029 N. 58^th St., Milwaukee
• Brandon Roush, 8530 S. Sharon Dr., Oak Creek
• Jonathon Schmelter, 6210 W. Edgerton Ave., Greenfield
• Peter Eiche, W139 S6940 Sherwood Cl., Muskego
3. Grant an Operator’s license:
• Brenda E. Long, 2911 E. Hampshire Ave., Milwaukee (Applebee’s)
• Roberta Lynn Rigden, 7867 S. Pennsylvania Ave. (Bender Park Pub)
• Bobbilyn Tuska, 5529 S. Disch Ave., Cudahy (The Saloon)
• Janine Montoya, 1416 E. Van Beck Ave., Milwaukee (Oak Hills)

            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.

21.       DIRECTED HELD:  RESOLUTION NO. 10634-050206, APPROVING CSM FOR PARKWAY APOSTOLIC CHURCH AT 10820, 10940 AND 10970 S. NICHOLSON RD.

            Resolution No. 10634-050206, approving a certified survey map for the Parkway Apostolic Church at 10820, 10940 and 10970 S. Nicholson Rd. was directed held, with the Department of Community Development to notify Parkway Apostolic Church.

22.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10635-050206, APPROVING FINAL PLAT FOR PIONEER ESTATES ADDITION NO. 4. 

            Ald. Lampe, seconded by Ald. Grabowski, moved to adopt Resolution No. 10635-050206, approving the final plat for Pioneer Estates Addition No. 4.  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.

23.       COUNCIL ACKNOWLEDGES AND FILES REQUEST BY UNIVERSITY OF WISCONSIN EXTENSION TO USE COUNTY-OWNED PROPERTY AT 1800 E. FOREST HILL AVE. FOR GARDEN RENTAL PLOTS. 

            Ald. Lampe, seconded by Ald. Grabowski, moved to acknowledge and file the request by the University of Wisconsin Extension to use the County-owned property at 1800 E. Forest Hill Ave. for garden rental plots.  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.

24.       DIRECTED HELD:  DISCUSSION AND POSSIBLE RESPONSE TO DEVELOPER’S REQUEST TO REDUCE SIDEWALK REQUIREMENTS FOR OAK LEAF ESTATES DEVELOPMENT (PROJECT NO. 05035).

            Discussion and possible response to a developer’s request to reduce the sidewalk requirements for Oak Leaf Estates development (Project No. 05035) was directed held.

25.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10633-050206, APPROVING DEVELOPMENT AGREEMENT WITH KAYRICH PROPERTIES, LLC, FOR INSTALLATION OF PUBLIC WATER MAIN THAT WILL ACCOMMODATE THEIR BUILDING EXPANSION PLANS FOR COLUMBIA GRINDING AT 7411 S. 10^TH ST. (PROJECT NO. 06056). 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10633-050206, approving the development agreement with Kayrich Properties, LLC, for the installation of public water main that will accommodate their building expansion plans for Columbia Grinding at 7411 S. 10^th St. (Project No. 06056).  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.

26.       COUNCIL AWARDS 2006 ROAD IMPROVEMENTS UNIT PRICE CONTRACT TO PAYNE & DOLAN, INC., AT ESTIMATED COST OF $716,388.00 (PROJECT NOS. 06015 THROUGH 06020), REJECTS BID RECEIVED FROM WM. BEAUDOIN & SONS AND RETURNS BID BOND AT THEIR REQUEST DUE TO ERROR IN HOW THEIR “ALTERNATE A” WAS ADDED; AND WAIVES BID IRREGULARITY OF PAYNE & DOLAN IN WHICH THEY DID NOT ACKNOWLEDGE ADDENDUM NO. 2 ON BID FORM. 

            Ald. Lampe, seconded b Ald. Michalski, moved to award the 2006 road improvements unit price contract to the lowest responsive, responsible bidder, Payne & Dolan, Inc., at an estimated cost of $716,388.00 (Project Nos. 06015 through 06020), and to:

1. Reject the bid received from Wm. Beaudoin & Sons and return their bid bond at their request due to an error in how their “Alternate A” was added; and
2. Waive the bid irregularity of Payne & Dolan in which they did not acknowledge Addendum No. 2 on the bid form. 

            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. Michalski, aye.

27.       COUNCIL AUTHORIZES PURCHASE OF 55 STREET LIGHT POLES AND FIXTURES (LUMEC) FOR REPLACEMENT IN CAMELOT PARKWAY SUBDIVISION, AT TOTAL COST OF APPROXIMATELY $86,000.00. 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to authorize the purchase of 55 street light poles and fixtures (Lumec) for replacement in the Camelot Parkway subdivision, at a total cost of approximately $86,000.00.  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. Michalski, aye.

28.       EXECUTIVE SESSION HELD.

            Ald. Grabowski, seconded by Ald. Lampe, moved to convene into Executive Session at 8:55 p.m., pursuant to Wisconsin State Statutes, to discuss the following:

1. Section 19.85(1)(e) to discuss issues regarding a 1986 agreement between the City of Oak Creek and the MMSD regarding the vacant land at Howell Ave. and Oakwood Rd.;
2. Section 19.85(1)(g) to discuss pending litigation regarding Oak Creek Citizens Action Committee and Mark Verhalen versus the City of Oak Creek and Common Council relating to a petition for direct legislation filed with the City of Oak Creek to require referendum approval for municipally-financed capital expenditures exceeding $2 million; and
3. Section 19.85(1)(e) to discuss acquisition of right-of-way in the vicinity of W. Oakwood Rd. and S. Howell 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.

29-30.  COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.

            Ald. Lampe, seconded by Ald. Toman, moved to reconvene into Open Session at 10:05 p.m.  All voted aye; motion carried.  No action was taken on the Executive Session discussions.

            ADJOURNMENT.

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adjourn this meeting at 10:05 p.m. All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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