PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, SEPTEMBER 19, 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, Community Public Health Officer Judith Price, Fire Chief Brian Satula, Police Chief Thomas Bauer (arrived at 7:42 p.m.) and Deputy City Clerk Pam Bauer.

Ald. Grabowski, seconded by Ald. Foeckler, moved to approve the minutes of the 9/5/06 meeting as published. All voted aye; motion carried.

1.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10674-091906, APPROVING DEPARTMENT OF HOMELAND SECURITY’S NATIONAL RESPONSE PLAN (NRP) AND ADOPTION OF NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) FOR CITY OF OAK CREEK.

            Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Resolution No. 10674-091906, approving the Department of Homeland Security’s National Response Plan (NRP) and adoption of the National Incident Management System (NIMS) for the City of Oak Creek to bring unity in response to disasters and any terrorist attacks.  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.

2.         DIRECTED FILED:  RESOLUTION NO. 10678-091906, AUTHORIZING REFERENDUM QUESTION FOR 11/7/06 BALLOT RELATED TO ACCESS TO AFFORDABLE HEALTHCARE COVERAGE FOR WISCONSIN RESIDENTS; CITY ADMINISTRATOR DIRECTED TO RETURN TO 10/3/06 COUNCIL MEETING WITH SAMPLE AMENDED RESOLUTION EXPRESSING COUNCIL CONCERNS THAT WILL BE PRESENTED AT LEAGUE OF WISCONSIN MUNICIPALITIES ANNUAL CONFERENCE. 

            As it relates to considering taking action on the request of Manitowoc Mayor Kevin Crawford on Resolution No. 10678-091906, authorizing a referendum question for the November 7, 2006 ballot related to access to affordable healthcare coverage for Wisconsin residents, Ald. Foeckler, seconded by Ald. Michalski, moved to direct the City Administrator to attend the League of Wisconsin Municipalities Annual Conference, to abstain from voting if the referendum question remains as it stands, to explain the City’s position that it supports the concept and would like more information, or if there is a friendly amendment accepted or a process to include a study, then to vote in favor.  Motion and second were withdrawn.

            After further discussion, Ald. Foeckler, seconded by Ald. Michalski, moved to file Resolution No. 10678-091906, authorizing a referendum question for the November 7, 2006 ballot related to access to affordable healthcare coverage for Wisconsin residents, and to direct the City Administrator to return to the Council on 10/3/06 with a sample amended resolution expressing Council concerns that will be presented at the League of Wisconsin Municipalities Annual Conference.  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 AUTHORIZES SETTLEMENT WITH MEYER REVOCABLE TRUST, IN CARE OF WARREN MEYER, RELATING TO CLAIM FOR EXCESSIVE ASSESSMENT FOR 2005 ASSESSMENT FOR PROPERTY AT 9472 S. 27TH ST., FOR REFUND OF 2005 PROPERTY TAXES IN AMOUNT OF $1,956.61. 

            Ald. Michalski, seconded by Ald. Grabowski, moved to authorize settlement with Meyer Revocable Trust, in care of Warren Meyer, relating to a claim for excessive assessment for the 2005 assessment for the property at 9472 S. 27th St., for a refund of 2005 property taxes in the amount of $1,956.61.  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:  RESOLUTION NO. 10677-091906, AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS RELATED TO SECURITIES REGISTERED TO CITY THROUGH EQUITABLE/AXA COMPANIES.

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10677-091906, authorizing the Mayor and City Clerk to execute documents related to securities registered to the City of Oak Creek through the Equitable/AXA Companies.  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.

5.         VENDOR SUMMARY REPORT APPROVED.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $287,442.75.  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.         LICENSE COMMITTEE.

            Ald. Grabowski, seconded by Ald. Lampe, moved to grant a run/walk license to the Oak Creek Foundation for Education on 10/7/06.  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.

7.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2429, ADJUSTING WAGES AND ALLOWANCES FOR WATER & SEWER UTILITY COMMISSION BY $50 PER MONTH AS RECOMMENDED BY PERSONNEL COMMITTEE.

            Ald. Lampe, seconded by Ald. Toman, moved to adopt Ordinance No. 2429, amending Ordinance No. 1837, adjusting the wages and allowances for the Water & Sewer Utility Commission by $50 per month as recommended by the Personnel Committee.  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.

8.         PRESENTED AND ADOPTED:  ORDINANCE NO. 2430, AMENDING SECTION 3.40(C)(15)(A) OF MUNICIPAL CODE RELATING TO INFLUENZA IMMUNIZATION FEE. 

            Ald. Grabowski, seconded by Ald. Kopplin, moved to adopt Ordinance No. 2430, amending Section 3.40(c)(15)(a) of the Municipal Code relating to the influenza immunization fee.  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.

            Note:  Items 9 through 13 were taken as one motion.

9.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10672-091906, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH WOODMAN’S FOOD MARKET, INC., FOR PROPOSED WOODMAN’S FOOD MARKET ON S. HOWELL AVE. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10672-091906, approving a storm water management practices maintenance agreement with Woodman’s Food Market, Inc., for the proposed Woodman’s Food Market on 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.

10.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10673-091906, APPROVING STORM WATER MANAGEMENT PRACTICES MAINTENANCE AGREEMENT WITH STRAMOWSKI HEATING, INC., FOR PROPOSED STRAMOWSKI HEATING DEVELOPMENT AT 6508 S. HOWELL AVE. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10673-091906, approving a storm water management practices maintenance agreement with Stramowski Heating, Inc., for the proposed Stramowski Heating development at 6508 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.

11.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10675-091906, APPROVING DEVELOPMENT AGREEMENT WITH SIKH TEMPLE OF WISCONSIN FOR INSTALLATION OF STORM WATER MANAGEMENT FACILITIES AND PUBLIC SANITARY SEWER FOR THEIR DEVELOPMENT AT 7502 AND 7512 S. HOWELL AVE. (PROJECT NO. 06068). 

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10675-091906, approving the development agreement with Sikh Temple of Wisconsin for the installation of storm water management facilities and public sanitary sewer for their development at 7502 and 7512 S. Howell Ave. (Project No. 06068).  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. 10676-091906, APPROVING AND ACCEPTING CERTAIN PUBLIC SANITARY EASEMENTS AND VACATING CERTAIN PUBLIC SANITARY SEWER EASEMENTS ACROSS REAR OF PROPERTIES AT 965 THROUGH 1239 W. VIOLET DR., ALL IN WHITE TAIL RIDGE SUBDIVISION. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10676-091906, approving and accepting certain public sanitary easements and vacating certain public sanitary sewer easements across the rear of the properties at 965 through 1239 W. Violet Dr., all in the White Tail Ridge subdivision.  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.       COUNCIL AUTHORIZES CITY ENGINEER TO CONTRACT UP TO $30,000.00 FOR REHABILITATION OF S. 20TH ST. FROM W. RYAN RD. TO 850 FEET SOUTH OF W. RYAN RD. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to authorize the City Engineer to contract up to $30,000.00 for the rehabilitation of S. 20th St. from W. Ryan Rd. to 850 feet south of W. Ryan Rd.  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.       EXECUTIVE SESSION HELD.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session at 7:44 p.m., pursuant to Wisconsin State Statutes to discuss the following:

  1. Section 19.85(1)(c) to discuss the appointment of a candidate to the position of Dispatch Manager (formerly named Administrative Support Bureau Manager) and the salary for the position; and
  2. Section 19.85(1)(g) to discuss strategy with respect to the pending lawsuit brought by Oak Creek Citizen’s Action Committee.

            Motion, with second agreeing, was amended to include in sub (b) further litigation that the City would likely become involved in with respect to this matter.  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.       COUNCIL RECONVENES INTO OPEN SESSION.

            Ald. Grabowski, seconded by Ald. Foeckler, moved to reconvene into Open Session at 8:15 p.m.  All voted aye; motion carried.

16-17.  PRESENTED AND ADOPTED:  ORDINANCE NO. 2428, RENAMING POSITION OF ADMINISTRATIVE SUPPORT BUREAU MANAGER TO DISPATCH MANAGER, ESTABLISHING SALARY FOR THAT POSITION, APPOINTING REBECCA LEIGH TO POSITION OF DISPATCH MANAGER, AND REPEALING REFERENCE TO ACTING ADMINISTRATIVE SUPPORT BUREAU MANAGER POSITION FROM ORDINANCE NO. 2398.

            Ald. Lampe, seconded by Ald. Toman, moved to adopt Ordinance No. 2428, renaming the position of Administrative Support Bureau Manager to Dispatch Manager, establishing a salary for that position, appointing Rebecca Leigh to the position of Dispatch Manager and repealing the reference to the Acting Administrative Support Bureau Manager position from 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.

18.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10679-091906, APPROVING CSM FOR GIUFFRE XX LLC, 7929, 8081 AND 8131 S. HOWELL AVE. 

            Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10679-091906, approving a certified survey map for Giuffre XX LLC, 7929, 8081 and 8131 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.

ADJOURNMENT.

Ald. Lampe, seconded by Ald. Grabowski, moved to adjourn this meeting at 8:17 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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