PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, JANUARY 16, 2007, 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, Police Chief Thomas Bauer, Director of Parks, Recreation and Forestry Douglas Schachtner, and Deputy City Clerk Pam Bauer.

Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the minutes of the 1/3/07 meeting as published. All voted aye; motion carried.

1.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10722-010307, APPROVING DEVELOPMENT AGREEMENT WITH WALTER J. YAKICH REVOCABLE TRUST (DEVELOPER) FOR INSTALLATION OF PUBLIC IMPROVEMENTS OF WATER MAIN, SANITARY SEWER, STORM SEWER, STREET LIGHTING, STREET TREES, PUBLIC ROAD AND STORM WATER MANAGEMENT FACILITIES AT 9940 S. RIDGEVIEW DR.; SIGNING OF DEVELOPMENT AGREEMENT BY CITY AND ITS RECORDING CONDITIONED UPON RECEIPT OF EASEMENT FROM YAKICH TRUST.

            Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10722-010307, approving a development agreement with Walter J. Yakich Revocable Trust (developer) for the installation of public improvements of water main, sanitary sewer, storm sewer, street lighting, street trees, public road and storm water management facilities at 9940 S. Ridgeview Dr., pending the easement for the cul de sac.  Motion, with second agreeing, was amended that the signing of the development agreement by the City and its recording shall be conditioned upon receipt of the easement from the Walter J. Yakich RevocableTrust.  On roll call, the vote was as follows:  Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

2.         COUNCIL SUPPORTS STATE LEGISLATION’S ADOPTION OF PROVISIONS FORMALLY INTRODUCED AS AB-818 CONCERNING PAYMENTS MADE TO MUNICIPALITIES THAT HOST ELECTRICAL GENERATION FACILITIES, AND ALLOCATES FUNDS NOT TO EXCEED $27,000.00 TO LOBBY SUPPORT FOR THIS PROVISION IN 2007-08 BIENNIUM STATE BUDGET. 

            Ald. Grabowski, seconded by Ald. Kopplin, moved to support the State Legislation’s adoption of the provisions formally introduced as AB-818 concerning payments made to municipalities that host electrical generation facilities, and to allocate funds not to exceed $27,000.00 to lobby the support for this provision in the 2007-08 biennium state budget (if determined appropriate, a resolution in support will appear on the 2/6/07 agenda).  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.         DIRECTED HELD:  COUNCIL ACTION TO CONSIDER ABSORBING OAK CREEK PORTION OF 2007 STORM WATER UTILITY FEE AND CHARGES FOR STATE WEIGHTS AND MEASURES INSPECTIONS FOR FISCAL YEAR 7/1/05-6/30/06 FOR OAK CREEK-FRANKLIN JOINT SCHOOL DISTRICT.

            Council action on the following was directed held:

  1. Consider absorbing the Oak Creek portion of the 2007 storm water utility fee for the Oak Creek-Franklin Joint School District; and
  2. Consider absorbing the Oak Creek portion of the charges to the Oak Creek-Franklin Joint School District for state weights and measures inspections for fiscal year 7/1/05-6/30/06.

            (A meeting is scheduled with Dr. Larsen, and an inquiry will be made with other communities as to their practices in the exchange of fees and permits and services between school districts and municipalities.)

4.         COUNCIL APPROVES APPOINTMENTS OF ELECTION OFFICIALS FOR ONE-YEAR PERIOD 1/1/07 THROUGH 12/31/07.

            Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the appointments of election officials for the one-year period of 1/1/07 through 12/31/07.  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.         DIRECTED HELD:  ORDINANCE NO. 2444, RELATING TO TERM OF EMPLOYMENT FOR SANITARIAN.

            Ordinance No. 2444, relating to the term of employment for the Sanitarian was directed held for research by staff to determine who is authorized to make the appointment to the position. 

6.         PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 07-02, GRATITUDE TO SCOTT GRONLAND FOR DEDICATED SERVICE AS MEMBER OF POLICE & FIRE COMMISSION. 

            Ald. Grabowski, seconded by Ald. Kopplin, moved to adopt Council Proclamation No. 07-02, gratitude to Scott Gronland for dedicated service to the City of Oak Creek as a member of the Police & Fire Commission.  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.         DIRECTED HELD:  COUNCIL ACTION TO CONCUR WITH MAYOR’S APPOINTMENT OF TERRY PETERSON, 8590 S. STONEFIELD DR., POLICE & FIRE COMMISSION.

            Council action to concur with the Mayor’s appointment of Terry Peterson, 8590 S. Stonefield Dr., to the Police & Fire Commission to complete a term expiring 4/09 was directed held.

8.         DIRECTED HELD:  COUNCIL ACTION TO CONCUR WITH MAYOR’S APPOINTMENT OF CAL NOWAK, 9850 S. DEERPATH DR., TO PLAN COMMISSION.

            Council action to concur with the Mayor’s appointment of Cal Nowak, 9850 S. Deerpath Dr., to the Plan Commission for a three-year term expiring 4/09 was directed held.

9.         VENDOR SUMMARY REPORT APPROVED.

            Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $768,417.08.  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.       LICENSE COMMITTEE.

            Ald. Grabowski, seconded by Ald. Foeckler, moved to grant an Operator’s license to Robert Kevin Marquardt, 1506 S. Sherwood Dr., New Berlin (Big Mouth Frog).  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.       COUNCIL APPROVES FILLING 1,500 HOUR PER YEAR PERMANENT PART-TIME PARK LABORER POSITION. 

            Ald. Lampe, seconded by Ald. Grabowski, moved to approve the request of the Director of Parks, Recreation and Forestry to fill a 1,500 hour per year permanent part-time Park Laborer 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 AMENDMENT TO AGREEMENT BETWEEN MILWAUKEE COUNTY DEPARTMENT OF PARKS, RECREATION AND CULTURE AND CITY OF OAK CREEK FOR PARCEL OF LAND KNOWN AS OAK CREEK PARKWAY (CAMELOT PARK). 

            Ald. Kopplin, seconded by Ald Michalski, moved to approve an Amendment to the Agreement between Milwaukee County Department of Parks, Recreation and Culture and the City of Oak Creek for the parcel of land known as Oak Creek Parkway (Camelot Park).  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 STAFF TO OBTAIN APPRAISAL FOR ACQUISITION OF PORTIONS OF PROPERTY AT 1020 E. FOREST HILL AVE. AS PART OF IMPLEMENTATION OF ABENDSCHEIN COMMUNITY PARK MASTER PLAN. 

            Ald. Lampe, seconded by Ald. Grabowski, moved to authorize staff to obtain an appraisal for the acquisition of portions of the property at 1020 E. Forest Hill Ave. as part of the implementation of the Abendschein Community Park Master Plan.  On roll call, the vote was as follows:  Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Lampe, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

14.       COUNCIL APPROVES POLICE DEPARTMENT’S PURCHASE OF ONE 2007 CHEVROLET UPLANDER MINI VAN (UNMARKED POLICE VEHICLE) IN AMOUNT OF $15,791.00 THROUGH V.A.L.U.E. BID FROM HOLZ MOTORS, TO REPLACE SQUAD INVOLVED IN ACCIDENT AND DETERMINED TO BE TOTAL LOSS. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Police Department’s purchase of one 2007 Chevrolet Uplander mini van (unmarked police vehicle) in the amount of $15,791.00 through the V.A.L.U.E. bid from Holz Motors, to replace a squad involved in an accident and determined to be a total loss.  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 APPROVES POLICE DEPARTMENT’S PURCHASE OF FOUR 2007 FORD CROWN VICTORIA POLICE MARKED SQUADS AND ONE 2007 CHEVROLET TAHOE 2WD POLICE MARKED SQUAD THROUGH STATE BID AWARDED TO EWALD AUTOMOTIVE, IN TOTAL AMOUNT OF $110,382.00. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Police Department’s purchase of four 2007 Ford Crown Victoria police marked squads and one 2007 Chevrolet Tahoe 2WD police marked squad through the state bid awarded to Ewald Automotive, in the total amount of $110,382.00.  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.

            Note:  Items 16 through 18 were taken as one motion.

16.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT INVOICE PAYMENTS FOR VARIOUS PROJECTS.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to authorize payment of the contract invoice payment for Project No. 96030 (Pennsylvania Ave. bridge); Project No. 00015 (Traffic signal construction at intersection of Hwy. 100 and 22nd St.); and Project No. 04022 (Ryan Rd. reconstruction).  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.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR PROJECT NO. 06012. 

            Ald. Foeckler, seconded by Ald. Grabowski, moved to authorize payment of the contract progress payments for Project No. 06012.  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 AUTHORIZES PAYMENT OF CONTRACT PAYMENTS FOR PROJECT NO. 06010 (DREXEL AVE.), AND PROJECT NO. 06011 (INTERSECTION OF PUETZ RD. AND SHEPARD AVE.). 

            Ald. Foeckler, seconded by Ald. Grabowski, moved to authorize payment of the contract payments for Project No. 06010 (Drexel Ave.), and Project No. 06011 (intersection of Puetz Rd. and Shepard 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.

19.       EXECUTIVE SESSION HELD.

            Ald. Foeckler, seconded by Ald. Kopplin, moved to convene into Executive Session at 8:07 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(g) to discuss potential litigation as it relates to requiring installation of sidewalks in Oak Leaf Estates.  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.

20-21.  COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.

            Ald. Foeckler, seconded by Ald. Kopplin, moved to reconvene into Open Session at 8:25 p.m.  All voted aye; motion carried.  No action was taken.

22.       COUNCIL AUTHORIZES STAFF TO RETAIN FINANCIAL ADVISOR TO ANALYZE DEVELOPER REQUESTS FOR FINANCIAL ASSISTANCE WITHIN TIF DISTRICTS. 

            Ald. Michalski, seconded by Ald. Kopplin, moved to authorize staff to retain a financial advisor to analyze developer requests for financial assistance within Tax Incremental Financing (TIF) districts.  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 8:25 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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