TUESDAY, DECEMBER 18, 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 alderpersons were present: Ald. Kopplin, Ald. Foeckler, Ald. Verhalen, 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, Assistant Fire Chiefs Thomas Rosandich and George Krudop, Director of Parks, Recreation and Forestry Douglas Schachtner, City Forester Rebecca Lane, Finance Manager RoseAnn Underberg, and City Clerk Beverly Buretta.
Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 12/4/07 meeting as published. On roll call, the vote was as follows: Ald. Kopplin abstained from voting; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
1. PUBLIC HEARING HELD TO CONSIDER ADOPTION OF ORDINANCE NO. 2482, TO CREATE SECTION 2.24(F) OF MUNICIPAL CODE WHICH WOULD REQUIRE A BINDING REFERENDUM PRIOR TO COMMENCEMENT OF ANY CAPITAL PROJECT TO RECONSTRUCT, REMODEL OR REBUILD CITY HALL, FIRE STATION NO. 1 OR CITY LIBRARY, OR TO CONSTRUCT A NEW CITY HALL, FIRE STATION NO. 1 OR CITY LIBRARY REQUIRING CITY CAPITAL EXPENDITURE OF $2.5 MILLION OR MORE.
A public hearing was held to consider the adoption of Ordinance No. 2482, an ordinance to Create Section 2.24(f) of the Municipal Code which would require a binding referendum prior to commencement of any capital project to reconstruct, remodel or rebuild City Hall, Fire Station No. 1 or City Library, or to construct a new City Hall, Fire Station No. 1 or City Library requiring a city capital expenditure of $2.5 million or more. If the ordinance is adopted, it would not preclude the City from planning or designing such a project. This ordinance would be considered an ordinance adopted pursuant to a direct legislation petition as provided in Wis. Stats. Sec. 9.20. If this ordinance is adopted, it will result in the dismissal of the lawsuit brought by Oak Creek Citizen’s Action Committee and Mark Verhalen against the City – Milwaukee County Circuit Court Case No. 06CV003863. A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).
2. PRESENTED AND ADOPTED AS REVISED: ORDINANCE NO. 2482, AN ORDINANCE TO CREATE SECTION 2.24(F) OF MUNICIPAL CODE WHICH WOULD REQUIRE A BINDING REFERENDUM PRIOR TO COMMENCEMENT OF ANY CAPITAL PROJECT TO RECONSTRUCT, REMODEL OR REBUILD CITY HALL, FIRE STATION NO. 1 OR CITY LIBRARY, OR TO CONSTRUCT A NEW CITY HALL, FIRE STATION NO. 1 OR CITY LIBRARY REQUIRING A CITY CAPITAL EXPENDITURE OF $2.5 MILLION OR MORE.
Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Ordinance No. 2482, as revised, an ordinance to create Section 2.24(f) of the Municipal Code which would require a binding referendum prior to commencement of any capital project to reconstruct, remodel or rebuild City Hall, Fire Station No. 1 or City Library, or to construct a new City Hall, Fire Station No. 1 or City Library requiring a city capital expenditure of $2.5 million or more. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen abstained from voting; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
3. MAYOR BREAKS TIE VOTE TO APPROVE ALLOCATED FUNDS FROM FIRE DEPARTMENT BUDGET FOR PHASE 1 OF FIRE DEPARTMENT RESTRUCTURING PLAN, CONTINGENT UPON AN ACCORD BEING REACHED WITH EXISTING CAPTAINS ON IMPACTS OF MOVING TO BATTALION CHIEF POSITIONS.
Ald. Michalski, seconded by Ald. Foeckler, moved to approve the allocated funds from the Fire Department budget for Phase 1 of the Fire Department Restructuring Plan, contingent upon an accord being reached with the existing Captains on the impacts of moving to the Battalion Chief positions. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, no; Ald. Grabowski, no; and Ald. Michalski, aye. The vote resulted in a tie; Mayor voted aye; motion carried.
4. PRESENTED AND ADOPTED: ORDINANCE NO. 2484, ESTABLISHING POSITION OF BATTALION CHIEF OF OPERATIONS AND ESTABLISHING SALARY FOR THIS POSITION.
Ald. Foeckler, seconded by Ald. Toman, moved to adopt Ordinance No. 2484, establishing the position of Battalion Chief of Operations and establishing a salary for this position. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
5. DISCUSSION HELD REGARDING FUTURE LAND USE PLAN AND ZONING FOR DELPHI PROPERTY AT 7929 S. HOWELL AVE.; STAFF DIRECTED TO PROVIDE LIST OF AVAILABLE OPTIONS FOR REVIEW AT 2/5/08 COUNCIL MEETING.
The Council held a discussion regarding the future land use plan and zoning for the Delphi property at 7929 S. Howell Ave.; staff was directed to provide a list of available options for review at the 2/5/08 Council meeting.
6. VENDOR SUMMARY REPORT APPROVED.
Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the Vendor Summary Report in the amount of $612,050.70. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
7. LICENSE COMMITTEE.
Ald. Grabowski, seconded by Ald. Toman, moved to take the following action:
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
8. COUNCIL AWARDS CONTRACT TO GORDON FLESCH COMPANY, INC., FOR PURCHASE OF CANON IR3045i BLACK AND WHITE COPIER IN AMOUNT OF $10,172.00 FOR FIRE STATION NO. 3 ADMINISTRATIVE OFFICE.
Ald. Grabowski, seconded by Ald. Michalski, moved to award a contract to Gordon Flesch Company, Inc., for the purchase of a Canon IR3045i black and white copier in the amount of $10,172.00 for the Fire Station No. 3 administrative office. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
9. COUNCIL AWARDS CONTRACT TO GORDON FLESCH COMPANY, INC., FOR PURCHASE OF CANON IR3045i BLACK AND WHITE COPIER IN AMOUNT OF $10,172.00 FOR PARKS, RECREATION AND FORESTRY MAIN OFFICE.
Ald. Kopplin, seconded by Ald. Grabowski, moved to award a contract to Gordon Flesch Company, Inc., for the purchase of a Canon IR3045i black and white copier in the amount of $10,172.00 for the Parks, Recreation and Forestry main office. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
10. COUNCIL AWARDS STREET TREE PRUNING PROJECT (PROJECT NO. 07014) TO GIESE TREE & LANDSCAPING IN AMOUNT OF $30,680.00.
Ald. Grabowski, seconded by Ald. Verhalen, moved to award the street tree pruning project (Project No. 07014) to Giese Tree & Landscaping in the amount of $30,680.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
11. PRESENTED AND ADOPTED: RESOLUTION NO. 10808-121807, ACCEPTING DNR STEWARDSHIP – ACQUISITION AND DEVELOPMENT OF LOCAL PARKS (ADLP) GRANT, AND AUTHORIZING STAFF TO SUBMIT OFFER TO PURCHASE TO PROPERTY OWNER FOR DNR APPRAISAL AMOUNT OF $400,000.00, WITH MATCHING FUNDS OF $200,000.00 TO BE USED FROM ENVIRONMENTAL CORRIDOR ACQUISITION FUNDS (1020 E. FOREST HILL AVE.).
Ald. Verhalen, seconded by Ald. Grabowski, moved to adopt Resolution No. 10808-121807, accepting a Department of Natural Resources stewardship – acquisition and development of local parks (ADLP) grant, and authorizing staff to submit an offer to purchase to the property owner for the DNR appraisal amount of $400,000.00, with matching funds of $200,000.00 to be used from Environmental Corridor Acquisition funds (1020 E. Forest Hill Ave.). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
12. DIRECTED HELD TO 1/15/08: RESOLUTION NO. 10811-121807, SELECTING FIRM OF HNTB TO RESTRUCTURE AND AMEND ZONING CODE FOR SOUTH 27TH STREET TO IMPLEMENT RECOMMENDATIONS OF 27TH STREET CORRIDOR PLAN AND STREETSCAPE MANUAL, AND AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE CONTRACT NOT TO EXCEED $33,063.00 FOR THAT PURPOSE.
Resolution No. 10811-121807, selecting the firm of HNTB to restructure and amend the zoning code for South 27th Street to implement the recommendations of the 27th Street Corridor Plan and Streetscape Manual, and authorizing the Mayor and City Clerk to execute a contract not to exceed $33,063.00 for that purpose was directed held to the 1/15/08 Council meeting.
13. PRESENTED AND ADOPTED: RESOLUTION NO. 10807-121807, APPROVING FINAL PLAT FOR THE BLUFFS OF OAK CREEK SUBDIVISION.
Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10807-121807, approving the final plat for The Bluffs of Oak Creek subdivision. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
Note: Items 14 through 19 were taken as one motion.
14. PRESENTED AND ADOPTED: RESOLUTION NO. 10809-121807, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NO. 00033.
Ald. Grabowski, seconded by Ald. Kopplin, moved to adopt Resolution No. 10809-121807, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project No. 00033 (installation of park site improvements in Camelot Park). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
15. PRESENTED AND ADOPTED: RESOLUTION NO. 10810-121807, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NO. 03001.
Ald. Grabowski, seconded by Ald. Kopplin, moved to adopt Resolution No. 10810-121807, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project No. 03001 (installation of street improvements in the Chapel Dr. cul-de-sac). On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
16. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PAYMENTS FOR PROJECT NO. 06027, STREET DEPARTMENT BUILDING DESIGN AND RENOVATION.
Ald. Grabowski, seconded by Ald. Kopplin, moved to authorize payment of the contract payments for Project No. 06027, Street Department building design and renovation. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
17. COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENTS FOR PROJECT NOS. 05036 AND 06011.
Ald. Grabowski, seconded by Ald. Kopplin, moved to authorize payment of the contract progress payments for Project Nos. 05036 and 06011. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
18. COUNCIL AUTHORIZES PAYMENT OF INVOICED DEPARTMENT OF TRANSPORTATION CONTRACTOR/CONSULTANT SERVICE PAYMENT FOR PROJECT NO. 04022, RYAN ROAD RECONSTRUCTION.
Ald. Grabowski, seconded by Ald. Kopplin, moved to authorize payment of the invoiced Department of Transportation contractor/consultant service payment for Project No. 04022, Ryan Road Reconstruction. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
19. COUNCIL AUTHORIZES PAYMENT OF INVOICED CONSULTANT SERVICE PAYMENTS FOR VARIOUS PROJECTS.
Ald. Grabowski, seconded by Ald. Kopplin, moved to authorize payment of the invoiced consultant service payments for various projects. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
20. EXECUTIVE SESSION HELD.
Ald. Foeckler, seconded by Ald. Kopplin, moved to convene into Executive Session at 9:50 p.m., pursuant to Wisconsin State Statutes, to discuss the following:
On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
21. COUNCIL RECONVENES INTO OPEN SESSION.
Ald. Kopplin, seconded by Ald. Grabowski, moved to reconvene into Open Session at 10:55 p.m. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
22. COUNCIL TAKES ACTION ON EXECUTIVE SESSION ITEMS.
With regard to item 20(a), Ald. Foeckler, seconded by Ald. Grabowski, moved to authorize an appeal of the decision of Administrative Law Judge William Coleman for a cost not to exceed $30,000.00. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
With regard to item 20(b), Ald. Foeckler, seconded by Ald. Michalski, moved to approve recommendation of the Personnel Committee and rescind the action of 10/2/07, eliminating the position of Account Clerk II in the Street Department and creating a non-bargaining unit position of Administrative Assistant. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
23. DIRECTED HELD: ORDINANCE NO. 2486, ESTABLISHING SALARY RANGES, WAGES AND ALLOWANCES FOR NONUNION AND MANAGEMENT PERSONNEL FOR THE YEAR 2008.
Ordinance No. 2486, establishing the salary ranges, wages and allowances for nonunion and management personnel for the year 2008 was directed held.
24. PRESENTED AND ADOPTED: ORDINANCE NO. 2487, ESTABLISHING SALARY RANGES, WAGES AND ALLOWANCES FOR OTHER CITY OFFICES AND POSITIONS FOR YEAR 2008.
Ald. Grabowski, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2487, establishing the salary ranges, wages and allowances for other city offices and positions for the year 2008. On roll call, the vote was as follows: Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.
ADJOURNMENT.
Ald. Foeckler, seconded by Ald. Kopplin, moved to adjourn this meeting at 11:00 p.m. All voted aye; motion carried.
ATTEST:
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Beverly A. Buretta, CMC, City Clerk Richard R. Bolender, Mayor