PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, JULY 17, 2007, 6:30 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 6:30 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, Assistant City Attorney Melissa Karls, Director of Community Development Douglas Seymour, City Engineer Wayne St. John, Fire Chief Brian Satula, Information Technology Manager Caesar Geiger, Street Superintendent Michael Lampe, Finance Manager RoseAnn Underberg, City Treasurer Barbara Guckenberger, and City Clerk Beverly Buretta.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the minutes of the 6/19/07, 7/2/07 and 7/10/07 meetings as published.  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.

1.         PRESENTATION MADE BY REPRESENTATIVE OF VIRCHOW, KRAUSE & COMPANY, LLP ON 2006 AUDIT.

            A presentation was made by representatives of Virchow, Krause & Company, LLP on the 2006 audit.

2.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10778-071707, ACCEPTING 2006 FINANCIAL STATEMENT AND AUDITORS’ REPORT AS PREPARED AND PRESENTED BY VIRCHOW, KRAUSE & COMPANY, LLP. 

            Ald. Foeckler, seconded by Ald. Michalski, moved to adopt Resolution No. 10778-071707, accepting the 2006 Financial Statement and Auditors’ Report as prepared and presented by Virchow, Krause & Company, LLP.  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.

3.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10779-071707, TO AUTHORIZE RETAINING SERVICES OF VIRCHOW, KRAUSE & COMPANY, LLP AS CITY’S AUDITING FIRM FOR 2007-2008 AUDIT YEARS. 

            Ald. Foeckler, seconded by Ald. Kopplin, moved to adopt Resolution No. 10779-071707, to authorize retaining the services of Virchow, Krause & Company, LLP as the City’s auditing firm for the 2007-2008 audit years.  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.

4.         BRIEF PRESENTATION MADE BY REPRESENTATIVES OF TYLER TECHNOLOGIES – CLT DIVISION ON CITY’S 2007 REVALUATION.

            A brief presentation was made by representatives of Tyler Technologies – CLT Division on the status of the City’s 2007 revaluation.

5.         PUBLIC HEARING HELD TO CONSIDER PROPOSAL BY WISCO HOTEL GROUP TO REZONE PROPERTIES AT 6440 AND 6466 S. 13^TH ST. FROM B-4 HIGHWAY BUSINESS AND M-1 MANUFACTURING TO B-4/M-1 (PUD), HIGHWAY BUSINESS/MANUFACTURING PLANNED UNIT DEVELOPMENT. 

            A public hearing was held to consider a proposal by Wisco Hotel Group to rezone the properties at 6440 and 6466 S. 13^th St. from B-4 Highway Business and M-1 Manufacturing to B-4/M-1 (PUD), Highway Business/Manufacturing Planned Unit Development.  A summary transcript is available in the City Clerk’s Office (see item 6 for action on this hearing).

6.         PRESENTED AND ADOPTED AS AMENDED:  ORDINANCE NO. 2463, REZONING PROPERTIES AT 6440 AND 6466 S. 13^TH ST. FROM B-4 HIGHWAY BUSINESS AND M-1 MANUFACTURING TO B-4/M-1 PUD (PLANNED UNIT DEVELOPMENT) (WISCO HOTEL GROUP). 

            Ald. Kopplin, seconded by Ald. Verhalen, moved to adopt Ordinance No. 2463, rezoning the properties at 6440 and 6466 S. 13^th St. from B-4 Highway Business and M-1 Manufacturing to B-4/M-1 PUD (Planned Unit Development) (Wisco Hotel Group).  Motion, with second agreeing, was amended to modify the Conditions and Restrictions, Section 7 – Signs, to allow one monument sign not to exceed 20 feet in height (rather than the Plan Commission’s recommendation of 15 feet in height).  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.         COUNCIL ALLOCATES PUBLIC SERVICE PROJECTS AS RECOMMENDED AND HOLDS NON-PUBLIC SERVICE PROJECTS TO 8/6/07 COUNCIL MEETING FOR FURTHER INFORMATION.

            Ald. Foeckler, seconded by Ald. Grabowski, moved to allocate Community Development Block Grant (CDBG) public service project funding as follows, and to hold the non-public service project funding to the Monday, 8/6/07 Council meeting for further information.  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 APPROVES AMENDMENT TO TUITION REIMBURSEMENT POLICY FOR NON-REPRESENTED PERSONNEL TO INCLUDE EMPLOYEE CO-PAYMENT FOR GRADUATE DEGREE PROGRAMS, AS AMENDED.

            Ald. Toman, seconded by Ald. Michalski, moved to affirm the recommendation of the Personnel Committee to approve an amendment to the tuition reimbursement policy for non-represented personnel to include an employee co-payment for graduate degree programs, as amended to add “per individual” in bullet point 2.  Motion, with second agreeing, was amended to also include a disclaimer at the end of the policy that states, “Some level of reimbursement funding may be subject to income tax.”  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, aye; Ald. Verhalen, no; Ald. Toman, aye; Ald. Grabowski, no; and Ald. Michalski, aye.

9.         INFORMATIONAL ONLY:  PRELIMINARY DISCUSSION AND DIRECTION BY COUNCIL ON 2008 BUDGET OBJECTIVES.

            A preliminary discussion and direction by the Council on 2008 budget objectives was informational only.

10.       MAYOR MAKES APPOINTMENTS TO AD HOC CIVIC CENTER DESIGN STEERING COMMITTEE.

            The Mayor’s appointments to the ad hoc Civic Center Design Steering Committee as follows were informational only.

            Fred Siepert, citizen member                  Caesar Geiger, IT Manager

            Frank Carini, citizen member                  Library representative

            Isabel Haase, citizen member                 Tom Rosandich, Assistant Fire Chief

            Cal Nowak, citizen member                    Dick Kulka, Facilities Manager

            Sig Tomkalski, citizen member               Doug Seymour, Director of Community Development

            Sam Lenda, citizen member                   Thomas Bauer, Police Chief

            Patrick DeGrave, City Administrator         Community Center representative

            Wayne St. John, City Engineer

11.       PRESENTED AND ADOPTED:  COUNCIL PROCLAMATION NO. 07-08, TO ANDREA DROSEN FOR SERVICE TO CITY AS MEMBER OF CIVIL SERVICE COMMISSION.

            Ald. Grabowski, seconded by Ald. Kopplin, moved to adopt Council Proclamation No. 07-08, to Andrea Drosen for dedicated service to the City of Oak Creek as a member of the Civil Service Commission.  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.       COUNCIL CONCURS WITH MAYOR’S APPOINTMENT OF PAUL KORTMAN, 8747 S. EAGLE CT., TO CIVIL SERVICE COMMISSION. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to concur with the Mayor’s appointment of Paul Kortman, 8747 S. Eagle Ct., to the Civil Service Commission to complete a term expiring 4/08.  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.

13.       INFORMATIONAL ONLY:  RECEIPT OF PETITIONS TO PLACE CHARTER ORDINANCES RELATED TO POSITIONS OF CLERK AND TREASURER ON REFERENDA.

            The receipt of petitions to place charter ordinances related to the positions of Clerk and Treasurer on referenda was informational only.

14.       VENDOR SUMMARY REPORT APPROVED.

            Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $395,449.28.  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.       LICENSE COMMITTEE.

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

• Grant the request to sell digital cable services for D & E Cable:
• Kenneth Wilkowski, Jr., 422 S. Fairfield, Juneau
• Grant the request to sell ice cream for Klondike Distributors:
• Louis J. Malinski, 1211 Lambeth Rd., #3, Waukesha
• Grant a Special Class B Beer and Wine license, with a waiver of fees:
• Oak Creek OJ’s for 8/4-5/07 (rain dates (8/11-12/07) at Shepard Hills School and Oak Creek High School ball diamonds
• Grant an Operator’s license:
• Donald R. Kosiboski, 1419 S. 79^th St., West Allis (Pick n’Save)
• Dana Marie Tolejano, 1309 Minnesota St., South Milwaukee (Applebee’s)
• Vanessa Jolene Ruditys, 7751 S. 68^th St., Franklin
• Grant an original Class B Combination license:
• Bessie Lintzeris, 7529 S. Crane Dr., for the business at 924 E. Rawson Ave. (formerly Ay Caramba)
• Grant a renewal amusement device operator and devices license:
• S & P Equipment, 8908 S. Parkside Dr., Oak Creek
• Marcus Theatres Corp. for South Shore Cinema and Value Cinema

            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 APPROVES BASE BID PROPOSAL (AND ALTERNATES 16A AND 16B, IF NEEDED) FROM WILLIAM SACKERSON CONSTRUCTION TO PERFORM HENRY MILLER PARK PAVILION ADDITION AND RENOVATIONS IN AMOUNT OF $179,200.00 (PROJECT NO. 06030), AND APPROVES TRANSFER OF APPROXIMATELY $38,349.00 FROM 2006 CONTROL ACCOUNT TO PROJECT NO. 06030. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to approve the base bid proposal (and Alternates 16A and 16B, if needed) from William Sackerson Construction to perform the Henry Miller Park pavilion addition and renovations in the amount of $179,200.00 (Project No. 06030), and to approve the transfer of approximately $38,349.00 from the 2006 Control Account to Project No. 06030.  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 APPROVES BID PROPOSAL FROM REESE RECREATION FOR PURCHASE AND DELIVERY OF FOUR STEEL HEXAGON SHELTERS IN AMOUNT OF $36,130.00 (PROJECT NO. 07029). 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the bid proposal from Reese Recreation for the purchase and delivery of four steel hexagon shelters in the amount of $36,130.00 (Project No. 07029).  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10772-071707, ACCEPTING DONATION OF 4.828-ACRE PROPERTY AT 250 W. DREXEL AVE. (A & D VITUCCI REVOCABLE TRUST). 

            Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10772-071707, accepting the donation of the 4.828-acre property at 250 W. Drexel Ave. (A & D Vitucci Revocable Trust).  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 CONSIDERS AND PROVIDES STAFF WITH GUIDANCE ON ELEMENTS OF PROPOSED DEVELOPMENT AGREEMENT BETWEEN CITY AND 2201 W. SOUTHBRANCH, LLC FOR DEVELOPMENT OF EXPANSION TO JOSEPH A. CAMPIONE FACILITY AS PART OF TIF DISTRICT NO. 7 (A $900,000.00 SUBSIDY PLUS INTEREST).

            Ald. Michalski, seconded by Ald. Grabowski, moved to consider and provide staff with guidance on the elements of a proposed development agreement between the City and 2201 W. Southbranch, LLC, for the development of an expansion to the Joseph A. Campione facility as part of TIF District No. 7 (a $900,000.00 subsidy plus interest).  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10774-071707, APPROVING AND ACCEPTING PUBLIC SANITARY SEWER AND PUBLIC WATER MAIN EASEMENTS ACROSS PROPERTIES OF RICHARD AND MARY FLECK AT 1125 E. FITZSIMMONS RD. AND EDWARD AND DENISE ARNOLD AT 1105 E. FITZSIMMONS RD. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10774-071707, approving and accepting public sanitary sewer and public water main easements across the properties of Richard and Mary Fleck at 1125 E. Fitzsimmons Rd. and Edward and Denise Arnold at 1105 E. Fitzsimmons Rd.  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10776-071707, APPROVING FUTURE IMPROVEMENTS AGREEMENT WITH JOHN M. COURY OF SUMMIT HILL CONSTRUCTION, INC., ADDRESSING FUTURE ULTIMATE IMPROVEMENT AND POTENTIAL ASSESSMENTS AFFECTING EDGEMONT ESTATES SUBDIVISION.

            Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10776-071707, approving the future improvements agreement with John M. Coury of Summit Hill Construction, Inc., addressing future ultimate improvement and potential assessments affecting the Edgemont Estates 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.

22.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10777-071707, APPROVING AND ACCEPTING PUBLIC SANITARY EASEMENT DEDICATION ACROSS REAR OF PROPERTY AT 1157 W. VIOLET DR., IN WHITE TAIL RIDGE SUBDIVISION. 

            Ald. Michalski, seconded by Ald. Foeckler, moved to adopt Resolution No. 10777-071707, approving and accepting a public sanitary easement dedication across the rear of the property at 1157 W. Violet Dr., in the White Tail Ridge 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.

23.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PAYMENTS FOR PROJECT NO. 06027, STREET DEPARTMENT BUILDING DESIGN AND RENOVATION. 

            Ald. Foeckler, seconded by Ald. Grabowski, 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.

24.       COUNCIL AWARDS 2007 SIDEWALK IMPROVEMENTS PROJECT TO J & A POHL, AT ESTIMATED COST OF $114,527.60 (PROJECT NO. 07021), AND AUTHORIZES TRANSFER OF $50,000.00 FROM NORTHBRANCH INDUSTRIAL PARK ROAD RECONSTRUCTION PROJECT (PROJECT NO. 05036) TO COVER BALANCE OF CONSTRUCTION AND ENGINEERING COSTS. 

            Ald. Grabowski, seconded by Ald. Michalski, moved to award the 2007 sidewalk improvements project to the lowest responsive, responsible bidder, J & A Pohl, at an estimated cost of $114,527.60 (Project No. 07021), and to authorize the transfer of $50,000.00 from the Northbranch Industrial Park road reconstruction project (Project No. 05036) to cover the balance of the construction and engineering costs.  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.

25.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10775-071707, ACCEPTING STORM SEWER EASEMENT FOR PROJECT NO. 07021, STORM SEWER INSTALLATION RELATED TO PROPOSED SIDEWALK CONSTRUCTION.

            Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Resolution No. 10775-071707, accepting a storm sewer easement for Project No. 07021, storm sewer installation related to proposed sidewalk construction.  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.

26.       COUNCIL APPROVES REQUEST TO REMOVE EXISTING “DEAD END” AND “NO OUTLET” SIGNS ON W. GRAYS LN. AND INSTALL “DEAD END” SIGN ON EACH SIDE OF STREET FACING WEST AT 2520 W. GRAYS LN. 

            Ald. Michalski, seconded by Ald. Grabowski, moved to concur with the recommendation of the Traffic & Safety Commission and approve the request to remove the existing “Dead End” and “No Outlet” signs on W. Grays Ln. and install a “Dead End” sign on each side of the street facing west at 2520 W. Grays Ln.  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.

27-28.  NO EXECUTIVE SESSION HELD.

            The Common Council did not convene into Executive Session immediately following the conclusion of the Common Council meeting pursuant to Wisconsin State Statutes, Section 19.8(1)(e) to discuss an appointment to the position of Building Inspection Supervisor, as well as the salary and terms and conditions relating to this appointment.  Discussion and action was conducted in open session and taken with item 29.

29.       COUNCIL CONFIRMS APPOINTMENT OF JEFFREY LYNCH AS BUILDING INSPECTION SUPERVISOR AND ADOPTS ORDINANCE NO. 2462 RELATING TO SALARY FOR BUILDING/PLUMBING INSPECTOR AND INSPECTION SUPERVISOR.

            Ald. Toman, seconded by Ald. Michalski, moved to adopt Ordinance No. 2462, relating to the salary for the Building/Plumbing Inspector and Inspection Supervisor.  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.  Ald. Toman, seconded by Ald. Michalski, moved to appoint Jeffrey Lynch as Building Inspection Supervisor.  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. Grabowski, seconded by Ald. Foeckler, moved to adjourn this meeting at 9:21 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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