PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

TUESDAY, JANUARY 15, 2008, 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, Police Chief Thomas Bauer, Street Superintendent Michael Lampe, Zoning Administrator Pete Wagner, and City Clerk Beverly Buretta.

Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the minutes of the 1/2/08 meeting 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. PUBLIC HEARING HELD TO CONSIDER AMENDMENT TO SECTIONS 17.0315 (B-4 HIGHWAY BUSINESS DISTRICT), 17.0330 (RRO, S. 27^TH STREET REGIONAL RETAIL OVERLAY DISTRICT), AND 17.0331 (UVO, S. 27^TH ST. MIXED USE/URBAN VILLAGE OVERLAY DISTRICT) OF MUNICIPAL CODE THAT WOULD MAKE HOTELS AND MOTELS CONDITIONAL USE IN THESE DISTRICTS.

A public hearing was held to consider an amendment to Sections 17.0315 (B-4 Highway Business District), 17.0330 (RRO, S. 27^th Street Regional Retail Overlay District), and 17.0331 (UVO, S. 27^th St. Mixed Use/Urban Village Overlay District) of the Municipal Code that would make hotels and motels a conditional use in these districts. A summary transcript is available in the City Clerk’s Office (see item 2 for action on this hearing).

2. PRESENTED AND ADOPTED: ORDINANCE NO. 2489, AMENDING SECTIONS 17.0315 (B-4 HIGHWAY BUSINESS DISTRICT), 17.0330 (RRO, S. 27^TH STREET REGIONAL RETAIL OVERLAY DISTRICT), AND 17.0331 (UVO, S. 27^TH ST. MIXED USE/URBAN VILLAGE OVERLAY DISTRICT) OF MUNICIPAL CODE TO CHANGE HOTELS AND MOTELS FROM PERMITTED TO CONDITIONAL USE.

Ald. Michalski, seconded by Ald. Grabowski, moved to adopt Ordinance No. 2489, amending Sections 17.0315 (B-4 Highway Business District), 17.0330 (RRO, S. 27^th Street Regional Retail Overlay District), and 17.0331 (UVO, S. 27^th St. Mixed Use/Urban Village Overlay District) of the Municipal Code to change hotels and motels from a permitted to a conditional use. On roll call, the vote was as follows: Ald. Kopplin, no; Ald. Foeckler, aye; Ald. Verhalen, aye; Ald. Toman, aye; Ald. Grabowski, aye; and Ald. Michalski, aye.

3. PRESENTED AND ADOPTED: RESOLUTION NO. 10814-011508, ADOPTING SOUTH 27^TH STREET CORRIDOR STREETSCAPE MANUAL.

Ald. Grabowski, seconded by Ald. Michalski, moved to adopt Resolution No. 10814-011508, adopting the South 27^th Street Corridor Streetscape Manual. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10811-121807, SELECTING FIRM OF HNTB TO RESTRUCTURE AND AMEND ZONING CODE FOR SOUTH 27^TH STREET TO IMPLEMENT RECOMMENDATIONS OF 27^TH STREET CORRIDOR PLAN AND STREETSCAPE MANUAL, AND AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE CONTRACT NOT TO EXCEED $33,063.00 FOR THAT PURPOSE.

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10811-121807, selecting the firm of HNTB to restructure and amend the zoning code for South 27^th Street to implement the recommendations of the 27^th 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. 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. DIRECTED HELD: CITY OF FRANKLIN RESOLUTION NO. 2007-6376, REQUESTING CITY OF OAK CREEK TO PARTICIPATE IN INTERSECTION IMPROVEMENTS TO S. 27^TH ST. AND W. DREXEL AVE. FOR IMPROVEMENTS TO W. DREXEL AVE. IN OAK CREEK AS REQUIRED BY WISDOT RELATIVE TO RECONSTRUCTION OF W. DREXEL AVE.

Ald. Foeckler, seconded by Ald. Grabowski, moved to acknowledge receipt of, and hold City of Franklin Resolution No. 2007-6376, a resolution requesting the City of Oak Creek to participate in the intersection improvements to S. 27^th St. and W. Drexel Ave. for improvements to W. Drexel Ave. in Oak Creek as required by the Wisconsin Department of Transportation relative to the reconstruction of W. Drexel 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.

6. COUNCIL APPROVES HIRING LAW FIRM OF WHYTE, HIRSCHBOECK AND DUDEK, MR. GEORGE PETAK, IN AMOUNT NOT TO EXCEED $38,400.00 FOR PROFESSIONAL CONSULTING SERVICES IN MADISON ON BEHALF OF CITY TO FURTHER EFFORTS INCLUDING, BUT NOT LIMITED TO, KRM COMMUTER RAIL PROJECT, REGIONAL TRANSPORTATION INITIATIVE, BROWNFIELD REMEDIATION FUNDING FOR LAKEFRONT PROPERTIES, AND DREXEL AVE. INTERCHANGE, SUBJECT TO RECEIPT OF QUARTERLY REPORTS FROM MR. PETAK.

Ald. Foeckler, seconded by Ald. Grabowski, moved to approve hiring the law firm of Whyte, Hirschboeck and Dudek, specifically Mr. George Petak, in an amount not to exceed $38,400.00 for professional consulting services in Madison on behalf of the City of Oak Creek to further the efforts including, but not limited to, the Kenosha-Racine-Milwaukee (KRM) commuter rail project, the Regional Transportation Initiative, Brownfield remediation funding for the lakefront properties, and the Drexel Ave. interchange. Motion, with second agreeing, was amended to approve, subject to receipt of quarterly reports from Mr. Petak. 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 APPROVES APPOINTMENTS OF ELECTION OFFICIALS FOR TWO-YEAR PERIOD JANUARY 1, 2008 THROUGH DECEMBER 31, 2009.

Ald. Grabowski, seconded by Ald. Kopplin, moved to approve the appointments of election officials for the two-year period of January 1, 2008 through December 31, 2009. 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. PRESENTED AND ADOPTED: ORDINANCE NO. 2488, RELATING TO FEES FOR INFORMATION REQUESTS AND VOTER AND COMPUTER RECORDS.

Ald. Kopplin, seconded by Ald. Foeckler, moved to adopt Ordinance No. 2488, relating to fees for information requests and voter and computer records. 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. PRESENTED AND ADOPTED: RESOLUTION NO. 10816-011508, RESCINDING RESOLUTION NOS. 10549-092005 AND 10637-050206, AND RESTATING PUBLIC DEPOSITORIES FOR CITY; RESOLUTION NO. 10817-011508, RESCINDING RESOLUTION NO. 10636-050206 AND RESTATING INVESTMENT POLICY FOR CITY; RESOLUTION NO. 10818-011508, RESCINDING RESOLUTION NO. 10637-050206 AND REAUTHORIZING INVESTMENT AGENCY AGREEMENT WITH MARSHALL & ILSLEY (M&I) TRUST COMPANY, N.A.; AND RESOLUTION NO. 10819-011508, AUTHORIZING CONDITIONS OF PUBLIC DEPOSITS SECURITY AGREEMENT WITH TRI-CITY NATIONAL BANK, THROUGH JPMORGAN CHASE BANK, N.A., AS INTERMEDIARY ON BEHALF OF CITY.

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

Adopt Resolution No. 10816-011508, a resolution rescinding Resolution Nos. 10549-092005 and 10637-050206, and restating Public Depositories for the City

Adopt Resolution No. 10817-011508, rescinding Resolution No. 10636-050206 and restating the Investment Policy for the City of Oak Creek;

Adopt Resolution No. 10818-011508, rescinding Resolution No. 10637-050206 and reauthorizing an Investment Agency Agreement with Marshall & Ilsley (M&I) Trust Company, N.A.;

Adopt Resolution No. 10819-011508, authorizing Conditions of a Public Deposits Security Agreement with Tri-City National Bank, through JPMorgan Chase Bank, N.A., as intermediary on behalf of the City of Oak Creek.

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. INFORMATIONAL: REPORT TO MAYOR AND COMMON COUNCIL BY EACH ALDERPERSON OF ANY NOTEWORTHY ISSUES RELATING TO BOARDS AND COMMISSIONS ON WHICH THEY SERVE.

Report to the Mayor and Common Council by each alderperson of any noteworthy issues relating to boards and commissions on which they serve was informational only.

11. VENDOR SUMMARY REPORT APPROVED.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $307,130.08. 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.

12. LICENSE COMMITTEE.

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

Grant an Operator’s license to:

Teki Dilaveri, 4338 W. Victory Creek Dr., Franklin (Branded Steer)

Jennifer J. Brazeau, 3333 5^th Ave., South Milwaukee (Norine’s)

Grant a renewal dog kennel license:

Bradley Osgood, Brentwood Animal Hospital, 318 W. Ryan Rd.

Grant a transient merchant license to sell official Green Bay Packer Super Bowl merchandise (with issuance subject to favorable police report and obtaining an occupancy and tent permit), at 9502 S. Howell Ave. (Oak Creek Marathon):

Marc D. Ambrosia, 23 Hughes St., East Haven, Ct.

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. COUNCIL ACCEPTS 2007 CODE ENFORCEMENT REPORT.

Ald. Michalski, seconded by Ald. Grabowski, moved to accept the 2007 Code Enforcement Report. 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.

14. PRESENTED AND ADOPTED: RESOLUTION NO. 10815-011508, APPROVING CSM DEVELOPMENT AGREEMENT WITH SUPERIOR DIE SET CORPORATION FOR DESIGN AND INSTALLATION OF PUBLIC SANITARY SEWER AT 900 W. DREXEL AVE. (PROJECT NO. 07062).

Ald. Kopplin, seconded by Ald. Grabowski, moved to adopt Resolution No. 10815-011508, approving the certified survey map development agreement with Superior Die Set Corporation for the design and installation of public sanitary sewer at 900 W. Drexel Ave. (Project No. 07062). 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 15 through 17 were taken as one motion.

15. COUNCIL APPROVES PURCHASE OF 50 SETS OF 3-DOT TRITIUM SIGHTS FROM STREICHER’S-WISCONSIN AT TOTAL COST OF $5,250.00.

Ald. Grabowski, seconded by Ald. Toman, moved to approve the Police Department’s purchase of 50 sets of 3-Dot Tritium sights from Streicher’s-Wisconsin at a total cost of $5,250.00. 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.

16. COUNCIL APPROVES PURCHASE OF NINE PRO-SERIES GOVERNMENT (MODEL AR9205) .223 RIFLES FROM ROCK RIVER ARMS, INC., TO BE USED BY EMERGENCY RESPONSE UNIT AT TOTAL COST OF $19,449.00.

Ald. Grabowski, seconded by Ald. Toman, moved to approve the Police Department’s purchase of nine Pro-Series Government (Model AR9205) .223 rifles from Rock River Arms, Inc., to be used by the Emergency Response Unit at a total cost of $19,449.00. 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.

17. COUNCIL APPROVES PURCHASE OF 40 PRO-TECH LEVEL III BALLISTIC PLATES FROM ADVANTAGE POLICE SUPPLY TO BE USED BY EMERGENCY RESPONSE UNIT AT TOTAL COST OF $16,645.00.

Ald. Grabowski, seconded by Ald. Toman, moved to approve the Police Department’s purchase of 40 Pro-Tech Level III Ballistic Plates from Advantage Police Supply to be used by the Emergency Response Unit at a total cost of $16,645.00. 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.

18. COUNCIL APPROVES PURCHASE OF ONE 2008 20-YARD RUBBISH TRUCK FROM STEPP EQUIPMENT IN TOTAL AMOUNT OF $114,095.00.

Ald. Kopplin, seconded by Ald. Grabowski, moved to approve the recommendation of the Street Superintendent to purchase one 2008 20-yard rubbish truck from Stepp Equipment in the total amount of $114,095.00. 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.

Note: Items 19 through 21 were taken as one motion.

19. COUNCIL APPROVES PURCHASE OF ONE 2008 TRACTOR, COMPLETE WITH REAR AND SIDE MOWERS FOR ROADSIDE CUTTING, FROM SECOND LOW BIDDER, SERWE IMPLEMENT COMPANY, IN TOTAL AMOUNT OF $49,986.00.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the recommendation of the Street Superintendent to purchase one 2008 tractor, complete with rear and side mowers for roadside cutting, from the second low bidder, Serwe Implement Company, in the total amount of $49,986.00. 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.

21. COUNCIL APPROVES PURCHASE ONE 2008 2-YARD DUMP TRUCK FROM BADGER TRUCK EQUIPMENT IN TOTAL AMOUNT OF $36,517.33.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the recommendation of the Street Superintendent to purchase one 2008 2-yard dump truck from Badger Truck Equipment in the total amount of $36,517.33. 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 APPROVES PURCHASE OF ONE 2008 5-YARD DUMP TRUCK, COMPLETE WITH PLOW EQUIPMENT AND SPREADER FROM LAKESIDE INTERNATIONAL IN TOTAL AMOUNT OF $97,255.00.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the recommendation of the Street Superintendent to purchase one 2008 5-yard dump truck, complete with plow equipment and spreader from Lakeside International in the total amount of $97,255.00. 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.

22. COUNCIL DIRECTS STAFF TO PUT PROJECT NO. 06027, STREET DEPARTMENT FACILITY RENOVATION AND ADDITION, OUT TO BID WITH THREE ALTERNATES; WHEN BIDS COME BACK, FINANCING ALTERNATES TO BE PRESENTED TO COUNCIL.

After discussing the next step to be taken after completion of the design for the Street Department facility renovation and addition (Project No. 06027), Ald. Foeckler, seconded by Ald. Grabowski, moved to direct staff to put this project out to bid with three alternates and when the bids come back, financing alternates are to be presented to the Council. 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 23 and 24 were taken as one motion.

23. COUNCIL AUTHORIZES PAYMENT OF INVOICED CONSULTANT SERVICE PAYMENTS FOR PROJECT NOS. 06067 AND 07081.

Ald. Grabowski, seconded by Ald. Kopplin, moved to authorize payment of the invoiced consultant service payments for Project Nos. 06067 and 07081. 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 AUTHORIZES PAYMENT OF INVOICED DEPARTMENT OF TRANSPORTATION CONTRACTOR/CONSULTANT SERVICE PAYMENTS FOR PROJECT NO. 04022.

Ald. Grabowski, seconded by Ald. Kopplin, moved to authorize payment of the invoiced Department of Transportation contractor/consultant service payments for Project No. 04022. 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. EXECUTIVE SESSION HELD.

Ald. Foeckler, seconded by Ald. Verhalen, moved to convene into Executive Session at 8:50 p.m., pursuant to Wisconsin State Statutes, to discuss the following:

Section 19.85(1)(c)(e) to discuss the performance evaluation and employment agreement for the City Administrator;

Section 19.85(1)(c) to discuss wages and allowances for nonunion and management 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.

26-27. COUNCIL RECONVENES INTO OPEN SESSION; NO ACTION TAKEN.

Ald. Grabowski, seconded by Ald. Kopplin, moved to reconvene into Open Session at 11:05 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. No action was taken.

28. DIRECTED HELD: ORDINANCE NO. 2486, ESTABLISHING SALARY RANGES, WAGES AND ALLOWANCES FOR NONUNION AND MANAGEMENT PERSONNEL FOR YEAR 2008.

Ordinance No. 2486, establishing the salary ranges, wages and allowances for nonunion and management personnel for the year 2008 was directed held.

ADJOURNMENT.

Ald. Foeckler, seconded by Ald. Kopplin, moved to adjourn this meeting at 11:05 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.

ATTEST:

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