PROCEEDINGS, COMBINED COMMON COUNCIL MEETING

MONDAY, FEBRUARY 18, 2008, 6:00 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 6:00 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, Utility Manager Steve Yttri, Utility Engineer Michael Sullivan, Finance Manager RoseAnn Underberg, Police Chief Thomas Bauer, and Deputy City Clerk Pam Bauer.

1.         EXECUTIVE SESSION HELD AT 6:00 P.M.

Ald. Foeckler, seconded by Ald. Grabowski, moved to convene into Executive Session at 6:00 p.m., pursuant to Wisconsin State Statutes, Section 19.85(1)(e) to discuss strategy regarding the potential purchase of the Delphi property at 7929 S. Howell 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.

2.         COUNCIL RECONVENES INTO OPEN SESSION.

Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at 6:45 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.

3.         NO ACTION TAKEN ON EXECUTIVE SESSION.

No action was taken on the Executive Session discussion.

4.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10830-021808, APPRECIATION TO JAMES A. LIEGLER, RETIRING POLICE OFFICER. 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10830-021808, appreciation to James A. Liegler, retiring Police Officer.  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.         PRESENTED AND ADOPTED:  RESOLUTION NO. 10827-021808, RESOLUTION OF NECESSITY FOR ACQUISITION OF PROPERTY FOR EXPANSION OF ABENDSCHEIN PARK AND AUTHORIZING NEGOTIATION FOR SUCH ACQUISITION (1020 E. FOREST HILL AVE.). 

Ald. Verhalen, seconded by Ald. Grabowski, moved to adopt Resolution No. 10827-021808, a Resolution of Necessity for Acquisition of Property for the Expansion of Abendschein Park and Authorizing Negotiation for Such Acquisition (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.

6.         VENDOR SUMMARY REPORT APPROVED.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Vendor Summary Report in the amount of $395,456.53.  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. Foeckler, moved to grant a renewal landfill license to Apple Tower Development, Inc., for 8400, 8380, 8432 S. 27^th St. and 8351 S. 20^th St.  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. Grabowski, seconded by Ald. Toman, moved to grant a renewal landfill license to Herman and Elizabeth Kopplin for 6931 S. Howell Ave.  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.

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

• Grant a transient merchant license to:
• Energy Marketing Services (EMS), selling AT & T products and services;
• Approve the following salespersons for EMS:
• Timothy Cullen Muldowney, 3360 S. Illinois, Milwaukee
• Abou Damaro Camara, 8020 N. 76^th St., Milwaukee
• Bradley J. Kaiser, 10105 N. Lee Ct., Mequon
• Willie D. Washington, 2042 S. 76^th St., West Allis
• Andrea Annamarie Casarez, 2046A S. 6^th St., Milwaukee
• Danny L. Wayne, 206B W. Jefferson, Oconomowoc;
• Grant a renewal transient merchant license:
• Blue Harbor, LLC, 1214 Cardinal Ln., Green Bay, selling frozen seafood products at Classic Lanes, 7501 S. Howell Ave., and the following sales persons:
• Amy J. MacRae, 419 Saratoga, Green Bay
• Sean R. MacRae, 419 Saratoga, Green Bay;
• Hold the original Class A Combination license submitted by Dhillon & Gill Spirits, LLC, Amandip Singh, Agent, 9000 S. 27^th St. (a strip mall to be constructed south of Arizona Grille).

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 POLICE DEPARTMENT’S PURCHASE OF FIVE POLICE VEHICLES IN TOTAL AMOUNT OF $122,999.20.

Ald. Grabowski, seconded by Ald. Michalski, moved to approve the Police Department’s purchase of five police vehicles as follows, in the total amount of $122,999.20:

2 - 2008 Ford Crown Victoria police vehicles (marked squads)
1 - 2008 Ford Crown Victoria police vehicle (unmarked squad)
1 - 2008 Chevrolet Tahoe 2WD police vehicle (marked squad)
1 - 2008 Chevrolet Tahoe 4WD police vehicle (marked squad)

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.         DIRECTED HELD FOR REVIEW OF CONTRACT BY CITY ADMINISTRATOR AND DIRECTOR OF COMMUNITY DEVELOPMENT:  RESOLUTION NO. 10832-021808, AUTHORIZING UTILITY COMMISSION TO ENTER INTO WHOLESALE CONTRACT WITH VILLAGE OF CALEDONIA, SUPERSEDING TWO EXISTING WHOLESALE CONTRACTS WITH OAK CREEK, AND ESTABLISHING EXPANDED SERVICE AREA.

Ald. Grabowski, seconded by Ald. Verhalen, moved to hold Resolution No. 10832-021808, authorizing the Utility Commission to enter into a wholesale contract with the Village of Caledonia that will supersede two existing wholesale contracts with Oak Creek, and which will establish an expanded service area, and to direct the City Administrator review the contract in its entirety, bring forth comments, both positive and negative, with input from the Director of Community Development, and to bring this item back to the Council on March 18, 2008.  On roll call, the vote was as follows:  Ald. Kopplin, aye; Ald. Foeckler, no; Ald. Verhalen, aye; Ald. Toman, no; Ald. Grabowski, aye; and Ald. Michalski, no.  The vote resulted in a tie.  The Mayor voted aye; motion carried.

10.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10831-021808, ACCEPTING WATER MAIN EASEMENT FOR CHICAGO ROAD TRANSMISSION WATER MAIN PROJECT (PROJECT NO. 07104). 

Ald. Toman, seconded by Ald. Grabowski, moved to adopt Resolution No. 10831-021808, accepting a water main easement for the Chicago Road Transmission Water Main project (Project No. 07104).  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 AD ADOPTED:  RESOLUTION NO. 10824-021808, RESOLUTION OF NECESSITY FOR ACQUISITION OF LANDS FOR PUBLIC STREET PURPOSES, BUILDING PARTIALLY WITHIN RIGHT-OF-WAY, TEMPORARY EASEMENTS FOR BUILDING REMOVAL, AND AUTHORIZING NEGOTIATION FOR SUCH ACQUISITION AND CONDEMNATION, IF NECESSARY, FOR PROPERTY AT 7900 S. 27^TH ST., BEING A PART OF PROJECT NO. 06010, W. DREXEL AVE. RECONSTRUCTION. 

Ald. Foeckler, seconded by Ald. Grabowski, moved to adopt Resolution No. 10824-021808, a resolution of necessity for acquisition of lands for public street purposes, building partially within right-of-way, temporary easements for building removal, and authorizing negotiation for such acquisition and condemnation, if necessary, for property at 7900 S. 27^th St., being a part of Project No. 06010, W. Drexel Ave. 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.

Note:  Items 12 through 17 were taken as one motion.

12.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10822-021808, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS IN COUNTRY CREEK ADDITION NO. 6 SUBDIVISION FROM COUNTRY CREEK HOMES, AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT. 

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10822-021808, accepting dedication of public improvements in the Country Creek Addition No. 6 subdivision from Country Creek Homes, and releasing them from the terms and conditions of their development agreement.  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.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10826-021808, ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS FOR WILLOWBROOK SUBDIVISION FROM BIELINSKI DEVELOPMENT, INC., AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT.

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10826-021808, accepting dedication of public improvements for the Willowbrook subdivision from Bielinski Development, Inc., and releasing them from the terms and conditions of their development agreement.  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 AS REVISED:  RESOLUTION NO. 10823-021808, ACCEPTING INSTALLATION OF PRIVATE SANITARY SEWER AND PRIVATE WATER MAIN AT SOUTHFIELD APARTMENTS FROM SOUTHFIELD EXPANSION, LLC, AND RELEASING THEM FROM TERMS AND CONDITIONS OF THEIR DEVELOPMENT AGREEMENT. 

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10823-021808, as revised, accepting the installation of private sanitary sewer and private water main at the Southfield Apartments from Southfield Expansion, LLC, and releasing them from the terms and conditions of their development agreement.  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.       COUNCIL AUTHORIZES PAYMENT OF CONTRACT PROGRESS PAYMENT FOR PROJECT NO. 06011.

Ald. Grabowski, seconded by Ald. Verhalen, moved to authorize payment of the contract progress payment for Project No. 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.

16.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10828-021808, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR 2006 PAVING PROGRAM.

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10828-021808, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for the 2006 paving program (installation of street improvements in E. Oakwood Rd., Cindy Ln., Jason Ct., Juniper Ct., 24^th St., Sharon Dr., and Quincy 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.

17.       PRESENTED AND ADOPTED:  RESOLUTION NO. 10829-021808, ACCEPTING WORKMANSHIP AND AUTHORIZING FINAL PAYMENT TO PAYNE & DOLAN, INC., FOR PROJECT NO. 06036. 

Ald. Grabowski, seconded by Ald. Verhalen, moved to adopt Resolution No. 10829-021808, accepting the workmanship and authorizing final payment to Payne & Dolan, Inc., for Project No. 06036 (Installation of street improvements in S. 20^th St.).  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.       EXECUTIVE SESSION HELD AT 8:22 P.M.

Ald. Foeckler, seconded by Ald. Kopplin, moved to convene into Executive Session at 8:22 p.m., pursuant to Wisconsin State Statutes, to discuss the following:

1. Section 19.85(1)(c) to discuss wages and allowances for nonunion and management positions for the year 2008;
2. Section 19.85(1)(c) to discuss additional compensation for the Street Superintendent;
3. Section 19.85(1)(c) to discuss wages and benefits for the position of Finance Director (Note:  discussion relating to the status of the current Finance Manager, the creation of, and qualifications for, a Finance Director department manager position, and the discussion relating to restructuring of the Accounting Department was held in open session); and
4. Section 19.85(1)(c)(e) to discuss the performance evaluation and employment agreement for the City Administrator.

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 RECONVENES INTO OPEN SESSION.

Ald. Foeckler, seconded by Ald. Grabowski, moved to reconvene into Open Session at 10:15 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.

20.       COUNCIL TAKES ACTION ON EXECUTIVE SESSION ITEMS (B) AND (C).

Ald. Toman, seconded by Ald. Foeckler, moved to authorize a $3,000.00 one-time bonus payment to the Street Superintendent.  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, no.

Ald. Toman, seconded by Ald. Michalski, moved to approve the restructuring of the Accounting Department, separating it from the City Clerk’s Office and renaming it the Finance Department, with management of the department under the supervision of the City Administrator; the change shall be effective May 1, 2008; the current position title of Finance Manager shall be changed to Finance Director, a department manager position, the current job description shall be modified to reflect the educational requirement of a baccalaureate degree, with CPA and/or Masters Degree (related to the field of accounting) preferred; recruitment for the position of Finance Director shall begin in time to provide a three-month shadow period with the Finance Manager for training purposes, and to authorize a revision of the Finance Manager’s salary per discussion in closed session.  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 AS REVISED:  ORDINANCE NO. 2486, ESTABLISHING SALARY RANGES, WAGES AND ALLOWANCES FOR NONUNION AND MANAGEMENT PERSONNEL FOR YEAR 2008.

Ald. Foeckler, seconded by Ald. Michalski, moved to adopt Ordinance No. 2486, as revised, establishing the salary ranges, wages and allowances for nonunion and management personnel for the year 2008 (Note: The intent of the Council is to adhere to the phasing in of the Carlson-Dettmann study for the future).  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. Kopplin, moved to adjourn this meeting at 10:20 p.m.  All voted aye; motion carried.

            ATTEST:

            ________________________________        ___________________________________

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