Common Council

City of West Allis Meeting Minutes Common Council Mayor Dan Devine, Chair Alderperson James W. Sengstock, Council President Alderpersons: Gary T. Barczak, Michael J. Czaplewski, Kurt E. Kopplin, Thomas G. Lajsic, Richard F. Narlock, Rosalie L. Reinke, Daniel J. Roadt, Vincent Vitale, and Martin J. Weigel Tuesday, October 6, 2009 7:00 PM City Hall - Council Chambers REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Mayor Devine at 7:00 p.m. B. ROLL CALL Present 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Czaplewski. D. PUBLIC HEARINGS 1. R-2009-0225 Resolution relative to determination of Special Use Permit for proposed West Allis Center for Early Education, a proposed daycare center to be located at 8306 W. Lincoln Ave. Sponsors: Safety & Development Committee Explanation by Steve Schaer, Manager of Planning and Zoning. Appearances: Edward Wachowiacz, 2308 S. 83 St., inquired about the parking spaces and play area, and commented on snowplowing concerns. 2. R-2009-0228 Resolution relative to determination of Special Use Permit for proposed expansion of Don's Auto Body, an auto repair facility located at 2201 S. 116 St. Sponsors: Safety & Development Committee Explanation by Steve Schaer, Manager of Planning and Zoning. Appearances: None. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 3. R-2009-0213 Resolution to approve the Year 2010 Operating Plan for the Downtown West Allis Business Improvement District and to adopt the Special Assessment Method as stated therein (Final). Sponsors: Advisory Committee Attachments: YR 2010 OPERATING PLAN Downtown WA BID.pdf Explanation by Patrick Schloss, Manager of Community Development. Appearances: None. E. CITIZEN PARTICIPATION Jenny Jezo, 11710 W. Hayes Ave., stated that she was speaking on behalf of her neighbors on S. 117 and S. 118 Streets regarding the preservation and integrity of the neighborhood. She addressed the violation of rights for the neighborhood; and referenced Petitions #1, #2 and #3 for the School Board and City. She commented on agricultural vehicles parked at Nathan Hale High School, removal of parking restriction signs, traffic pattern changes, parking restriction signage near Central High School, objection to paying sanctions and repairs relative to the street, and nuisance and quality of life matters. She addressed campaign material relative to the April 2008 election. She requested: abolish the summer activities at Nathan Hale High School's parking lot; abolish the parking permit fees and require the students to park in the lot; and abolish the traffic pattern at Nathan Hale and restore it back to the way it was. She acknowledged and thanked Ald. Sengstock for signage, and requested a no thru traffic sign and local access only sign similar to what is used by Menards. She opposed the upcoming assessment relative to the future improvement of the street, and addressed site plans for the school. She requested an affirmative answer prior to next Council meeting, and commented on recognizing benefits now and in the future. John Korich, 2509 S. 117 St., stated his concerns with regard to the safety of the children and snowplowing near Nathan Hale High School. F. ANNOUNCEMENT OF RECESS MEETINGS OF STANDING COMMITTEES Mayor Devine announced that the following Committees would meet during recess: Administration & Finance, Public Works, Safety & Development, License & Health, and Advisory. G. MISCELLANEOUS BUSINESS Mayor's Report Mayor Devine attended the ribbon cutting at the Towne Center; he announced the Run/Walk at the Milwaukee Mile hosted by the Community Alliance Against Drugs; and he reminded residents about the wireless hot spots throughout the City for Wi-Fi. Alderpersons Comments Ald. Sengstock explained that debate with the public is not allowed during the Common Council meeting. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 H. AGENDA APPROVAL that the agenda as submitted be accepted I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of September 15, 2009 J. ITEMS NOT REFERRED TO COMMITTEE 4. R-2009-0211 Resolution of Commendation for Michael F. Pertmer. Sponsors: Common Council 5. 2009-0641 Report of the Municipal Judge for the month of August 2009, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $107,483.40. Attachments: Municipal Judge Report August 2009.pdf 6. 2009-0637 Quarterly Report of Matters Pending Before Committee Prior to July 1, 2009. Attachments: Quarterly Report 07-01-09.pdf 7. 2009-0625 McNally Law Offices, S.C. communication submitted on behalf of Deandrew Smith regarding injuries allegedly sustained on August 21, 2009. 8. 2009-0626 John Mueller communication regarding a sewer backup allegedly sustained at 2377 S. 93 Street on September 11, 2009. 9. 2009-0627 Snyder & Ek. S.C. communication submitted on behalf of Janet L. Jensen regarding personal injury allegedly sustained on August 15, 2009. 10. 2009-0628 American Family Insurance Group Notice of Claim on behalf of William Melloch for injuries allegedly sustained at the intersection of South 66 Street and West Beloit Road on August 13, 2009. 11. 2009-0632 Diane C. Phillips communication regarding injury allegedly sustained at 908 S. 76 Street on September 17, 2009. Passed The Block Vote K. STANDING COMMITTEE REPORTS None. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 7:29 p.m. Upon returning from recess at 8:12 p.m., and the roll call being taken, there were: Present 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE AND PUBLIC WORKS COMMITTEES 12. 2009-0647 Report from City Administrative Officer regarding organizational structure of the City with respect to the Public Works Department and the Engineering Department. Attachments: RPT.DPW ENG OrgStruct.pdf Held in Administration & Finance Committee during recess. ADMINISTRATION & FINANCE COMMITTEE 13. R-2009-0210 Resolution to approve a comprehensive Signage Assistance Project Contract by and between the City of West Allis and Patrick Morgan for the property located at 7911-21 W. Becher St. in an amount not to exceed $500.00. Sponsors: Administration & Finance Committee 14. R-2009-0214 Resolution Amending an Investment Policy and Designating Public Depositories. Sponsors: Administration & Finance Committee Attachments: Amending Investment Oct 6.pdf 16. 2009-0645 Communication from Mayor Devine appointing Mr. Thomas Harmatys as Acting Director of Public Works. Attachments: Appt of THarmatys as Acting PWDir.pdf 17. 2009-0644 Communication from City Administrative Officer regarding request to fill an upcoming vacant position of Certified Equipment Mechanic in the Public Works Fleet Services Division. Attachments: CertifEquipMech Position.pdf 18. 2009-0636 2010 City of West Allis Mayor's Recommended Budget. Attachments: Budget Blue Pages.2010 Rec.pdf Held in Administration & Finance Committee during recess. 19. 2009-0646 Comptroller/Manager of Finance submitting the City of West Allis Unaudited Internal Financial Reports as of October 2, 2009. Attachments: Prelim Sept 2009.pdf Final Aug 2009.pdf City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 City Attorney Claim Report 20. 2003-0574 Alan D. Eisenberg communication submitted on behalf of David J. Kelly regarding damages allegedly sustained on August 2, 2003. 21. 2008-0668 Doreen McLaughlin communication regarding damages allegedly sustained at South 59 Street on September 30, 2008. 22. 2009-0503 Kenneth Waara communication regarding vehicle damage allegedly sustained at the intersection of S. 76 St. and W. Grant St. on June 18, 2009. 23. 2009-0505 Pearl A. Steberger communication regarding vehicle damage allegedly sustained at 1012 S. 64 St. 24. 2009-0529 Jon Kopp communication regarding vehicle damage allegedly sustained at S. 78 St. and W. Greenfield Ave. on June 21, 2009. 25. 2009-0562 Mark A. Berginz communication submitted on behalf of Christine M. Spallato regarding vehicle damage allegedly sustained on the east side of S. 95 St. on August 13, 2009. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 15. R-2009-0215 Resolution relative to accepting the proposal of Badger Lighting & Signs for furnishing and installing a double-sided monument sign for a total sum of $27,760.70. Sponsors: Administration & Finance Committee Attachments: 1051 Centennial Sign tabulation.pdf Aye: 8- Barczak, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 2- Czaplewski, and Vitale City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 PUBLIC WORKS COMMITTEE 26. R-2009-0219 Resolution to approve bid of Globe Contractors, Inc. for installation of sanitary sewer relay and building services in the Union Pacific ROW from S. 95th St. to 165' W. of S. 95 St. and S. 95th St. from Union Pacific Railroad ROW to W. Rogers St. in the City of West Allis, in the amount of $130,481.00. Sponsors: Public Works Committee Attachments: 2009-16 Bid Results.pdf 27. R-2009-0220 Resolution to approve bid of Snorek Construction, Inc. for sidewalk repair in the general area bounded by S. 100 St., S. 124 St., W. Fairview Ave. to the Union Pacific Railroad in the amount of $78,601.00. Sponsors: Public Works Committee Attachments: 2009-17 Bid Results.pdf 28. R-2009-0221 Resolution authorizing and directing the City Engineer to sign an Encroachment Agreement with the Union Pacific Railroad Company for use of their right-of-way for a sanitary sewer. Sponsors: Public Works Committee Attachments: RES-UPRR Encroachment.pdf 29. R-2009-0222 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of S. 68 St. from W. Lincoln Ave. to South Corporate Limits and W. National Ave. from S. 70 St. to Union Pacific Railroad by major asphalt resurfacing with miscellaneous walk repair and utility adjustments. Sponsors: Public Works Committee 30. R-2009-0224 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of W. Rogers St. from S. 67 Pl. to S. 76 St. and S. 67 Pl. from W. Rogers St. to W. Becher Pl. by concrete reconstruction with miscellaneous walk repair, miscellaneous driveway repair, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments. Sponsors: Public Works Committee 31. R-2009-0226 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of various alleys in the City of West Allis by removal and reconstruction of the concrete alley pavement, storm sewer, storm sewer relay and storm underdrain. Sponsors: Public Works Committee City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 32. R-2009-0227 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of various streets in the City of West Allis by minor asphalt resurfacing with miscellaneous walk repair, miscellaneous driveway repair, water main relay, building services and utility adjustments. Sponsors: Public Works Committee 33. R-2009-0229 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of W. Beloit Rd. from S. 84 St. to W. Oklahoma Ave. and portions of intersecting streets by major asphalt resurfacing with miscellaneous walk repair, miscellaneous driveway repair, sanitary sewer relay and utility adjustments. Sponsors: Public Works Committee 34. R-2009-0230 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of S. 99 St. from W. Cleveland Ave. to W. Oklahoma Ave. and portions of intersecting streets by concrete pavement repair and utility adjustments. Sponsors: Public Works Committee 35. R-2009-0231 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of general area bounded S. 76 St., S. 108 St., W. Cleveland Ave. and W. Oklahoma Ave. by miscellaneous sidewalk repair and miscellaneous driveway repair. Sponsors: Public Works Committee 36. 2009-0624 Communication from the Director of Public Works relative to a high water bill complaint at 2107 South 84 Street. Attachments: water bill adjustment treml.pdf Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 37. R-2009-0216 Resolution relative to determination of Special Use Permit to establish a church and educational facility, d/b/a Desatar Ministries within the existing building located at 2213 S. 54 St. Sponsors: Safety & Development Committee 38. R-2009-0212 Resolution relative to denial of Special Use Permit to establish a church and educational facility, d/b/a Desatar Ministries within the existing building located at 2213 S. 54 St. Sponsors: Safety & Development Committee City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 39. 2009-0623 Special Use Permit to establish a church and educational facility, d/b/a Desatar Ministries within the existing building located at 2213 S. 54 St. 40. R-2009-0209 Resolution approving the Offer to Purchase of approximately one acre of surplus City owned property located on the northeast segment of the property at 11301 W. Lincoln Ave. for $75,000. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. 41. R-2009-0218 Resolution relative to authorizing the submittal of federal grant applications by the Director of Development and the subsequent appropriation of necessary local matching funds for the U.S. Environmental Protection Agency's Brownfield Assessment Grant Program and Brownfield Revolving Loan Grant Program. Sponsors: Safety & Development Committee 42. R-2009-0223 Resolution to authorize the submittal of state grant applications by the Director of Development and the subsequent appropriation of necessary local matching funds for a Round 11 Brownfield Site Assessment Grant. Sponsors: Safety & Development Committee 43. 2009-0639 Special Use Permit for proposed New Number One Restaurant to be located within the River Bend Shopping Center, 7536 W. Oklahoma Ave. Held in Safety & Development Committee during recess. 44. 2009-0629 Special Use Permit for Hawg City Grill, a proposed restaurant and catering facility at 5935 W. Beloit Rd. Held in Safety & Development Committee during recess. 45. R-2009-0194 Resolution relative to determination of Special Use Permit to establish a processing and production facility for alcohol/spirits (no on site sales) located at 2078 S. 56 St. (Tax Key No. 474-0264-003) Sponsors: Safety & Development Committee 46. 2009-0549 Special Use Permit to establish a processing and production facility for alcohol/spirits (no on site sales) located at 2078 S. 56 St. (Tax Key No. 474-0264-003) City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 Public Hearing Items (Safety & Development Committee) 47. R-2009-0225 Resolution relative to determination of Special Use Permit for proposed West Allis Center for Early Education, a proposed daycare center to be located at 8306 W. Lincoln Ave. Sponsors: Safety & Development Committee 48. 2009-0605 Special Use Permit for proposed West Allis Center for Early Education, a proposed daycare center to be located at 8306 W. Lincoln Ave. 49. R-2009-0228 Resolution relative to determination of Special Use Permit for proposed expansion of Don's Auto Body, an auto repair facility located at 2201 S. 116 St. Sponsors: Safety & Development Committee 50. 2009-0606 Special Use Permit for proposed expansion of Don's Auto Body, an auto repair facility located at 2201 S. 116 St. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 LICENSE & HEALTH COMMITTEE 51. 2009-0634 2009-2010 Class B Tavern License application no. 1594 of PAROPS LLC, Hans T. Anderson, Agent, d/b/a Night Court premises located at 7127 W. National Ave. (new-existing location). 52. 2009-0642 Time Warner Cable communication regarding new theme based channel line-ups to be completed October 13, 2009. Attachments: Time Warner Cable comm.pdf 53. 2009-0630 Findings and Recommendations in the Matter of the Complaint against Doyle Foodservices, Inc., Thomas C. Doyle, Agent, d/b/a Tommasino Italia for premises located at 7335 W. Greenfield Ave. (2009-2010 Class B Tavern License application no. 887). Attachments: Doyle comm.pdf Facts & Findings.Doyle Foodservices, Inc..pdf 54. 2009-0631 2009-2010 Special Class B Beer and Wine License application(s). License application no. 4 granted. City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 55. 2009-0633 2009-2010 Adult-Oriented Establishment Operator Permit application(s). License application no. 1595 granted. 56. 2009-0643 2009-2010 Instrumental Music License application no. 1597 (2009-2010 Class B Tavern License no. 1500), of Susan C. Jesion, d/b/a 6500 Bar & Grill for premises located at 6500 W. Greenfield Ave. Held in License & Health Committee during recess. 57. 2009-0648 2009-2010 Secondhand Article Dealer License appl. no. 1596 of Jason R. Koehler, d/b/a Affordable Power Equipment for premises at 6129 W. Beloit Road. Held in License & Health Committee during recess. 58. 2009-0640 2009-2010 and 2009-2011 Tavern Operator License applications. 2009-2010 License application nos. 394, 396-400 granted. 2009-2011 License application nos. 390-392 granted. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 ADVISORY COMMITTEE 59. 2009-0635 Legislative Committee minutes for September 22, 2009. Attachments: LEG CMTE MINS 092209.pdf 60. 2009-0649 Reappointment by Mayor Devine of Frederick Kuolt as a member of the West Allis Block Grant Committee, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, his two-year term to expire September 1, 2011. 61. 2009-0650 Reappointments by Mayor Devine to the West Allis Block Grant Committee of Sr. Paula Marie Jarosz, Michael May, Debra Plantiko, and Rebecca Murray, their two-year terms to expire September 1, 2011. 62. 2009-0651 Reappointment by Mayor Devine of David Wied as a member of the West Allis Community Celebrations Committee. 63. 2009-0652 Reappointments by Mayor Devine of members of the West Allis Youth Commission. City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes October 6, 2009 Public Hearing Item (Advisory Committee) 64. R-2009-0213 Resolution to approve the Year 2010 Operating Plan for the Downtown West Allis Business Improvement District and to adopt the Special Assessment Method as stated therein (Final). Sponsors: Advisory Committee Attachments: YR 2010 OPERATING PLAN Downtown WA BID.pdf Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 N. OTHER MATTERS RELATING TO THE AFFAIRS AND GOVERNMENT OF THE CITY WHICH MAY PROPERLY BE BROUGHT BEFORE THE COMMON COUNCIL Ald. Sengstock announced the November 17, 2009 Common Council regular meeting will begin at 5 p.m. O. ADJOURNMENT to adjourn at 8:24 p.m., with the next regularly scheduled meeting to be held on October 20, 2009, at 7:00 p.m /s/ Paul M. Ziehler City Administrative Officer Clerk/Treasurer All meetings of the {bdName} are public meetings. In order for the general public to make comments at the committee meetings, the individual(s) must be scheduled (as an appearance) with the chair of the committee or the appropriate staff contact; otherwise, the meeting of the committee is a working session for the committee itself, and discussion by those in attendance is limited to committee members, the mayor, other alderpersons, staff and others that may be a party to the matter being discussed. NON-DISCRIMINATION STATEMENT The City of West Allis does not discriminate against individuals on the basis of race, color, religion, age, marital or veterans' status, sex, national origin, disability or any other legally protected status in the admission or access to, or treatment or employment in, its services, programs or activities. AMERICANS WITH DISABILITIES ACT NOTICE Upon reasonable notice the City will furnish appropriate auxiliary aids and services when necessary to afford individuals with disabilities an equal opportunity to participate in and to enjoy the benefits of a service, program or activity provided by the City. LIMITED ENGLISH PROFICIENCY STATEMENT It is the policy of the City of West Allis to provide language access services to populations of persons with Limited English Proficiency (LEP) who are eligible to be served or likely to be directly affected by our programs. Such services will be focused on providing meaningful access to our programs, services and/or benefits. City of West Allis Page 11 Printed on 12/21/2018