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, March 2, 2010 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 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Roadt, Sengstock, Vitale, and Weigel Excused 1- Reinke C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Czaplewski. D. PUBLIC HEARINGS 1. R-2010-0066 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the 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, miscellaneous driveway repairs, sanitary sewer relay and utility adjustments. Sponsors: Public Works Committee Explanation by Joseph Burtch, Assistant City Engineer. Appearances: Gary Cunico, 8800 W. Beloit Rd., commented on the $60,000 for lighting and continuation of service to his home. Madria Brockmeyer, 8612 W. Beloit Rd., asked what her property taxes pay for, and asked if the estimate will increase. Mark Witte, Village at Manor Park, 3023 S. 84 St., addressed the impact on five of their driveways. He asked about the S. 84 St. assessment, and requested that areas be open as much as possible. He stated his concerns relative to safety, and commented on the review of road signage. David Bickelhaupt, 8806 W. Beloit Rd., had questions about the sanitary sewer relay and contractor, and asked about the timeframe for the project. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 2. R-2010-0072 Resolution relative to determination of Special Use Permit for Midwest Gold Buyers, a proposed gold-buying business to be located at 1234 S. 108 St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. Item nos. 3-8 were taken together. 3. R-2010-0074 Resolution relative to determination of Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing lattice tower located at 2701 S. 92 St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: Conrad LeBeau, 2003 S. 96 St., commented on the regulation by the FCC and FDA. He addressed scientific research, provided a detailed analysis, and referenced his journal and newsletter. He commented on free radical reduction, disease effects, exposure levels, associated danger, and unintended consequences. He said that the long term loss of health does not justify the revenue generated. Mr. LeBeau provided statistics, and addressed his research with regard to sleep interruption. He suggested an opt out clause for the Common Council to cancel a contract. Mark Russert, Clear Wireless representative, offered his availability to answer any specific questions for any of the sites. Howard LaPine, 1000 S. 108 St., Lot A11, commented on research and radiation. He agreed with Conrad LeBeau, and addressed the effects on the brain. 4. R-2010-0073 Resolution relative to determination of Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing monopole located at 2550 S. 108 St. & 10607 W. Arthur Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: See legislative file no. R-2010-0074. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 5. R-2010-0077 Resolution relative to determination of Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing building located at 6600 W. Washington St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: See legislative file no. R-2010-0074. 6. R-2010-0071 Resolution relative to determination of Special Use Permit for proposed collocation of high-speed wireless equipment to be attached to the Aurora West Allis Medical Center building located at 8901 W. Lincoln Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: See legislative file no. R-2010-0074. 7. R-2010-0052 Resolution relative to determination of Special Use Permit for proposed collocation of high-speed wireless equipment to be attached to the existing water tower located at 11515 W. Rogers St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: See legislative file no. R-2010-0074. 8. R-2010-0080 Resolution relative to determination of Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing water tower located at 1981 S. 84 St. & 8435-37 W. National Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: See legislative file no. R-2010-0074. E. CITIZEN PARTICIPATION None. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 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 commented on the 2010 Census, and said that every resident that goes uncounted results in a $1200 per year loss of federal funds. He asked that residents reach out to their neighbors and friends regarding the Census. Mayor Devine announced an upcoming fundraiser to benefit St. Baldick's foundation which supports childhood cancer research. Alderpersons Comments None. H. AGENDA APPROVAL that the agenda as submitted be accepted I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of February 16, 2010 J. ITEMS NOT REFERRED TO COMMITTEE None. K. STANDING COMMITTEE REPORTS None. L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 7:45 p.m. Upon returning from recess at 8:42 p.m., and the roll call being taken, there were: Present 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Roadt, Sengstock, Vitale, and Weigel Excused 1- Reinke M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 9. R-2010-0078 Resolution relative to the transfer of $12,000 from the Contingency Fund to the General Promotional budget account for implementation of a new method of City Newsletter distribution (Publisher's Mail Services). Sponsors: Administration & Finance Committee 10. R-2010-0068 Resolution Relative to Adopting a HIPAA Notification of Breach of Unsecured Protected Health Information Policy. Sponsors: Administration & Finance Committee 11. 2010-0129 Fire Chief communication relative to consideration of Advanced Life Support billing rate modifications. Attachments: ALS BillingRate Ltr 2010.pdf 12. 2010-0128 Communication from City Administrative Officer regarding request to fill a vacant Engineering Technician position in the Engineering Department. Attachments: VACPOSREQ.EngTech 030210.pdf 13. R-2010-0039 Resolution Relative to Approving 2009 - Transfers, Carryovers, Open Purchase Orders, Capital Accumulation Charges and Negative Department Balances. Sponsors: Administration & Finance Committee Attachments: 2009 Carryovers.pdf City Attorney Claim Report 14. 2009-0045 Notice of Circumstances of Claim submitted by Habush Habush & Rottier S. C., on behalf of Thomas A. Pecard regarding injuries allegedly sustained at the intersection of South 70 Street and West Washington Street on December 6, 2008. and Placed on File 15. 2009-0120 Summons and Complaint in the matter of Citizens Bank of Mukwonago vs. City of West Allis, et al. 16. 2010-0032 Mike Veon communication regarding vehicle damage allegedly sustained on November 21, 2009 between South 55 and 56 Streets on Lincoln Avenue. Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Roadt, Sengstock, Vitale, and Weigel No: 0 PUBLIC WORKS COMMITTEE City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 17. R-2010-0053 Resolution accepting work of Capitol Pavers, Inc. for concrete reconstruction of the pavement, including miscellaneous walk repair, miscellaneous driveway repair, storm sewer, storm sewer relay, sanitary sewer relay, building services and utility adjustments in S. 119 St. from W. Ohio Avenue to W. Morgan Avenue and S. 123 St. from 395' south of W. Euclid Ave. to W. Ohio Ave. in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2005 Project No. 12. Sponsors: Public Works Committee 18. R-2010-0059 Resolution accepting work of Capitol Pavers, Inc. for street construction, sanitary sewer relay, sanitary sewer, storm sewer relay, storm sewer, water main, water main relay, building services and utility adjustments in W. Grant St. from S. 68th St. to S. 76th St. in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2009 Project No. 5. Sponsors: Public Works Committee 19. R-2010-0060 Resolution accepting work of Capitol Pavers, Inc. for the removal and reconstruction of the concrete alley pavement, storm sewer, storm spot relay, utility adjustments and storm underdrain in various alleys in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2009 Project No. 7. Sponsors: Public Works Committee 20. R-2010-0054 Resolution accepting work of LaLonde Contractors, Inc. for concrete reconstruction of the pavement, including miscellaneous walk repair, driveway replacement, storm sewer, storm sewer relay, sanitary sewer relay, water main, building services and utility adjustments in W. Grant St. from S. 55 St.-S. 60 St.; S. 57 St. from W. Mobile St.-W. Grant St.; W. Rogers St. from S. 53 St.-S. 56 St.; W. Washington St. from S. 96 St. to S. 97 St. in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2007 Project No. 5. Sponsors: Public Works Committee 21. R-2010-0057 Resolution accepting work of Milwaukee General Construction, Inc. for the removal and reconstruction of the concrete alley pavement, storm sewer, storm spot relay, utility adjustments and storm underdrain in various alleys in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2009 Project No. 1. Sponsors: Public Works Committee City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 22. R-2010-0058 Resolution accepting work of Reesman's Excavating & Grading, Inc. for street reconstruction, sanitary sewer relay, storm sewer relay, storm sewer, water main relay, building services and utility adjustments in S. 73rd Street from W. Walker St. to NCL; S. 74th St. from N/O W. Walker St. to W. Washington St.; S. 78th St. from W. Greenfield Ave. to W. National Ave. in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2009 Project No. 3. Sponsors: Public Works Committee 23. R-2010-0061 Resolution accepting work of Payne & Dolan, Inc. for asphalt resurfacing of the pavement including the cracking and seating of the pavement with miscellaneous driveway and sidewalk repair, water main relay, sanitary spot relay, storm sewer relay and utility adjustments in various locations in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2009 Project No. 6. Sponsors: Public Works Committee 24. R-2010-0063 Resolution accepting work of Payne & Dolan, Inc. for interim and minor street resurfacing, storm sewer relay, storm sewer spot relay, sanitary sewer relay, sanitary sewer spot relay, water main relay, building services and utility adjustments in various locations in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2009 Project No. 12. Sponsors: Public Works Committee 25. R-2010-0062 Resolution accepting work of MJ Construction, Inc. for installation of sanitary sewer relays, sanitary spot relays, sanitary spot lining, sanitary sewer lining and storm sewer lining in S. 68th St. from W. Beloit Rd. to SCL; S. 76th St. from W. Cleveland Ave. to 400' N. of W. Oklahoma Ave.; W. National Ave. from Union Pacific Railroad to S. 70th St.; and Easement 175' W. of S. 96th St. from W. Washington St. to 45' N. of W. Washington St. in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2009 Project No. 13. Sponsors: Public Works Committee 26. R-2010-0055 Resolution accepting work of Cornerstone Pavers, LLC for concrete patching, asphalt patching, manhole adjustments, and catch basin repairs at various locations in West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2009 Project No. 15. Sponsors: Public Works Committee 27. R-2010-0065 Resolution relative to accepting the proposal of Neenah Foundry Co. for furnishing and delivering cast iron manholes and catchbasins for a total sum of $92,101.00. Sponsors: Public Works Committee 28. R-2010-0069 Resolution relative to accepting the proposal of various suppliers for furnishing and delivering chimney seals, valves, water boxes and extensions for a total sum of $175,231.50. City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 Sponsors: Public Works Committee Attachments: 1071 Bid tabulation.pdf 29. R-2010-0070 Resolution to approve bid of Veolia ES Industrial Services, Inc., for closed circuit TV inspection of sanitary and storm sewers in various locations within the City of West Allis, in the amount of $71,637.60. Sponsors: Public Works Committee Attachments: 2010-1 Bid Results.pdf Public Hearing Items (Public Works Committee) 30. R-2010-0066 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the 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, miscellaneous driveway repairs, sanitary sewer relay and utility adjustments. Sponsors: Public Works Committee 31. R-2010-0067 Final Resolution authorizing public improvement by major asphalt resurfacing with miscellaneous walk, miscellaneous driveway repairs, sanitary sewer relay and utility adjustments in W. Beloit Rd. from S. 84 St. to W. Oklahoma Ave. and portions of intersecting streets and levying special assessments against benefited properties. Sponsors: Public Works Committee Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Roadt, Sengstock, Vitale, and Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 32. R-2010-0075 Resolution authorizing the awarding of Neighborhood Stabilization Program (NSP) funds to the City of West Allis from the Wisconsin Department of Commerce. Sponsors: Safety & Development Committee City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 33. R-2010-0076 Resolution approving a Sole Source professional services contract with Arcadis for the preparation of demolition specifications, oversight and asbestos assessment for the former Chalet Restaurant located at 6215 W. National Ave., in an amount not to exceed $19,400. Sponsors: Safety & Development Committee 34. R-2010-0064 Resolution approving a Certified Survey Map for the re-division of land for Phase 2 of Toldt's Six Points/Farmers Market Development, submitted by Helmut Toldt, d/b/a Toldt Development, Inc. Sponsors: Safety & Development Committee 35. 2010-0124 Certified Survey Map for the re-division of land for Phase 2 of Toldt's Six Points/Farmers Market Development, submitted by Helmut Toldt, d/b/a Toldt Development, Inc. Public Hearing Items (Safety & Development Committee) 36. R-2010-0072 Resolution relative to determination of Special Use Permit for Midwest Gold Buyers, a proposed gold-buying business to be located at 1234 S. 108 St. Sponsors: Safety & Development Committee 37. 2010-0097 Special Use Permit for Midwest Gold Buyers, a proposed gold-buying business to be located at 1234 S. 108 St. 38. R-2010-0074 Resolution relative to determination of Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing lattice tower located at 2701 S. 92 St. Sponsors: Safety & Development Committee 39. 2010-0092 Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing lattice tower located at 2701 S. 92 St. 40. R-2010-0073 Resolution relative to determination of Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing monopole located at 2550 S. 108 St. & 10607 W. Arthur Ave. Sponsors: Safety & Development Committee 41. 2010-0091 Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing monopole located at 2550 S. 108 St. & 10607 W. Arthur Ave. 42. R-2010-0077 Resolution relative to determination of Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing building located at 6600 W. Washington St. Sponsors: Safety & Development Committee 43. 2010-0094 Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing building located at 6600 W. Washington St. City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 44. R-2010-0071 Resolution relative to determination of Special Use Permit for proposed collocation of high-speed wireless equipment to be attached to the Aurora West Allis Medical Center building located at 8901 W. Lincoln Ave. Sponsors: Safety & Development Committee 45. 2010-0093 Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the Aurora West Allis Medical Center building located at 8901 W. Lincoln Ave. 46. R-2010-0052 Resolution relative to determination of Special Use Permit for proposed collocation of high-speed wireless equipment to be attached to the existing water tower located at 11515 W. Rogers St. Sponsors: Safety & Development Committee 47. 2010-0096 Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing water tower located at 11515 W. Rogers St. 48. R-2010-0080 Resolution relative to determination of Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing water tower located at 1981 S. 84 St. & 8435-37 W. National Ave. Sponsors: Safety & Development Committee 49. 2010-0095 Special Use Permit for proposed collocation of high speed wireless equipment to be attached to the existing water tower located at 1981 S. 84 St. & 8435-37 W. National Ave. 50. 2010-0020 Communication from Conrad LeBeau, 2003 S. 96 St., opposing the Special Use Permits for collocation of high speed wireless equipment to be located at various locations. Attachments: 2010-0020.pdf City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Roadt, Sengstock, Vitale, and Weigel No: 0 LICENSE & HEALTH COMMITTEE 51. 2010-0126 Video/Cable Communications Coordinator communication regarding recommendations for 4th Quarter Operating Funds to the West Allis Community Communications Corporation (WACCC) for the Public Access Channel. Attachments: 2010-0126.pdf 52. 2010-0127 Video/Cable Communications Coordinator communication regarding 4th quarter funding recommendations for the WA/WM School District educational access operations. Attachments: 2010-0127.pdf 53. 2010-0118 2010-2011 Used Vehicle Dealer License renewal application(s). License application nos. 29, 41, 187, 205, 210, 231-233, 256, 267, 1046, 1516, 1556 & 1585 granted. 54. 2010-0119 2010-2011 Mobile Home Park License renewal application(s). License application nos. 287-289 granted. 55. 2010-0123 Appointment of new agent, Dale F. Sosinski, by Mega Marts, LLC, d/b/a Pick 'n Save #6846 located at 2625 S. 108 St. (2009-2010 Combination Class A Liquor License no. 1087). 56. 2010-0122 2009-2010 and 2009-2011 Tavern Operator License applications. 2009-2010 License application nos. 425-426 granted and 2009-2011 License application nos. 437-439 granted. 57. 2010-0120 2009-2010 Special Class B Beer and Wine License application(s). License application no. 12 granted. 58. 2010-0125 Communication from Assistant City Attorney regarding non-payment of personal property taxes, for Children's Creative Corner and Mr. Gyros, and outstanding judgement for Mr. Gyros. Held in License & Health Committee during recess. City of West Allis Page 11 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 59. 2010-0105 2009-2010 Tavern Operator License application no. 10-424 of Manjit S. Shergill. 60. 2009-0782 2009-2010 Tavern Operator License application no. 10-413 of Cortney A. Oettinger. Held in License & Health Committee during recess. Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Roadt, Sengstock, Vitale, and Weigel No: 0 ADVISORY COMMITTEE 61. R-2010-0079 Resolution relative to the City of West Allis adopting the legislative position stating that the State Legislature be prohibited from passing any unfunded state mandates, but if the State Legislature does pass any unfunded State Mandates on wages, compensation, and any and all related benefits, that the legislation allow the City to pass on the new, added total cost to employees. Sponsors: Ald. Czaplewski Aye: 8- Barczak, Czaplewski, Kopplin, Lajsic, Roadt, Sengstock, Vitale, and Weigel No: 1- Narlock 62. 2010-0121 City Administrative Officer, Clerk/Treasurer communication requesting permission to destroy certain records. Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, 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 None. City of West Allis Page 12 Printed on 12/21/2018 Common Council Meeting Minutes March 2, 2010 O. ADJOURNMENT to adjourn at 8:48 p.m., with the next regularly scheduled meeting to be held on March 16, 2010, 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 13 Printed on 12/21/2018