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, December 7, 2010 7:00 PM City Hall Common 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. Sengstock. D. PUBLIC HEARINGS 1. R-2010-0260 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. Grant St. from S. 84 St. to S. 90 St., S. 85 St. from W. Grant St. to W. Becher St., S. 86 St. from W. Grant St. to W. Becher St., and portions of intersecting streets by concrete reconstruction with miscellaneous walk repair, new driveway approaches, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments. Sponsors: Public Works Committee Explanation by Peter Daniels, Principal Engineer. Appearances: Robert Braun, 2160 S. 86 St., addressed the petition and commented on the project's support and opposition. He commented on speeding in the area and the refusal to put in speed bumps. He said that the price is too high, and requested to defer the project since the taxpayers don't want it. Violet Braun, 2160 S. 86 St., commented on traffic and speed and requested speed bumps. She requested the use of asphalt, and addressed the poor economy and that taxpayers are getting hit hard in West Allis. Tim Kant, 2177 S. 85 St., supported the project. He said that the street has been in poor shape for many years. He commented on speeding on W. Grant St. and asked that the stop sign be made permanent. Nancy Stengel, 2176 S. 86 St., supported the project. She said that the street has had enough patching, and it needs to be reconstructed. She mentioned that a payment plan is available. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes December 7, 2010 Gordon Gunderson, 2183 S. 86 St., supported the plan to reconstruct the street. He said that the street has deteriorated to potholes, and that the street is used for traffic to various facilities. He stated that it is not safe to ride a bicycle or motorcycle, and that money is being wasted by continuously filling potholes. He commented that patches get ripped up, and said that those who signed the petition may have been misled into signing it. He stated that asphalt is cheaper, but the concrete has deteriorated too much and it is time to redo the street. He said that kids will drive fast no matter what and speed bumps are not proper for city streets. He addressed that everybody will benefit by higher property values and resale values, and it is the City's responsibility to maintain the infrastructure. Maureen Gunderson, 2133 S. 86 St., supported the project, does not want to pay a higher price in the future, and said that the streets should be beautified. Jeff Vogt, 2169 S. 86 St., supported the project, and said that the street is in poor condition. He said that some petitioners have alley access, and speed bumps are not a practical solution. He stated the street needs to be done so costs don't increase more over time. 2. R-2010-0266 Resolution relative to Special Use Permit to establish administrative facilities and classrooms for the West Allis/ West Milwaukee School District, as well as first-floor retail occupancy to be located at 1205 S. 70 St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 3. R-2010-0267 Resolution relative to determination of Special Use Permit for a proposed educational institution to be operated by Oconomowoc Residential Programs, Inc. within the existing school building of St. Augustine's Church located at 6753-6763 W. Rogers St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 4. R-2010-0265 Resolution relative to determination of Special Use Permit to establish Empower Credit Union, a financial institution with drive-thru facilities to be located at 10635 W. Greenfield Ave. (former Harry's True Value). Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes December 7, 2010 5. O-2010-0052 Ordinance to amend the official West Allis Zoning Map by rezoning two properties located at 1341-43 and 43A S. 63 St. and 13** S. 63 St. from RB-2 Residence District to C-3 Community Commercial District and to create a PDD-1 overlay over the 2 properties. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. E. CITIZEN PARTICIPATION Jim Fendry, Greendale, representing Wisconsin Pro-Gun Movement, said that firearms hold a unique place in our society, and commented on the right to keep and bear arms. He addressed various legal decisions, and asked that the bullet points be reviewed in the document he provided. He said that municipalities are prohibited from regulating firearms by ordinance, and requested that the matter be discharged. He commented that the City could ask for the state law to address this type of situation. 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 thanked Don Falk and the Christmas Parade Committee for the outstanding Parade and thanked the Celebrations Committee for their work. Alderpersons Comments Ald. Vitale said the Common Council has the power to pass ordinances including where to place gun shops. Ald. Kopplin commented on Pearl Harbor Day and thanked the World War II veterans for their service. Ald. Reinke thanked all those who supported the veterans' Christmas tree project. Ald. Vitale commented on a Milwaukee Journal Sentinel editorial, the decisions made by Congress and the Senate, and the Bush tax cuts. H. AGENDA APPROVAL that the agenda as submitted be accepted City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes December 7, 2010 I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of November 16, 2010 J. ITEMS NOT REFERRED TO COMMITTEE 6. 2010-0678 Summons and Complaint in the matter of Waterstone Bank, SSB, f/k/a Wauwatosa Savings Bank vs. Kenneth F. Plame, et al, regarding foreclosure of mortgage, Case No. 10CV019387. 7. 2010-0685 Summons and Complaint in the matter of BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P., c/o BAC Home Loans Servicing L.P. vs. Willie Anderson, et al, regarding foreclosure of mortgage, Case No. 10CV019529. 8. 2010-0686 Summons and Complaint in the matter of Anchorbank, FSB vs. Beth Krumnow, et al, regarding foreclosure of mortgage, Case No. 10CV019650. 9. 2010-0691 Summons and Complaint in the matter of Waterstone Bank, SSB, f/k/a Wauwatosa Savings Bank vs. Kenneth F. Plame, et al, regarding foreclosure of mortgage, Case No. 10CV019248. 10. 2010-0696 Notice of Injury submitted by Diane M. Shtaida regarding injuries allegedly sustained at 11301 W. Lincoln Ave. on October 18, 2010. Passed The Block Vote 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 7:54 p.m. Upon returning from recess at 8:44 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 COMMITTEE City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes December 7, 2010 11. R-2010-0262 Resolution relative to accepting the proposal of Industrial Marketing & Consulting as a sole sourced vendor to provide an articulating tractor for a total net sum of $115,893.00, which will need to be borrowed from the Contingency Fund and repaid from the 2011 Fleet Services Capital Equipment budget. Sponsors: Administration & Finance Committee and Public Works Committee Attachments: 1107 Articulating Tractor sole source letter.pdf 12. R-2010-0264 Resolution relative to accepting the proposal of Thermo Scientific Corporation for furnishing one (1) X-Ray Fluorescence Analyzer for a total net sum of $16,410.00. Sponsors: Administration & Finance Committee Attachments: 1110 X-Ray Fluorescence Analyzer sole source letter.pdf 13. R-2010-0268 Resolution relative to approving the Renewal Agreement between the City of West Allis and the Aurora Employee Assistance Program for Employee Assistance Services for 2010 through 2012. Sponsors: Administration & Finance Committee 14. 2010-0689 Communication from the City Attorney and the Director of Public Works/City Engineer regarding changes in the insurance requirements for City contracts. Attachments: Microsoft Word - Mayor&Aldp-Insur Changes-Contracts.pdf City Attorney Claim Report 15. 2004-0716 Lanier, Pleas & Hopkins Law Offices, Ltd. communication on behalf of their client, Enetrea Newell, regarding an incident with the West Allis Police Department on September 23, 2004. 16. 2010-0515 Julieann Matson communication regarding damages allegedly sustained on August 9, 2010 at 2116 S. 108 St. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 PUBLIC WORKS COMMITTEE 17. 2010-0692 Communication from Downtown West Allis Business Improvement District requesting to close Greenfield Avenue, and assistance with parking restrictions and signs for West Allis Ala Carte on Sunday, June 5, 2011. Attachments: 2010-0692.pdf Public Hearing Items (Public Works Committee) City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes December 7, 2010 18. R-2010-0260 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. Grant St. from S. 84 St. to S. 90 St., S. 85 St. from W. Grant St. to W. Becher St., S. 86 St. from W. Grant St. to W. Becher St., and portions of intersecting streets by concrete reconstruction with miscellaneous walk repair, new driveway approaches, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments. Sponsors: Public Works Committee 19. R-2010-0261 Final Resolution authorizing public improvement by concrete reconstruction with miscellaneous walk repair, new driveway approaches, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments in W. Grant St. from S. 84 St. to S. 90 St., S. 85 St. from W. Grant St. to W. Becher St., S. 86 St. from W. Grant St. to W. Becher St., and portions of intersecting streets and levying special assessments against benefited properties. Sponsors: Public Works Committee 20. 2010-0687 Petition submitted by property owners opposed to the concrete reconstruction project for S. 85 St. and S. 86 St. between Grant St. and Becher St., and W. Grant St. between S. 84 St. and S. 90 St. Attachments: 2010-0687 petition.pdf Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 21. O-2010-0051 An Ordinance to create Subsection 12.43(2)(n) and to amend Subsection 12.45(2) relative to permitting pawn shop businesses as a special use within the C-4, Regional Commercial District and to amend Subsection 12.41(2)(ee) relative to second hand jewelry and/or second hand article and/or junk shop establishments in the C-2, Neighborhood Commercial District. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. 22. R-2010-0263 Resolution declaring West Allis Ala Carte scheduled for June 5, 2011 between Noon and 6:00 p.m. as a Community Event. Sponsors: Safety & Development Committee City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes December 7, 2010 23. 2010-0694 Special Use Permit to establish Panda Express, a fast-food restaurant with drive-through facilities, to be located at 2575 S. 108 St. Held in Safety & Development Committee during recess. 24. O-2010-0048 Ordinance to amend Subsection 12.40(1)(ii) and 12.41(1)(dd) relative to sporting good stores. To repeal Subsection 12.41(1)(q) relative to indoor gun ranges in the C-2, Neighborhood Commercial District. To repeal and recreate Subsection 12.48(3)(a) relative to firearm ranges in Park Districts and to amend Subsection 12.43(2)(m) of the Revised Municipal Code to permit gun, firearm and/or ammunition sales; sporting good stores with gun, firearm and/or ammunition sales; and, indoor ranges as a permitted use within the C-4 Regional Commercial District. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. Public Hearing Items (Safety & Development Committee) 25. R-2010-0266 Resolution relative to Special Use Permit to establish administrative facilities and classrooms for the West Allis/ West Milwaukee School District, as well as first-floor retail occupancy to be located at 1205 S. 70 St. Sponsors: Safety & Development Committee 26. 2010-0693 Special Use Permit to establish administrative facilities and classrooms for the West Allis / West Milwaukee School District, as well as first-floor retail occupancy to be located at 1205 S. 70 St. 27. R-2010-0267 Resolution relative to determination of Special Use Permit for a proposed educational institution to be operated by Oconomowoc Residential Programs, Inc. within the existing school building of St. Augustine's Church located at 6753-6763 W. Rogers St. Sponsors: Safety & Development Committee 28. 2010-0674 Special Use Permit for a proposed educational institution to be operated by Oconomowoc Residential Programs, Inc. within the existing school building of St. Augustine's Church located at 6753-6763 W. Rogers St. 29. R-2010-0265 Resolution relative to determination of Special Use Permit to establish Empower Credit Union, a financial institution with drive-thru facilities to be located at 10635 W. Greenfield Ave. (former Harry's True Value). Sponsors: Safety & Development Committee City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes December 7, 2010 30. O-2010-0052 Ordinance to amend the official West Allis Zoning Map by rezoning two properties located at 1341-43 and 43A S. 63 St. and 13** S. 63 St. from RB-2 Residence District to C-3 Community Commercial District and to create a PDD-1 overlay over the 2 properties. Sponsors: Safety & Development Committee Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 LICENSE & HEALTH COMMITTEE 31. 2010-0697 Video/Cable Communications Coordinator communication regarding recommendations for Third quarter operating funding to the West Allis Community Communications Corporation (WACCC) for the Public Access operations. Attachments: 2010-0697.pdf 32. 2010-0698 Video/Cable Communications Coordinator communication regarding Third quarter operating funding for the Educational Access Channel. Attachments: 2010-0698.pdf 33. 2010-0688 Tavern Operator License applications. 2010-2011 License application nos. 569-572, 574-575, 577-580 & 582 granted and 2010-2012 License application nos. 254 & 256 granted. 34. 2010-0690 2010-2011 Used Vehicle Dealer License application(s). License application no. 1237 granted. 35. 2010-0695 2010-2011 Special Class B Beer and Wine License application(s). License application no. 17 granted. 36. 2010-0684 Police Department Report involving Mario's, 1900 S. 60 St. (2010-2011 Class B Tavern License no. 1091, Dance Hall License no. 1092 and Instrumental Music License no. 1093 of M & W Hospitality, Inc., Mario P. Morgese, Agent, Incident Date: October 31, 2010). Held in License & Health Committee during recess. 37. 2010-0666 2010-2011 Adult-Oriented Establishment Operator Permit application no. 1729 of Kelsey E. Zilles. City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes December 7, 2010 Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 ADVISORY COMMITTEE None. N. OTHER MATTERS RELATING TO THE AFFAIRS AND GOVERNMENT OF THE CITY WHICH MAY PROPERLY BE BROUGHT BEFORE THE COMMON COUNCIL None. O. ADJOURNMENT to adjourn at 8:48 p.m., with the next regularly scheduled meeting to be held on December 21, 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 9 Printed on 12/21/2018