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, July 5, 2011 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. Kopplin. D. PUBLIC HEARINGS 1. R-2011-0158 Resolution relative to determination of Special Use Permit to establish outdoor dining extension of premise at Boz's Sports Bar and the Gourmet Cheesecake Shoppe, existing businesses at 1325-1329 S. 70 St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 2. R-2011-0159 Resolution relative to the determination of Special Use Permit for Auto Repair LLC, a proposed auto repair business, to be located at 6320 W. Burnham St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: Carol Graham, 1808 S. 63 St., addressed respect in the neighborhood, and commented on her concerns relative to trash, parked cars, and paint odor. Norm Macleod, 1816 S. 64 St., addressed concerns regarding speed, hours of operation, paint fumes odor, and respect for the neighborhood and the rules. Maribel Abanto and Julio, business owners, addressed parking, speeding and garbage concerns. She described the business operation. They commented on working with the neighbors on their concerns once permitting issues are addressed and before additional financial commitments are made. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 3. R-2011-0166 Resolution approving an amendment to the Community Development Block Grant (CDBG) Program FY 2011 Action Plan. Sponsors: Administration & Finance Committee Explanation by John Stibal, Director of Development. Appearances: None. E. CITIZEN PARTICIPATION James Mejchar, 3200 S. 116 St., commented on Relay for Life at the Milwaukee Mile. Russell Retzack, 3028 S. 83 St., reported on the Ethics Board meeting and said that all Economic Interest Statements were returned and he found no evidence of conflict of interest. Also, he commented on the Southeastern Move to Amend group and its effort to bring about change relative to the U.S. Supreme Court's decision in spending large amounts of money by large corporations. Mary Laan, co-chair for Southeastern Move to Amend addressed their signature campaign on informing residents about the Supreme Court decision on Citizens United. She commented on the placement of a proposed resolution on the spring ballot as a referendum. 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 everyone who participated in the July 4th activities. He commented on the National Night Out scheduled for July 25th. Also, Mayor Devine said that the boxcar previously located at State Fair Park is now at the Green Bay National Railroad Museum. Alderpersons Comments Ald. Weigel invited youths from the age of 10-13, beginning on July 11th, to a program on how to safely ride bicycles. Ald. Reinke reported on the July 4th events and activities. She thanked everyone involved, the sponsors, and those who participated. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 H. AGENDA APPROVAL that the agenda as submitted be accepted I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of June 21, 2011 J. ITEMS NOT REFERRED TO COMMITTEE 4. 2011-0402 Allstate Property and Casualty Insurance Company Subrogation Claim Notice on behalf of Steven Wesolowski for vehicle damages allegedly sustained on March 25, 2011 on W. Greenfield Ave. and Hwy 894/45. Claim No. 0196551634 ART. 5. 2011-0403 Mathew Krasovich communication regarding reimbursement request for sewer work at 1457 S. 77 St. in May 2011. 6. 2011-0406 Summons and Complaint in the matter of U.S. Bank National Association vs. Jill M. Brezovar, et al, regarding foreclosure of mortgage, Case No. 11-CV-009883. 7. 2011-0414 Amended Summons and Complaint in the matter of Wells Fargo Bank, N.A. vs. Diane M. Klein, et al, regarding foreclosure of mortgage, Case No. 11-CV-002467. 8. 2011-0415 Summons and Complaint in the matter of JP Morgan Chase Bank, National Association vs. Nablusco, Inc., et al, regarding foreclosure of mortgage, Case No. 11CV009612. 9. 2011-0416 Summons and Complaint in the matter of BAC Home Loans Servicing, L.P., vs. Maria E. Garcia, et al, regarding foreclosure of mortgage, Case No. 11CV009315. 10. 2011-0418 Scott & Deb Philipps communication regarding vehicle damages allegedly sustained westbound on W. Greenfield Ave. about S. 116 St. on June 20, 2011. 11. 2011-0419 Concorde Adjusters, Inc. on behalf of First Student, Inc., communication regarding damages allegedly sustained at 1504 S. 95 St. on June 4, 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 7:40 p.m. Upon returning from recess at 9:00 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 12. 2011-0440 Communication from Director of Public Works/City Engineer regarding status of upcoming water rate increase by Wisconsin Public Service order. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 13. O-2011-0024 An Ordinance to amend Salary Ordinance No. O-2008-0016 establishing the salary ranges of certain employees in the Executive Service, the Managerial Service, the Deputy Service, and the Confidential, Professional and Supervisory Service of the City of West Allis for the years 2008-2010 (Building & Sign Maintenance/Inventory Superintendent). Sponsors: Administration & Finance Committee 14. R-2011-0165 Resolution to approve a Demonstration Commercial Facade Improvement Project Contract by and between the City of West Allis and Chet Parker Management, prospective property owner and business proprietor for the property located at 7140-44 W. Greenfield Ave. in an amount up to $47,000. Sponsors: Administration & Finance Committee 15. 2011-0404 Comptroller/Manager of Finance submitting the report for the month of April, 2011 indicating City of West Allis checks issued in the amount of $2,471,783.68. 16. 2011-0405 Comptroller/Manager of Finance submitting the report for the month of May, 2011 indicating City of West Allis checks issued in the amount of $1,946,494.74. 17. 2011-0422 Communication from the City Assessor requesting postponement of the 2012 citywide revaluation until 2013. Attachments: 2011-0422.pdf 18. 2011-0421 Communication from Terry Brandenburg, Health Commissioner, announcing his resignation as of August 31, 2011. Attachments: 2011-0421.pdf City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 20. R-2011-0166 Resolution approving an amendment to the Community Development Block Grant (CDBG) Program FY 2011 Action Plan. Sponsors: Administration & Finance Committee 21. 2010-0586 Summons and Complaint in the matter of Ocwen Loan Servicing, LLC, vs. Estate of Charles N. Webber, et al, regarding foreclosure of mortgage, Case No. 10CV015810. 22. 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. and Placed on File 23. 2011-0133 Alex Palokonis request for refund of towing charges which allegedly occurred at 930 S. 73 Street on February 16, 2011 and Placed on File 24. 2011-0220 Erika A. Alvaro communication regarding vehicle damages allegedly sustained at W. Madison Street and S. 62 Street on February 25, 2011. and Placed on File Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 19. 2011-0375 Aurora West Allis Medical Center communication relative to celebrating its 50th Anniversary in 2011 and requesting financial support for two high priority projects: Emergency Department Continuing Care Area and a Family Consultation Room. Attachments: Aurora communication.pdf No donation. Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Roadt, Sengstock, Vitale, and Weigel No: 1- Reinke PUBLIC WORKS COMMITTEE 25. R-2011-0162 Resolution to approve bid 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 the City of West Allis in the amount of $1,379,875.46. Sponsors: Public Works Committee Attachments: 2011-11 BID RESULTS.pdf City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 26. R-2011-0164 Resolution to approve bid of Visu-Sewer, Inc. for installation of sanitary sewer lining, sanitary spot lining and manhole grouting and lining from S. 72nd Street to S. 76th Street and W. Beloit Road to W. Jackson Drive in the City of West Allis in the amount of $290,608.00. Sponsors: Public Works Committee Attachments: 2011-13 BID RESULTS.pdf 27. R-2011-0160 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of W. National Avenue from S. 84 St. to S. 92 St. 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 28. 2011-0400 Communication from the Principal Engineer-Field Services regarding removing the temporary traffic signals located at the intersection of South 76th Street and West Pierce Street. Attachments: COMM-Temp Traffic Signals.pdf 29. R-2011-0150 Resolution to approve bid of Burkhart Construction Corp. for the accessibility improvements in West Allis City Hall at 7525 West Greenfield Avenue, in the amount of $93,000.00. Sponsors: Public Works Committee Attachments: 2011-12 Bid Results.pdf Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 32. O-2011-0023 Ordinance to amend Sections 13.06(1), 13.06(11) and 13.255(3)(k) of the Revised Municipal Code relative to commercial building and heating, ventilation and air conditioning construction application for permit, permit issuance and plan review fees. Sponsors: Safety & Development Committee 33. R-2011-0153 Resolution approving a Certified Survey Map for proposed lot division of the former Pressed Steel Tank Property, located at 14** S. Six Points Crossing, submitted by Ben Verburg of Arcadis U.S., Inc. Sponsors: Safety & Development Committee City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 34. 2011-0401 Certified Survey Map for proposed lot division of the former Pressed Steel Tank Property, located at 14** S. Six Points Crossing, submitted by Ben Verburg of Arcadis U.S., Inc. 35. R-2011-0155 Resolution approving a Certified Survey Map submitted by the City of West Allis for property located at the intersection of W. National Avenue and W. Oklahoma Avenue and authorizing conveyance of the Parcel 1 “Reserved for Public Right of Way” to Milwaukee County. Sponsors: Safety & Development Committee 36. 2011-0407 Certified Survey Map submitted by the City of West Allis for property located at the intersection of W. National Avenue and W. Oklahoma Avenue and authorizing conveyance of the Parcel 1 “Reserved for Public Right of Way” to Milwaukee County. 37. R-2011-0156 Resolution approving a Certified Survey Map to split and consolidate the currently undeveloped back portion of a lot of record owned by the City of West Allis located at 96** W. Schlinger Ave. (416-9991-000) and the currently undeveloped back portion of a lot of record owned by Brian Topczewski located at 9612 W. Schlinger, and to consolidate the lot of record owned by Richard Baker located at 9618 W. Schlinger Ave., with the principal property located at 647 S. 94 Place, submitted by William York, d/b/a Allis Tool and Machine Corp. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. 38. 2011-0408 Certified Survey Map to split and consolidate the currently undeveloped back portion of a lot of record owned by the City of West Allis located at 96** W. Schlinger Ave. (416-9991-000) and the currently undeveloped back portion of a lot of record owned by Brian Topczewski located at 9612 W. Schlinger, and to consolidate the lot of record owned by Richard Baker located at 9618 W. Schlinger Ave., with the principal property located at 647 S. 94 Place, submitted by William York, d/b/a Allis Tool and Machine Corp. Held in Safety & Development Committee during recess. 39. R-2011-0157 Resolution approving a Certified Survey Map to split and consolidate a currently undeveloped lot of record owned by the City of West Allis located at 96** W. Schlinger Ave. (416-9991-000) with the principal property located at 9522 W. Schlinger Ave. (416-9992-001), submitted by Karen Forrer d/b/a Masonry Restoration Inc./Rangeline Partners. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 40. 2011-0409 Certified Survey Map to split and consolidate a currently undeveloped lot of record owned by the City of West Allis located at 96** W. Schlinger Ave. (416-9991-000) with the principal property located at 9522 W. Schlinger Ave. (416-9992-001), submitted by Karen Forrer d/b/a Masonry Restoration Inc./Rangeline Partners. Held in Safety & Development Committee during recess. 41. 2011-0411 Special Use Permit for proposed conversion of a commercial building to a mixed use building located at 7210 W. Greenfield Ave. Held in Safety & Development Committee during recess. 42. 2011-0413 Petition submitted by residents opposed to the requested ordinance amendment change to permit clinics, medical or dental, as a special use within the C-2 Neighborhood Commercial District. Attachments: 2011-0413.pdf 43. 2011-0442 Communication from the Principal Engineer regarding parking restrictions along W. National Avenue from S. 84th Street to S. 92nd Street. Attachments: 2011-0442.pdf Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 44. R-2011-0159 Resolution relative to the determination of Special Use Permit for Auto Repair LLC, a proposed auto repair business, to be located at 6320 W. Burnham St. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. 45. 2011-0391 Special Use Permit for Auto Repair LLC, a proposed auto repair business, to be located at 6320 W. Burnham St. Held in Safety & Development Committee during recess. LICENSE & HEALTH COMMITTEE 30. R-2011-0158 Resolution relative to determination of Special Use Permit to establish outdoor dining extension of premise at Boz's Sports Bar and the Gourmet Cheesecake Shoppe, existing businesses at 1325-1329 S. 70 St. Sponsors: Safety & Development Committee 31. 2011-0392 Special Use Permit to establish outdoor dining extension of premise at Boz's Sports Bar and the Gourmet Cheesecake Shoppe, existing businesses located at 1325-1329 S. 70 St. Passed The Block Vote Aye: 9- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 No: 1- Barczak 46. 2011-0420 2011-2012 Secondhand Article Dealer License application(s). License application no. 320 granted. 47. 2011-0399 2011-2012 Class B Tavern Special Event Permit application no. 3 of Guy M. Robb, LLC, Guy M. Robb, Agent, d/b/a GR's National Pub, 6827 W. National Ave., (2011-2012 Class B Tavern License no. 1613, Instrumental Music License no. 1614 and Dance Hall License No. 1615) for a Golf Outing on Saturday, July 23, 2011 from 11:00 a.m. to 7:00 p.m. (Taped off area from north end of garage to fence). 48. 2011-0417 Tavern Operator License applications. 2011-2013 License application nos. 241, 304 & 306-309 granted. 49. 2011-0423 Police Department report regarding tavern violations/calls for service for the months of April, May and June 2011. Attachments: 2011-0423.pdf 50. 2011-0424 Police Department Report involving Yester Years Pub & Grill, 9427 W. Greenfield Ave. (2010-2011 Class B Tavern License no. 760, Dance Hall License no. 763 and Instrumental Music License no. 761 of Yester Years Pub & Grill, Inc., Karen D. Schoenfeld, Agent, Incident Date: April 13, 2011). Held in License & Health Committee during recess. 51. 2011-0425 Police Department Report involving Painted Parrot, 8028 W. National Ave. (2010-2011 Class B Tavern License no. 454, Dance Hall License no. 504 and Instrumental Music License no. 1068 of LTL PNK HSZ, LLC, Gregory S. Barczak, Agent, Incident Date: April 28, 2011). Held in License & Health Committee during recess. 52. 2011-0426 Police Department Report involving The Spot, 6426 W. Greenfield Ave. (2010-2011 Class B Tavern License no. 956, Tavern Entertainment-Special License no. 959 and Dance Hall License no. 958, Edward D. Bomback & Lonnie D. Bald, Partners, Incident Date: May 2, 2011). Held in License & Health Committee during recess. 53. 2011-0427 Police Department Report involving Remedy Bar, 1309 S. 60 St. (2010-2011 Class B Tavern License no. 1733 of Lele's Whiskey Corner, LLC, Jeffrey W. Kacheris, Agent, Incident Date: May 4, 2011). Held in License & Health Committee during recess. City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 54. 2011-0428 Police Department Report involving D & D's Sports Bar & Grill, 1022 S. 60 St. (2010-2011 Class B Tavern License no. 1574, Dance Hall License no. 1576 and Instrumental Music License no. 1575 of DRND Corp., Debra M. Nadboralski, Agent, Incident Date: May 6, 2011). Held in License & Health Committee during recess. 55. 2011-0429 Police Department Report involving Harry O's 2nd Base, 6743 W. Lincoln Ave. (2010-2011 Class B Tavern License no. 827 and Dance Hall License no. 829 of Harry O's, Inc., Harry J. Strahlendorf, Agent, Incident Date: May 9, 2011). Held in License & Health Committee during recess. 56. 2011-0430 Police Department Report involving Wild Bill's Saloon, 1454 S. 92 St. (2010-2011 Class B Tavern License no. 789 of Wild Bill's Saloon, LLC, William P. Savage, Agent, Incident Date: May 15, 2011). Held in License & Health Committee during recess. 57. 2011-0431 Police Department Reports involving Hero's Sports Pub & Grill, 9105 W. Lincoln Ave. (2010-2011 Class B Tavern License no. 1705, Dance Hall License no. 1728 and Instrumental Music License no. 1727, of International Development, LLC, Joshua J. Johnson, Agent, Two (2) Incidents on: May 28, 2011). Held in License & Health Committee during recess. 58. 2011-0432 Police Department Report involving Night Court, 7127 W. National Ave. (2010-2011 Class B Tavern License no. 1594 of Parops, LLC, Hans T. Anderson, Agent, Incident Date: May 29, 2011). Held in License & Health Committee during recess. 59. 2011-0433 Police Department Report involving Flappers, 7527 W. Becher St. (2010-2011 Class B Tavern License no. 797 and Dance Hall License no. 799 of Rodeo Grill, LLC, Mark S. Silber, Agent, Incident Date: June 7, 2011). Held in License & Health Committee during recess. 60. 2011-0383 2011-2012 Class B Tavern License application no. 1789, Dance Hall License application no. 1790, and Instrumental Music License application no. 1791, of Tanner-Paull Post 120 American Legion Memorial Building Company, Dale W. Slowik, Agent, d/b/a Tanner-Paull American Legion Post 120, premises located at 6922 W. Orchard St. (new-existing location). Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 ADVISORY COMMITTEE 61. 2011-0435 Appointment by Mayor Devine of Elizabeth Suelzer as a member of the West Allis Library Board, her three-year term to expire July 1, 2014. City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 62. 2011-0434 Reappointment by Mayor Devine of Patricia Gigowski as a member of the West Allis Ethics Board, her three-year term to expire June 1, 2014. 63. 2011-0436 Reappointments by Mayor Devine to the West Allis Library Board of Carol Garrison, Ellen Karrels, and Leann Mester, their three-year terms to expire July 1, 2014. 64. 2011-0441 Reappointment by Mayor Devine of Charles Wolf as a member of the West Allis Board of Appeals, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, his three-year term to expire May 1, 2014. 65. 2011-0438 Notification by Mayor Devine of membership realignment for the West Allis Board of Appeals. 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 None. O. ADJOURNMENT to adjourn at 9:08 p.m., with the next regularly scheduled meeting to be held on August 2, 2011, at 7:00 p.m /s/ Paul M. Ziehler City Administrative Officer Clerk/Treasurer City of West Allis Page 11 Printed on 12/21/2018 Common Council Meeting Minutes July 5, 2011 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 12 Printed on 12/21/2018