Common Council

City of West Allis Meeting Minutes Common Council Mayor Dan Devine, Chair Alderperson Thomas G. Lajsic, Council President Alderpersons: Gary T. Barczak, Michael J. Czaplewski, Michael P. May, Cathleen M. Probst, Rosalie L. Reinke, Daniel J. Roadt, James W. Sengstock, Vincent Vitale, and Martin J. Weigel Tuesday, March 5, 2013 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 - Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Weigel. D. PUBLIC HEARINGS 1. O-2013-0013 Ordinance to amend Section 12.40(1)(nn) and 12.40(2)(t) of the Revised Municipal Code to permit places of assembly, including clubs, lodges, meeting halls and theaters in the downtown central business district as a permitted or special use based upon the floor area. Sponsors: Safety & Development Committee Attachments: WA BID ltr support assembly ord. 3-5-13.pdf Explanation by John Stibal, Director of Development. The Clerk's Office received one (1) letter in favor. Appearances: None. 2. R-2013-0059 Resolution relative to determination of Special Use Permit for Integrity Family Services to manage family support programs at 6014 W. Madison St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 3. R-2013-0057 Resolution relative to the determination of a Special Use Permit for Spoons Ice Cream to be located within the mixed commercial residential use building at 6501-29 W. Greenfield Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 4. R-2013-0055 Resolution relative to determination of Special Use permit to extend the hours of operation for a new restaurant, the Pizza Pit, a tenant within a portion of the existing Citgo station located at 6819-21 W. Lincoln Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. The Clerk's Office received one (1) letter opposed to the proposed Special Use. Appearances: None. 5. R-2013-0058 Resolution relative to determination of Special Use Permit for Sammy's Taste of Chicago, a restaurant, proposed to be located at 1234 S. 108 St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: Sammy Bohringer 10801 Regent Rd., Oconomowoc, clarified that he does not own the Greenfield Ave. building, and that he wants to move his restaurant business to a new location. He addressed the history for the Greenfield Ave. business, and received no complaints from the neighbors. E. CITIZEN PARTICIPATION None. 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 various school readings, commended the art and music teachers, and announced the 4th Annual St. Baldrick's event for childhood cancer research. Alderpersons Comments Ald. May commented on his school reading, and he announced the LaFollette Park Pancake Breakfast and Easter egg hunt. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 Ald. Probst extended congratulations to the West Allis Health Department on its national accreditation. She announced the next listening session for the second aldermanic district, and commented on her school reading. Ald. Reinke announced the achievement by the West Allis Health Department on its national accreditation. Ald. Vitale praised the snowplow drivers. H. AGENDA APPROVAL that the agenda as submitted be accepted I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of February 19, 2013 J. ITEMS NOT REFERRED TO COMMITTEE 6. 2013-0109 Sharon Knedle Notice of Claim relative to an incident on December 15, 2012 at 2223 S. 72 St. 7. 2013-0110 William McCarver Notice of Claim relative to an incident on September 25, 2012 at 2223 S. 72 St. 8. 2013-0111 Abraham Herrada communication regarding damages allegedly sustained on December 31, 2012. 9. 2013-0115 Gregory J. Porter Notice of Claim relative to an incident on December 30, 2012. 10. 2013-0126 Amended Summons and Complaint in the matter of Bank of America, N.A., vs Sharon E. Lemke, et al, regarding foreclosure of mortgage, Case No. 12CV8399. Passed The Block Vote K. STANDING COMMITTEE REPORTS LICENSE & HEALTH COMMITTEE Reported out after recess. L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 7:43 p.m. Upon returning from recess at 8:59 p.m., and the roll call being taken, there were: Present 10 - Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 12. R-2013-0052 Resolution relative to accepting the sole source proposal of Assessment Technologies of WI, LLC for providing Market Drive Software Upgrade for a total net sum of $9,221.16. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 Sponsors: Administration & Finance Committee Attachments: 1186 Market Drive Software sole source letter.pdf 13. R-2013-0053 Resolution relative to accepting the sole source proposal of Motorola Solutions for providing radio equipment for a total net sum of $27,321.50. Sponsors: Administration & Finance Committee 15. 2013-0124 Communication from City Administrative Officer regarding request to fill vacant position of Sewer Maintainer in the Department of Public Works/Sanitation & Street Division. Attachments: VACPOSREQ.SwrMaint 030513.pdf 16. 2013-0020 Marlene Peace communication regarding vehicle damages allegedly sustained on the corner of S. 55 St. and W. Lincoln Ave. on December 29, 2012. and Placed on File 17. 2013-0049 Justin Kowalski communication regarding damages allegedly sustained on December 22, 2012. and Placed on File Passed The Block Vote Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 14. 2013-0136 Communication from City Administrative Officer requesting a $1,000.00 contribution to the Public Policy Forum regarding its 100th Anniversary Celebration. Attachments: MCC.PPF 100Anniv.0313.pdf and Placed on File. Aye: 8- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. Probst, Ald. Reinke, Sengstock, Ald. Vitale, and Ald. Weigel No: 2- Ald. May, and Ald. Roadt PUBLIC WORKS COMMITTEE 18. R-2013-0046 Resolution authorizing and directing the City Engineer to enter into a State/Municipal Agreement for a Transportation Enhancement Project with the Wisconsin Department of Transportation for the Construction Cost of the Cross Town Connector Bike and Pedestrian Trail. Sponsors: Public Works Committee Attachments: R-2013-0046 Agreement.pdf 19. R-2013-0049 Resolution relative to accepting the proposal of various suppliers for furnishing and delivering valves, water boxes and extensions for a total sum of $273,239.75. Sponsors: Public Works Committee Attachments: 1183 Water Valves & Accessories..xlsx 20. R-2013-0050 Resolution authorizing the Director of Public Works/City Engineer to enter into an agreement for reimbursement from MMSD to fund the disconnection of foundation drains on S. 57th St. from W. National Ave. to the north city limits in an amount not to exceed $400,000. Sponsors: Public Works Committee Attachments: R-2013-0050 MMSD Funding Agreement.pdf 21. R-2013-0056 Resolution to approve bid of UPI, LLC for the installation of concrete curb and gutter, concrete pavement, miscellaneous walk repair, driveway replacement, sanitary sewer relay, sanitary sewer, storm sewer relay, storm sewer, water main relay, building services and utility adjustments in South 57th Street from the North City Limits to West National Ave in the City of West Allis in the amount of $1,613,042.90. Sponsors: Public Works Committee Attachments: 2013-1 BID RESULTS.pdf 22. R-2013-0051 Resolution Granting a Privilege for Encroachment (Minor/Major) to new owner, Pawn America Wisconsin, LLC for property located at 7530-32 West Lincoln Avenue (Tax Key No. 476-0659-000). City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 Sponsors: Public Works Committee 23. 2013-0118 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 2, 2013. Attachments: WA BID Ala Carte.3-5-13.pdf City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 24. 2013-0133 Communication from the Director of Public Works/City Engineer on Snow Plowing Concerns/Issues. Attachments: COMM-Snow Plowing Memo.pdf Passed The Block Vote Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 25. O-2013-0001 An Ordinance to Repeal Ordinance which Pertains to an Eastbound No Turn on Red Restriction at the Intersection of S. 60 Street and W. Beloit Road. Sponsors: Ald. Vitale 26. O-2013-0012 An Ordinance to Amend Section 5.10(4) of the West Allis Revised Municipal Code Relating to Enforcement of the Fire Prevention Code and Frequency of Inspections. Sponsors: Safety & Development Committee 27. R-2013-0045 Resolution declaring West Allis Ala Carte scheduled for June 2, 2013 between Noon and 6:00 p.m. as a Community Event. Sponsors: Safety & Development Committee 28. 2013-0131 Communication from the Director of Development relative to the Joint Review Board's favorable recommendation of the Amendment to the Project Plan for Tax Incremental District Number Three. Attachments: JRB - CC Recomm Pkg - TIF 3 (3-5-13).pdf 29. 2013-0132 Communication from the Director of Development relative to the Joint Review Board's favorable recommendation of the Amendment to the Project Plan for Tax Incremental District Number Seven. Attachments: JRB - CC Recomm Pkg - TIF 7 (3-5-13).pdf 30. 2013-0114 Special Use Permit to establish a school, Victory Christian Academy, within the former St. Rita's School building located at 6021 W. Lincoln Ave. Held in Safety & Development Committee during recess. 31. O-2013-0013 Ordinance to amend Section 12.40(1)(nn) and 12.40(2)(t) of the Revised Municipal Code to permit places of assembly, including clubs, lodges, meeting halls and theaters in the downtown central business district as a permitted or special use based upon the floor area. Sponsors: Safety & Development Committee Attachments: WA BID ltr support assembly ord. 3-5-13.pdf City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 32. R-2013-0059 Resolution relative to determination of Special Use Permit for Integrity Family Services to manage family support programs at 6014 W. Madison St. Sponsors: Safety & Development Committee 33. 2013-0101 Special Use Permit for Integrity Family Services to establish a training facility at 6014 W. Madison St. 34. R-2013-0057 Resolution relative to the determination of a Special Use Permit for Spoons Ice Cream to be located within the mixed commercial residential use building at 6501-29 W. Greenfield Ave. Sponsors: Safety & Development Committee 35. 2013-0100 Special Use Permit for Spoons Ice Cream to be located within the mixed commercial residential use building at 6501-29 W. Greenfield Ave. 36. R-2013-0055 Resolution relative to determination of Special Use permit to extend the hours of operation for a new restaurant, the Pizza Pit, a tenant within a portion of the existing Citgo station located at 6819-21 W. Lincoln Ave. Sponsors: Safety & Development Committee 37. 2013-0099 Special Use Permit to extend the hours of operation for a new restaurant, the Pizza Pit, a tenant within a portion of the existing Citgo station located at 6819-21 W. Lincoln Ave. Attachments: Pizza Pit ltr opposed.3-5-13.pdf 38. R-2013-0058 Resolution relative to determination of Special Use Permit for Sammy's Taste of Chicago, a restaurant, proposed to be located at 1234 S. 108 St. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. 39. 2013-0098 Special Use Permit for Sammy's Taste of Chicago, a restaurant, proposed to be located at 1234 S. 108 St. Held in Safety & Development Committee during recess. Passed The Block Vote Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 LICENSE & HEALTH COMMITTEE City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 11. 2013-0061 2012-2013 Tavern Operator License application no. 13-594 of Michelle M.M. Moore. 40. 2013-0128 2013-2014 Mobile Home Park License application(s). License application nos. 287-288 granted. 41. 2013-0127 2013-2014 Used Vehicle Dealer License application(s). License application nos. 41, 187, 210, 254, 261, 267, 1752, 1777 & 1947 granted. 42. 2013-0120 Tavern Operator License applications. 2012-2013 License application nos. 599-601 granted. 2012-2014 License application nos. 247 & 249 granted. 43. 2013-0125 2012-2013 Special Class B Beer and Wine License application(s). License application no. 23 granted. 44. 2013-0113 2012-2013 Class B Tavern Special Event Permit application no. 12 of Kip's Inn, Inc., Cristine M. Ruid, Agent, d/b/a Kip's Inn, 837 S. 108 St. (2012-2013 Class B Tavern License no. 768, Instrumental Music License no. 771 and Dance Hall License no. 1652) for party, to be held Saturday, May 18, 2013, from 3:00 p.m. to 11:00 p.m. (Canopies outside south entrance). 45. 2013-0130 2012-2014 Tavern Operator License application no. 14-248 of Rachael C. Tovar. Held in License & Health Committee during recess. 46. 2013-0129 2012-2014 Tavern Operator License application no. 14-246 of Brianna R. Pitterle. Held in License & Health Committee during recess. 47. 2013-0055 Summons and Complaint in the matter of the complaint against D&G Investments, LLC, Thaddeus J. Derynda and Bernie Gallas (Partners), for premises located at 10401 W. Greenfield Ave., d/b/a Mobile Estates of West Allis (2011-2012, 2012-2013 Mobile Home Park License renewal applications no. 290). Attachments: D&G Invstmnts, LLC Summons.2-19-13.pdf D&G Investments, LLC.Complaint.2-19-13.pdf Held in License & Health Committee during recess. 48. 2013-0054 Communication from Assistant City Attorney regarding Notice of Error in Name of Licensee for D&G Investments, LLC, Thaddeus J. Derynda and Bernie Gallas (Partners), (d/b/a Mobile Estates of West Allis at 10401 W. Greenfield Ave., Mobile Home Park License application no. 290). Held in License & Health Committee during recess. City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 49. 2012-0512 Director of Building Inspections and Neighborhood Services communication regarding the 2011-2012 and 2012-2013 Mobile Home Park License, D&G Investments, Thaddeus J. Derynda and Bernie Gallas (Partners), d/b/a Mobile Estates of West Allis at 10401 W. Greenfield Ave. Attachments: BINS Comm. 10401 W. Greenfield Ave..pdf Held in License & Health Committee during recess. 50. 2012-0574 Summons and Complaint in the matter of the complaint against Connoisseur House of Chocolates, Inc., Scott Repinski, Agent, for the premises located at 1944 S. 76 St., d/b/a Signature Chocolate (2012-2013 Food-Related Permit). Attachments: Summons Sign. Choc. 10-23-12.pdf Held in License & Health Committee during recess. 51. 2012-0474 Communication from Assistant City Attorney regarding delinquent taxes for Signature Chocolate located at 1944 S. 76 St. Held in License & Health Committee during recess. 52. 2013-0075 2012-2013 Class B Tavern License application of Paradise Café, LLC, Amilcar A. Alarcon, Jr., Agent, d/b/a Paradise Café, for premises located at 813 S. 60 St. (new-nonexisting location). 53. 2013-0074 Application of Transfer of License from Premises to Premises of 2012-2013 Class B Tavern Liquor License no. 723 of Margarita Paradise, LLC/Paradise Café, LLC, Amilcar A. Alarcon, Agent, d/b/a Margarita Paradise from 11112 W. National Ave. to 813 S. 60 St. 54. 2013-0051 Communication from Assistant City Attorney regarding building code violations at 5732 W. Mitchell St., Sportz Medicine, LLC, c/o Mark Holbert, John J. Biwer, Agent, d/b/a Tap 58, (2012-2013 Class B Tavern License no. 1809, Instrumental Music License no. 1811 and Dance Hall License no. 1810). Passed The Block Vote Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 ADVISORY COMMITTEE 55. R-2013-0054 Resolution establishing the City of West Allis Legislative Package for the 2013-2014 State of Wisconsin Legislative Session. Sponsors: Advisory Committee Attachments: 2013-14 CWA LegPkg.pdf Held in Advisory Committee during recess. 56. R-2013-0060 Resolution to recognize the establishment of a Strategic Plan Committee in West Allis. City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes March 5, 2013 Sponsors: May and Probst 57. 2013-0117 Comptroller/Manager of Finance requesting approval to destroy certain payroll and financial records. These records include payroll registers, journal entries, vouchers and back-up and other miscellaneous records, all older than 7 years, in accordance with the City's records retention policy, noted in Section 1.09 of the West Allis Revised Municipal Code. Attachments: 2013 Destroy Records.pdf 58. 2013-0135 Reappointment by Mayor Devine of Robert O'Donnell as a member of the West Allis Civil Service Commission, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, his five-year term to expire May 1, 2018. Passed The Block Vote Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. 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 9:15 p.m., with the next regularly scheduled meeting to be held on March 19, 2013, 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 March 5, 2013 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