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, September 17, 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 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel Excused 1- Ald. Lajsic C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Czaplewski. D. PUBLIC HEARINGS 1. R-2013-0210 Resolution relative to determination of Special Use Permit for Our Town Thrift Store, a proposed second-hand article retail store, to be located at 8104 W. National Ave. Sponsors: Safety & Development Committee Attachments: AFFIDAVIT OF PUBLICATIONS - TR GRAPHICS Explanation by John Stibal, Director of Development. Appearances: Peter Weis, New Berlin, owner of the store, described the loading dock area and available space. 2. R-2013-0212 Resolution relative to determination of Special Use Permit for Poblocki Paving, a proposed asphalt paving facility, to establish a maintenance building, construction office addition and create an outdoor storage yard for their business operations located at 423 S. Curtis Rd. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: Greg Bredin, consultant, Waukesha, commented on the dust, storage area and tanks. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes September 17, 2013 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. MAYOR'S REPORT Mayor Devine reported on the beautification awards ceremony, and he thanked and commended the winners. He announced the final art crawl on September 19th and the opening of Urban Joe Café. He reported on the swearing-in ceremony for the police officers, and he congratulated them. H. ALDERPERSON'S REPORT None. I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of September 3, 2013 J. ITEMS NOT REFERRED TO COMMITTEE 3. 2013-0560 List of individuals and locations in West Allis selected by the West Allis Beautification Committee to receive Proclamation of Commendation for Best Porch. Attachments: CC LTR.PorchWinners 2013.pdf 4. 2013-0552 Report of the Municipal Judge for the month of August 2013, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $122,947.93. Attachments: Mun Judge Report August 2013.pdf 5. 2013-0547 Quarterly Report of Matters Pending Before Committee Prior to June 1, 2013. Attachments: Quarterly Report.pdf 6. 2013-0553 Notice of Circumstances/Injury submitted on behalf of Phillip and Michelle L. Ganzke regarding damages allegedly sustained on W. Burnham Street on May 16, 2013. 7. 2013-0562 Tiffany Simmons communication regarding vehicle damages allegedly sustained at W. Beloit Road between S. 69th and S. 70 Streets on September 5, 2013. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes September 17, 2013 8. 2013-0563 Elizabeth Rathkamp communication regarding property damage allegedly sustained at 2372 S. 57 Street on February 18, 2013. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 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 7:24 p.m. Upon returning from recess at 10:03 p.m., and the roll call being taken, there were: Present 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel Excused 1- Ald. Lajsic M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 9. R-2013-0196 Resolution relative to approving a sole source proposal for Public Health Consulting Services from Bay View Advanced Management, LLC for a total sum not to exceed $34,000. Sponsors: Administration & Finance Committee Attachments: WA 2013-14 Obj Proposal.pdf 10. R-2013-0197 Resolution relative to deleting the City of West Allis Policies & Procedures Manual Nos. 1901 through 1911, under Public Library. Sponsors: Administration & Finance Committee 11. R-2013-0206 Resolution approving the Five-Year 2014-2018 Consolidated Plan relative to the Community Development Block Grant (CDBG) Program. Sponsors: Administration & Finance Committee Attachments: 2014-2018 goals & objectives.pdf 12. R-2013-0208 Resolution approving an Action Plan for Fiscal Year 2014 relative to the Community Development Block Grant (CDBG) Program. Sponsors: Administration & Finance Committee Attachments: 2014 Block Grant Report COMBINED AMENDED 9-12-13.pdf 13. R-2013-0211 Resolution to amend Policy No. 1424 (Premium Pay Policy) by adding Paragraph 5.4.9 (Voting Equipment Technician Premium). City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes September 17, 2013 Sponsors: Administration & Finance Committee Attachments: Policy 1424.pdf 14. R-2013-0209 Resolution to provide a grant to Urban Joe Café for the design and development of a parklet using Community Development Block Grant (CDBG) funds in an amount up to $2,000. Sponsors: Administration & Finance Committee Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 15. 2013-0564 Communication from the Director of Development regarding the Development of Parklets in West Allis. Attachments: Parklet Communication.pdf 16. R-2013-0184 Resolution relative to adopting a new policy on a Vehicle Rental Program (VRP). Sponsors: May and Probst Attachments: Vehicle Rental Prog Policy.pdf City Attorney Claim Report 17. 2013-0010 Concorde Adjusters, Inc. Notice of Subrogation Intent on Recovery on behalf of First Student, Inc. regarding damages allegedly sustained on December 18, 2012. Claim #FGA019083. 18. 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. 19. 2013-0189 American Family Insurance Group submitted on behalf of John Kenenakhone regarding a claim allegedly sustained on February 26, 2013. Claim No. 00-445-021875-1425. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, 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 September 17, 2013 PUBLIC WORKS COMMITTEE 20. R-2013-0198 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of S. 59 St. from W. National Ave. to W. Burnham St.; W. Hicks St. from S. 76 St. to S. 81 St.; S. 81 St. from W. Becher St. to W. Grant St.; S. 80 St. from W. Hicks St. to W. Rogers 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 21. R-2013-0199 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of S. 76 St. from W. Pierce St. to W. Greenfield Ave., S. 101 St. from W. National Ave. to W. Cleveland Ave., S. 101 St. from W. Greenfield Ave. to 158 feet south of W. Maple St., and portions of intersecting streets by major asphalt resurfacing with miscellaneous walk repair, miscellaneous driveway repair, sanitary sewer relay, water main relay, building services and utility adjustments. Sponsors: Public Works Committee 22. R-2013-0200 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of S. 62 St. from W. Beloit Rd. to W. Lincoln Ave., S. 63 St. from W. Beloit Rd. to W. Lincoln Ave., W. Wildwood Terr. from S. 99 St. to east of S. 99 St., W. Wildwood Ct. from S. 99 St. to west of S. 99 St., W. Burnham St. from S. 82 St. to S. 84 St., W. Bennett Ave. from S. 74 St. to west of S. 74 St., and portions of intersecting streets by minor asphalt resurfacing with miscellaneous walk repair, miscellaneous driveway repair, sanitary sewer relay, water main relay and utility adjustments. Sponsors: Public Works Committee 23. R-2013-0202 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of W. Manitoba St. from S. 91 St. to S. 96 St., W. Dakota St. from S. 92 St. to S. 99 St., W. Montana St. from S. 92 St. to S. 96 St., and portions of intersecting streets by concrete pavement repair and utility adjustments. Sponsors: Public Works Committee 24. R-2013-0204 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of area bounded by S. 56 St. to S. 70 St. and North City Limits to W. Burnham St. by miscellaneous sidewalk repair. Sponsors: Public Works Committee City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes September 17, 2013 25. R-2013-0205 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of North/South and East/West alley between S. 87 St. - S. 88 St., W. National Ave. and W. Becher St.; and North/South alley between S. 57 St. - S. 58 St., W. Mitchell St. and W. Beloit Rd. by removal and reconstruction of the concrete alley pavement, storm sewer relay, utility adjustments and storm underdrain. Sponsors: Public Works Committee 26. R-2013-0201 Resolution relative to accepting the proposal of Vermeer-Wisconsin, Inc. for furnishing a new 2013 Vermeer Stump Cutter for a total sum of $27,348.00. Sponsors: Public Works Committee 27. R-2013-0203 Resolution relative to accepting the proposal of Kubota Tractor Corp. for furnishing a new 2013 Kubota Tractor with Mower for a total sum of $16,316.40. Sponsors: Public Works Committee 28. R-2013-0207 Resolution directing staff to prepare an amendment to the Stormwater Management System User Charge ordinance relative to providing a credit to stormwater fees for municipal users who's overall impact on the system is beneficial to the stormwater management system. Sponsors: Public Works Committee 29. 2013-0558 Communication from the Director of Public Works/City Engineer regarding changing the policy of street parking during a snow emergency. Attachments: COMM-2013-0558.pdf 30. 2013-0565 Communication from Director of Public Works/City Engineer recommending on behalf of the Mayor's Office, Health and Development Departments to rebuild the damaged area of the Farmer's Market to as near original as possible. Attachments: COMM-2-13-0565.pdf 31. R-2013-0180 Resolution to approve bid of LaLonde Contractors, Inc. for construction of an asphalt parking lot, concrete curb and gutter, storm sewer, pavement marking, landscaping and utility adjustments in the Chalet Parking Lot located at 6215 W. National Avenue in the City of West Allis in the amount of $185,860.90. Sponsors: Public Works Committee Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes September 17, 2013 32. O-2013-0035 An Ordinance to Establish Parking Restrictions on the North Side of the West 40 Feet of the 11700 Block and the East 20 Feet of the 11800 Block of West Washington Street. Sponsors: Barczak 33. 2013-0566 Communication from Ald. May regarding Property Maintenance Code Enforcement and Time Extensions. Attachments: May.pdf 34. R-2013-0120 Resolution approving a Certified Survey Map to combine the residential lot located at 713 S. 98 St. (Tax Key No. 443-0396-002) with the adjoining vacant lot to the north (Tax Key No. 443-0396-001), submitted by Matthew Ribbeck, property owner. Sponsors: Safety & Development Committee 35. 2013-0478 Certified Survey Map to combine the residential lot located at 713 S. 98 St. (Tax Key No. 443-0396-002) with the adjoining vacant lot to the north (Tax Key No. 443-0396-001), submitted by Matthew Ribbeck, property owner. 36. R-2013-0210 Resolution relative to determination of Special Use Permit for Our Town Thrift Store, a proposed second-hand article retail store, to be located at 8104 W. National Ave. Sponsors: Safety & Development Committee Attachments: AFFIDAVIT OF PUBLICATIONS - TR GRAPHICS 37. 2013-0479 Special Use Permit for Our Town Thrift Store, a proposed secondhand article retail store, to be located at 8104 W. National Ave. 38. R-2013-0212 Resolution relative to determination of Special Use Permit for Poblocki Paving, a proposed asphalt paving facility, to establish a maintenance building, construction office addition and create an outdoor storage yard for their business operations located at 423 S. Curtis Rd. Sponsors: Safety & Development Committee City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes September 17, 2013 39. 2013-0477 Special Use Permit for Poblocki Paving, a proposed asphalt paving facility, to establish a maintenance building, construct an office addition and create an outdoor storage yard for their business operations located at 423 S. Curtis Rd. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 LICENSE & HEALTH COMMITTEE 40. O-2013-0036 Ordinance to Repeal and Recreate Section 7.035 of the City of West Allis Revised Municipal Code Relating to Excessive Noise and Vibration Sponsors: License & Health Committee Held in License & Health Committee during recess. 41. 2013-0554 Findings and Recommendations in the Matter of the Complaint Against Scardina Bakery & Delicatessen, Inc., d/b/a Scardina Bakery & Delicatessen, for premises located at 5901 W. Beloit Rd. (2013-2014 Food Permit renewal application). Attachments: F&R-Scardina's 9-17-13.pdf 42. 2013-0546 Police Department report regarding tavern violations/calls for service for the month of August 2013. Attachments: Police Dept Report August 2013.pdf 43. 2013-0542 Appointment of new agent, Adam J. Rogge, by Mega Marts, LLC, d/b/a Pick 'n Save #6846 located at 2625 S. 108 St. (2013-2014 Combination Class A Liquor License no. 1087). 44. 2013-0555 2013-2014 Special Class B Beer and Wine License application(s). License application nos. 9-14 granted. with alcohol sales and service ending at 11 p.m. 45. 2013-0548 2013-2014 Class B Tavern Special Event Permit application no. 14 of Janice Susan, LLC, Janice S. Fazen, Agent, d/b/a Dog House, 1641 S. 68 St. (2013-2014 Class B Tavern License no. 1759, Instrumental Music License no. 1761 and Dance Hall License no. 1760) for Thank You and Anniversary event, Saturday, October 5, 2013 from 7:00 a.m. to 11:00 p.m., and Sunday, October 6, 2013, from 7:00 a.m. to 9:00 p.m. (Food, tent and outdoor music). 2nd application for 2013-2014 license year. 46. 2013-0549 2013-2014 Special Instrumental Music Permit appl. no. 2 of Dale J. Zbieranek, Agent, d/b/a Barneks, 7411 W. Becher St. (2013-2014 Class B Tavern License no. 1060 and Dance Hall License no. 1062) for an event on Saturday, September 28, 2013. 47. 2013-0556 Operator's License (bartender/sales clerk) applications. City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes September 17, 2013 2013-2014 License application nos. 315, 317-318, and 320-321. 2013-2015 License application nos. 341-346, and 348 granted. 48. 2013-0550 2013-2014 Adult-Oriented Establishment Operator Permit application(s). License application no. 2006 granted. 49. 2013-0545 2013-2014 Adult-Oriented Establishment Operator Permit application no. 2008 of Robert E. Porter, Jr. Held in License & Health Committee during recess. 50. 2013-0541 2013-2015 Operator's License (bartender/sales clerk) application no. 15-339 of Vanessa M. Alcantar. Held in License & Health Committee during recess. 51. 2013-0543 2013-2014 Operator's License (bartender/sales clerk) application no. 14-314 of Cornelius S. Williams. Held in License & Health Committee during recess. 52. 2013-0544 2013-2014 Operator's License (bartender/sales clerk) application no. 14-316 of Holly M. Sage. Held in License & Health Committee during recess. 53. 2013-0551 2013-2014 Class B Tavern License application no. 2004 of Morgan Murphy Enterprises, LLC, Carolyn S. Tomovich, Agent, d/b/a Tap 58, premises located at 5732 W. Mitchell St. (new-existing location). 54. 2013-0557 Communication from Assistant City Attorney regarding failure to follow the terms of the payment agreement for delinquent 2012 real estate and personal property taxes, signed on July 22, 2013, for 6139 W. Beloit Rd., Smokin' Joe's Pub, LLC, d/b/a Whammy Bar, dated September 11, 2013. Attachments: Attorney communication 9-11-2013.pdf 55. 2013-0561 Department of Revenue Field Report regarding Wisconsin State Seller's Permit for Dilneet Corporation ( 2013-2014 Combination Class A Liquor License application no. 1080, Rupinder K. Randhawa, Agent, d/b/a West Allis Liquor & Tobacco, 7218 W. Greenfield Ave., Incident Date: September 5, 2013). Attachments: DOR Field Report 9-17-13.pdf Held in License & Health Committee during recess. 56. 2012-0575 Summons and Complaint in the matter of the complaint against Dilneet Corporation, Rupinder K. Randhawa, Agent, for the premises located at 7218 W. Greenfield Ave., d/b/a West Allis Liquor & Tobacco (2012-2013 Class A Liquor License application no. 1080 and Cigarette License application no. 1081). Attachments: Summons WA Liq & Tob 10-23-12.pdf Complaint WA Liq. & Tob. 10-23-12.pdf Held in License & Health Committee during recess. City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes September 17, 2013 57. 2012-0003 Summons and Complaint in the matter of the complaint against Dilneet Corporation, Rupinder K. Randhawa, Agent, for the premises located at 7218 W. Greenfield Ave., d/b/a West Allis Liquor & Tobacco (2011-2012 Class A Liquor License no. 1080 and Cigarette License no. 1081). Attachments: Summons WA Liq. & Tob. 1-3-12.pdf Complaint WA Liq. & Tob. 1-3-12.pdf Held in License & Health Committee during recess. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 ADVISORY COMMITTEE 58. 2013-0559 Notification of reappointments to the West Allis Community Improvement Foundation, Inc. Attachments: WACIF Cmte Listing.pdf Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 N. ADJOURNMENT to adjourn at 10:13 p.m., with the next regularly scheduled meeting to be held on October 1, 2013, at 7:00 p.m /s/ Monica Schultz Deputy City Clerk City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes September 17, 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 11 Printed on 12/21/2018