Common Council

City of West Allis Meeting Minutes Common Council Mayor Jeannette Bell, Chair Alderperson James W. Sengstock, Council President Alderpersons: Gary T. Barczak, Michael J. Czaplewski, Linda A. Dobrowski, Kurt E. Kopplin, Thomas G. Lajsic, Richard F. Narlock, Rosalie L. Reinke, Vincent Vitale, and Martin J. Weigel Tuesday, October 2, 2007 7:02 PM City Hall - Council Chambers REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Mayor Bell at 7:02 p.m. B. ROLL CALL Present 9- Czaplewski, Dobrowski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, Vitale, and Weigel Excused 1- Barczak C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Czaplewski. Mayor Bell requested Council President Sengstock preside as Chair. Presentation The Mayor presented the winners of the Best Porches of West Allis as follows: Most unusual: Rachel and Mike Formella, 2189 S. 81 St. Most inviting: Marilyn and Thaddeus Herkowski, 1535 S. 80 St. Most unique: Kathryn and Jeffrey Lieber, 1008 S. 74 St. Most decorated: Richard and Susan Wichmann, 915 S. 57 St. Most distinctive: Peggy and David Brown, 2059 S. 81 St. Most colorful: Chris Kenth, 900 S. 58 St. Most patriotic: Michael and Trinity Melton, Tenants, 1043 S. 75 St. (Marjorie Larson, Property Owner) Mayor Bell presiding. D. PUBLIC HEARINGS None. E. CITIZEN PARTICIPATION James L'Amie, 1321 S. 96 St., requested that no voting occur in the public elementary schools. As another option, he recommended looking at security arrangements in the schools on Election Day. Kayla Pavlak, 612 S. 69 St., and Ron Daniels of Ron's Pub, 2110 S. 60 St., addressed the License and Health Committee's recommendation to deny Ms. Pavlak's bartender license application. F. ANNOUNCEMENT OF RECESS MEETINGS OF STANDING COMMITTEES City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 Mayor Bell 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 Public Events: Attended a press conference by the Milwaukee County Executive regarding funding for the EMS Program. Intergovernmental: Attended the Alliance of Cities meeting. Announcements: Budget Town Hall meeting is scheduled for Wednesday, October 17th at 7:00 p.m. Business Improvement Classic Car Show scheduled for Sunday, October 7th from 10:00 a.m. to 3:00 p.m. Alderpersons Comments Ald. Weigel addressed the Classic Car Show with Greenfield Ave. being closed off for the event. He announced Walk to School Week and Walk to School Day. Ald. Reinke announced that the Health Department was selected as one of ten recipients in the United States for the NACCHO Accreditation Preparation and Quality Improvement Demonstration Sites Project grant. H. AGENDA APPROVAL that the agenda as submitted be accepted A motion was made by Ald. Sengstock, seconded by Ald. Vitale, that the agenda as submitted be accepted. The motion carried. I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of September 18, 2007 A motion was made by Ald. Sengstock, seconded by Ald. Lajsic, to approve the minutes of the regular meeting of September 18, 2007. The motion carried. J. ITEMS NOT REFERRED TO COMMITTEE 1. 2007-0629 List of West Allis homeowners selected as winners of the 2007 Best Porches of West Allis. Attachments: BESTPORCHES.CC LTR.doc This Matter was Placed on File on a Block Vote. 2. 2007-0613 Claim for Public Improvement Lien in the amount of $39,677.03 relative to the Pioneer Neighborhood Redevelopment Project from Veolia ES Emerald Park Landfill, LLC. This Matter was Referred for Legal Action to the City Attorney on a Block Vote. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 3. 2007-0614 James T. Statza communication regarding vehicle damage allegedly sustained at S. 76 St. and W. Oklahoma Ave. on September 11, 2007. This Matter was Referred for Legal Action to the City Attorney on a Block Vote. 4. 2007-0620 Kevin Bahrs communication regarding vehicle damage allegedly sustained at Hwy 100 and W. Theo Trecker Way on August 18, 2007. This Matter was Referred for Legal Action to the City Attorney on a Block Vote. 5. 2007-0621 Summons & Complaint in the matter of Stephen J. Dent vs. Peter Daniels, Project Engineer for the City of West Allis. This Matter was Referred for Legal Action to the City Attorney on a Block Vote. Passed The Block Vote K. STANDING COMMITTEE REPORTS LICENSE & HEALTH COMMITTEE 6. 2007-0537 Police Department Report involving Painted Parrot, 8028 W. National Ave. (2006-2007 Class B Tavern License no. 454, Dance Hall License no. 504, Instrumental Music License no. 1068 and Cigarette License no. 455 of LTL PNK HSZ, LLC, Gregory S. Barczak, Agent, Incident Date: June 26, 2007). This Matter was Placed on File on a Block Vote. 7. 2007-0577 2007-2008 Tavern Operator License application no. 376 of Cayla M. Yanny. This Matter was Approved on a Block Vote. 8. 2007-0578 2007-2008 Tavern Operator License application no. 378 of Joseph M. Schleicher. This Matter was Approved on a Block Vote. 9. 2007-0579 2007-2009 Tavern Operator License application no. 395 of Daniel J. Dougherty. This Matter was Approved on a Block Vote. 10. 2007-0580 2007-2009 Tavern Operator License application no. 396 of Caidy L. Muhar. This Matter was Approved on a Block Vote. 11. 2007-0602 2007-2009 Tavern Operator License application no. 401 of Justin A. Flickinger. This Matter was Approved on a Block Vote. 12. 2007-0603 2007-2009 Tavern Operator License application no. 402 of Jared L. Kegley. This Matter was Approved on a Block Vote. 13. 2007-0611 2007-2009 Tavern Operator License application no. 405 of Michelle L. Ditter. Denied based on the police report. This Matter was Denied on a Block Vote. 14. 2007-0551 2007-2008 Tavern Operator License application no. 372 of Chris G. Psuik. Denied based on two (2) nonappearances. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 This Matter was Denied on a Block Vote. 15. 2007-0528 2007-2009 Tavern Operator License application no. 388 of Scott R. Jesion. Denied based on the police report. This Matter was Denied on a Block Vote. 16. 2007-0535 Police Department Report involving Sir Gregory's Pub, 7534 W. Beloit Rd. (2006-2007 Class B Tavern License no. 832, Dance Hall License no. 834 and Cigarette License no. 833 of Sir Gregory's Pub, LLC Gregory L. Tans, Agent, Incident Date: June 14, 2007). This Matter was Placed on File on a Block Vote. 17. 2007-0539 Police Department Report involving Mario's, 1900 S. 60 St. (2007-2008 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: July 6, 2007). This Matter was Placed on File on a Block Vote. 18. 2007-0540 Police Department Report involving Mario's, 1900 S. 60 St. (2007-2008 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: July 28, 2007). This Matter was Placed on File on a Block Vote. 19. 2007-0541 Police Department Report involving JP's Hat Trix, 1520 S. 87 St. (2007-2008 Class B Tavern License no. 1223 and Cigarette License no. 1224 of JP's Hat Trix, LLC, Pamela A. Yanny, Agent, Incident Date: July 8, 2007). This Matter was Placed on File on a Block Vote. 20. 2007-0543 Police Department Report involving Ubie's Double Vision, 5501 W. Burnham St. (2007-2008 Class B Tavern License no. 853, Dance Hall License no. 854, Instrumental Music License no. 855 and Cigarette License no. 856 of Ubie's Double Vision, LLC, Robert A. Uebelacker, Agent, Incident Date: July 14, 2007). This Matter was Placed on File on a Block Vote. 22. 2007-0542 Police Department Report involving Wild Bill's Saloon, 1454 S. 92 St. (2007-2008 Class B Tavern License no. 789 and Cigarette License no. 790 of Wild Bill's Saloon, LLC, William P. Savage, Agent, Incident Date: July 10, 2007). This Matter was Placed on File on a Block Vote. 23. 2007-0454 2007-2009 Tavern Operator License renewal application no. 274 of Shelly M. Beaster. License granted October 24, 2007, after satisfying a twenty-one (21) day suspension. This Matter was Approved on a Block Vote. 24. 2007-0575 2007-2008 Tavern Operator License application no. 375 of Kayla R. Pavlak. Denied based on the police report. City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 This Matter was Denied on a Block Vote. Passed The Block Vote 21. R-2007-0191 Resolution Relative to Adopting a Conditional Class B Liquor License Policy for all City Departments/Divisions for Inclusion in the City of West Allis Policies & Procedures Manual. Sponsors: Kopplin Attachments: CC07.doc Conditional Class B Liquor License Policyv3draft changes.doc Conditional Class B Liquor License PolicyFinal.doc A motion was made by Ald. Kopplin, seconded by Ald. Narlock, that this matter be Adopted. The motion carried by the following vote: Aye: 9- Czaplewski, Dobrowski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, Vitale, and Weigel No: 0 L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings A motion was made by Ald. Sengstock, seconded by Ald. Narlock, that the Council recess until completion of Committee meetings. The motion carried. Thereupon, the Council took a recess at 7:20 p.m. Upon returning from recess at 7:45 p.m., and the roll call being taken, there were: Present 9- Czaplewski, Dobrowski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, Vitale, and Weigel Excused 1- Barczak M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 25. R-2007-0239 Resolution relative to the transfer of $5,700 from the Contingency Fund to the Public Works Forestry Materials Account for the purchase of trees to be used in the 2008 spring tree planting program. Sponsors: Administration & Finance Committee This Matter was Adopted on a Block Vote. 26. 2007-0622 Communication from the Director of Public Works to transfer $5,700 from the contingency fund for the purchase of trees to be used in the 2008 spring tree planting program. Attachments: tree planting transfer.rtf This Matter was Placed on File on a Block Vote. 27. 2007-0627 West Allis Federation of Nurses Notice of Commencement of Contract Negotiations. Held in Administration & Finance Committee during recess. City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 28. 2007-0633 Communication from City Administrative Officer transmitting Traffic Violation & Accident Reports for the period April 1, 2007 through June 30, 2007. Held in Administration & Finance Committee during recess. 29. 2007-0628 2008 City of West Allis Mayor's Recommended Budget. Held in Administration & Finance Committee during recess. Passed The Block Vote Aye: 9- Czaplewski, Dobrowski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, Vitale, and Weigel No: 0 PUBLIC WORKS COMMITTEE 30. R-2007-0235 Resolution relative to accepting the proposal of McNeilus Truck & Mfg. for furnishing and installing one (1) refuse collection packer for a total sum of $55,722.00. Sponsors: Public Works Committee Attachments: 963 Refuse Packer.xls This Matter was Adopted on a Block Vote. 31. R-2007-0236 Resolution relative to accepting the proposal of Peterbilt Wisconsin for furnishing and delivering one (1) truck cab and chassis for a total sum of $94,230.00. Sponsors: Public Works Committee Attachments: 964 Cab & Chassis.xls This Matter was Adopted on a Block Vote. Passed The Block Vote Aye: 9- Czaplewski, Dobrowski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, Vitale, and Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 32. O-2007-0038 An Ordinance to Establish Parking Restrictions on Both Sides of the North 440 feet of the 1300 Block of S. 104 St. Sponsors: Barczak This Matter was Passed on a Block Vote. 33. O-2007-0039 An Ordinance to Repeal Parking Restrictions on the West Side of the 1800 Block of S. 80 St. Sponsors: Kopplin Held in Safety & Development Committee during recess. City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 34. R-2007-0209 Resolution approving a Certified Survey Map for proposed lot consolidation of the former Laidlaw Transit Inc. properties at 7725, 7741 and 79** W. National Ave. and the former Neis Hardware property at 7939-43 W. National Ave. and 1810 S. 80 St., submitted by Milo Pinkerton, MSP Real Estate, Inc. (Tax Key Nos. 452-0599-001, 452-0598-001, 452-0597-003, 452-0597-002, 452-0597-001, 452-9999-007, 452-0596-000) Sponsors: Safety & Development Committee This Matter was Adopted on a Block Vote. 35. 2007-0545 Certified Survey Map for proposed lot consolidation of the former Laidlaw Transit Inc. properties at 7725, 7741 and 79** W. National Ave. and the former Neis Hardware property at 7939-43 W. National Ave. and 1810 S. 80 St., submitted by Milo Pinkerton, MSP Real Estate. (Tax Key Nos. 452-0599-001, 452-0598-001, 452-0597-003, 452-0597-002, 452-0597-001, 452-9999-007, 452-0596-000) This Matter was Placed on File on a Block Vote. 36. R-2007-0233 Resolution relative to determination of Special Use Permit for proposed Gathering Grounds coffee shop, to be located at the former Seventh Day Adventist Church at 1610-12 S. 81 St. (Tax Key No. 452-0313-000) Sponsors: Safety & Development Committee This Matter was Placed on File on a Block Vote. 37. 2007-0536 Special Use Permit for proposed Gathering Grounds coffee shop, to be located at the former Seventh Day Adventist Church at 1610-12 S. 81 St. (Tax Key No. 452-0313-000) This Matter was Placed on File on a Block Vote. 38. R-2007-0237 Resolution Requiring the Routing of All Geo-Referenced Subdivision Plats and Certified Survey Maps to the County Land Information Office Upon Approval. Sponsors: Ald. Weigel Held in Safety & Development Committee during recess. 39. 2007-0619 Randy Eldien, Superior Siding and Windows, Inc., 8012-14 W. National Ave., communication regarding parking relative to the Proposed Housing Complex at the Neis/Laidlaw site. This Matter was Placed on File on a Block Vote. 40. 2007-0631 Police Chief communication regarding City of West Allis crime statistics and major crime report for the month of August 2007. This Matter was Placed on File on a Block Vote. 41. 2007-0495 Request for an alley vacation for a portion of City right of way on the east side of the Oscar's Custard property at 2362 S. 108 St., submitted by James Taylor, owner, Oscar's Custard. (Tax Key No. 485-0016-002) Held in Safety & Development Committee during recess. City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 42. 2007-0626 Communication from Rich Hehr, on behalf of McDonald's Corporation, requesting a 90 day extension of time to record the approved Certified Survey Map for proposed combination of certain properties at the McDonald's restaurant site at 10915 and 109** W. National Ave. approved by Common Council on August 7, 2007. (Tax Key Nos. 520-9961-002 and 520-9961-003) This Matter was Approved on a Block Vote. Passed The Block Vote Aye: 9- Czaplewski, Dobrowski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, Vitale, and Weigel No: 0 LICENSE & HEALTH COMMITTEE 44. 2007-0623 2007-2009 Tavern Operator License application no. 9-394 of John L. Deering. Held in License & Health Committee during recess. 45. 2007-0625 2007-2009 Tavern Operator License application no. 9-391 of Alison W. Dulka. Held in License & Health Committee during recess. 46. 2007-0624 2007-2008 and 2007-2009 Tavern Operator License applications. 2007-2008 license application nos. 370 & 383-385 granted and 2007-2009 license application nos. 383 & 406-408 granted. This Matter was Approved on a Block Vote. 47. 2007-0616 2007-2008 Special Class B Beer and Wine License application(s). License application nos. 7 & 8 granted. This Matter was Approved on a Block Vote. 48. 2007-0632 2007-2008 Adult-Oriented Establishment Operator Permit application no. 1338 of Christine C. Boettcher. Held in License & Health Committee during recess. 49. 2007-0604 Police Department report regarding tavern violations/calls for service for the month of August 2007. This Matter was Placed on File on a Block Vote. 50. 2007-0605 Police Department Report involving The New Heartbreakers, 9442 W. National Ave., (2007-2008 Class B Tavern License no. 876, Dance Hall License no. 878 and Tavern Entertainment License no. 879 of ELS Properties, LLC, Lori Ann Sisolak, Agent, Incident Date: August 7, 2007.) This Matter was Placed on File on a Block Vote. 51. 2007-0606 Police Department Report involving Magoo's Sports Pub & Grill, 8911 W. National Ave.(2007-2008 Class B Tavern License no. 637, Dance Hall License no. 640, Instrumental Music License no. 644 and Cigarette License no. 639 of Magoo's of West Allis, LTD., Thomas J. Beckmann, Agent, Incident Date: August 5, 2007). City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 Held in License & Health Committee during recess. 52. 2007-0607 Police Department Report involving Mario's, 1900 S. 60 St. (2007-2008 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: August 27, 2007.) Held in License & Health Committee during recess. 53. 2007-0608 Police Department Report regarding August 18, 2007 Tobacco Compliance Check involving eight (8) West Allis businesses, resulting with three (3) selling tobacco to an underage person without requesting identification (2007-2008 Cigarette License renewal application no. 1066 of Salina, Inc., Jennifer E.M. Pagel, Agent, d/b/a Sunrise BP at 10731 W. Oklahoma Ave.) Held in License & Health Committee during recess. 54. 2007-0609 Police Department Report regarding August 18, 2007 Tobacco Compliance Check involving eight (8) West Allis businesses, resulting with three (3) selling tobacco to an underage person without requesting identification (2007-2008 Class B Tavern License application no. 1210 and 2007-2008 Cigarette License application no. 1211 of Havana Lounge, LLC, Brian J. Blocher, Agent, d/b/a Havana Lounge & Cigar at 9505 W. Greenfield Ave.) Held in License & Health Committee during recess. 55. 2007-0610 Police Department Report regarding August 19, 2007 Tobacco Compliance Check involving eight (8) West Allis businesses, resulting with three (3) selling tobacco to an underage person without requesting identification (2007-2008 Cigarette License application no. 484 of Marshall Iga, Inc., Michael W. McArdle, Agent, d/b/a Cigarette Depot at 1520 S. 84 St.) Held in License & Health Committee during recess. 56. 2007-0599 Summons and Complaint in the matter of the complaint against Shelly M. Beaster, 2007-2009 Tavern Operator License renewal application no. 274. This Matter was Placed on File on a Block Vote. 57. 2007-0461 2007-2008 Class B Tavern license renewal application no. 1278, of Sobczak & Sitowski, LLC, Cynthia J. Sobczak, Agent, d/b/a Steakhouse 100 Banquet Room, for premises located at 7240 W. Greenfield Ave. Held 58. 2007-0615 2007-2008 Class B Tavern license application no. 1334, Dance Hall License application no. 1335 and Cigarette License application no. 1336 of WheatCo Enterprises, LLC, Shawna M. Fischer, Agent, d/b/a Shawna's Pub & Grub, for premises located at 1101 S. 60 St. (new-nonexisting location). Held City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 59. 2007-0612 2007-2008 Class B Tavern license application no. 1330 of Andrea's Pizza & Restaurant, Inc., Landi Feto, Agent, d/b/a Andrea's Pizza & Restaurant, for premises located at 7520 W. Oklahoma Ave. (new-nonexisting location). Held Passed The Block Vote 43. O-2007-0037 An Ordinance to amend subsection 9.02(5)(b)4 of the Revised Municipal Code relative to establishing a late application fee for Temporary Extension of Class B Tavern Licensed Premises for Special Events. Sponsors: License & Health Committee A motion was made by Ald. Kopplin, seconded by Ald. Narlock, that this matter be Passed. The motion carried by the following vote: Aye: 9- Czaplewski, Dobrowski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, Vitale, and Weigel No: 0 ADVISORY COMMITTEE 60. R-2007-0238 Resolution in regard to City's position with respect to shared revenues and levy limits as part of the new State biennium budget. Sponsors: Leg Cte This Matter was Adopted on a Block Vote. 61. 2007-0630 Legislative Committee minutes for September 25, 2007. Attachments: 092507 LEGCMTE MIN.doc This Matter was Placed on File on a Block Vote. Passed The Block Vote Aye: 9- Czaplewski, Dobrowski, Kopplin, Lajsic, Narlock, Reinke, 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 7:50 p.m., with the next regularly scheduled meeting to be held on October 16, 2007, at 7:00 p.m A motion was made by Ald. Sengstock, seconded by Ald. Vitale, to adjourn at 7:50 p.m., with the next regularly scheduled meeting to be held on October 16, 2007, at 7:00 p.m. The motion carried. /s/ Paul M. Ziehler City Administrative Officer Clerk/Treasurer City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes October 2, 2007 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