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 1, 2008 7:06 PM City Hall - Council Chambers REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Mayor Devine at 7:06 p.m. B. ROLL CALL Present 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel Excused 1- Vitale C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Weigel. D. PUBLIC HEARINGS 1. O-2008-0027 Ordinance to amend Subsection 12.16(13) of the Revised Municipal Code relative to amending the Special Use Termination process. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 2. O-2008-0031 Ordinance to amend Sections 12.31, 12.37, 12.40 and 12.41 of the Revised Municipal Code relative to amending the review process of permitted public utility service structures. 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 July 1, 2008 3. O-2008-0032 Ordinance to repeal tattoo and body-piercing uses from Section 12.41 and 12.42 of the Revised Municipal Code and to permit them as Special Uses in 12.43, C-4 Regional Commercial District of the Revised Municipal Code. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 4. O-2008-0033 Ordinance to amend Subsection 12.70(1) of the Revised Municipal Code relative to amending the Flood Insurance Rate Map (FIRM) numbers. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 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 None. Alderpersons Comments Ald. Narlock congratulated several students on their awards for the Fair Housing Poster Contest presented at a ceremony in Madison. Ald. Reinke announced the Independence Day activities. Ald. Weigel reported on the June 10th neighborhood meeting regarding the Transitional Living Services building on 74th and Washington. He also addressed a blood donation drive at the Tommy Thompson Center scheduled for July 2nd. H. AGENDA APPROVAL that the agenda as submitted be accepted City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of June 17, 2008 J. ITEMS NOT REFERRED TO COMMITTEE 5. 2008-0460 Report of the Municipal Judge for the month of May 2008, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $114,868.82. 6. 2008-0471 Terrence and Jane Donaldson communication regarding property damage allegedly sustained on June 7, 2008 at 2534 S. 78 Street. 7. 2008-0476 Notice of Claim on Payment Bond for Public Project submitted by Stack Grading Co. in the amount of $9,930.00 relative to Champion Environmental Services, Inc. 8. 2008-0477 Claim for Public Improvement Lien submitted by Smithstonian Materials in the amount of $22,223.00 relative to Champion Environmental Services, Inc. 9. 2008-0490 Colleen Deverey communication regarding property damage allegedly sustained on June 7, 2008 at 7742 W. Rogers St. Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and 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 7:22 p.m. Upon returning from recess at 8:00 p.m., and the roll call being taken, there were: Present 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel Excused 1- Vitale City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 10. O-2008-0034 An Ordinance to establish the salaries of certain employees in the Health Department for 2008, 2009 and 2010. Sponsors: Administration & Finance Committee Attachments: NURSES ATTACHMENT #1.pdf NURSES ATTACHMENT #2.pdf NURSES ATTACHMENT #3.pdf 11. R-2008-0165 Resolution to approve Summary of Negotiated Settlement with the West Allis Engineering Technician and Aides Association (ET&AA), for 2008-2010. Sponsors: Administration & Finance Committee Attachments: SNS Eng. Tech. and Aides Assoc. 2008-2010.pdf 12. R-2008-0166 Resolution relative to accepting the proposal of SunGard Public Sector for providing a Procurement Card Tracking Module for a total net sum of $17,130.00. Sponsors: Administration & Finance Committee Attachments: 998 P-card tracking module.pdf 13. R-2008-0170 Resolution relative to authorizing the submittal of a state grant application in the amount of $142,650 by the Director of Development and the subsequent appropriation of matching funds for a Brownfield Green Space and Public Facilities Grant for the property located at 11241 W. Lincoln Ave. Sponsors: Administration & Finance Committee 14. 2008-0474 Comptroller/Manager of Finance submitting the City of West Allis Unaudited Financial Statement Package for the period ended December 31, 2007 (final). Attachments: 2008-0474.pdf 15. 2008-0475 Comptroller/Manager of Finance submitting the City of West Allis Unaudited Financial Statement Package for the quarter ending March 31, 2008 for review and approval. Attachments: 2008-0475.pdf 16. 2008-0485 Comptroller/Manager of Finance submitting the report for the month of April, 2008 indicating City of West Allis checks issued in the amount of $1,900,611.55 17. 2008-0489 Comptroller/Manager of Finance submitting the report for the month of May, 2008 indicating City of West allis checks issued in the amount of $2,464,670.39 18. 2008-0481 Communication from Assistant City Attorney Sheryl L. Kuhary regarding the outcome of the Joy Franson v. City of West Allis ERD case. City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 Attachments: hpsc140.pdf 19. 2008-0486 Communication from the City Assessor requesting postponement of the 2009 citywide revaluation until 2010. Attachments: City Assessor Communication 2008-0486.pdf City Attorney Claim Report 20. 2008-0295 Mark Springfield communication regarding vehicle damage allegedly sustained on S. 76th Street between W. Pierce St. and W. Washington St. on April 16, 2008. Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 PUBLIC WORKS COMMITTEE 22. R-2008-0168 Resolution Granting an (Tax key No. 480-9994-003) Sponsors: Public Works Committee 23. R-2008-0169 Resolution to approve bid of Stark Asphalt a division of Northwest Asphalt Products, Inc. for street construction, storm sewer, sanitary sewer repair and lining, hydrant replacement, miscellaneous utility adjustments and pavement marking in W. Theodore Trecker Way from S. 108 Street to S. 116 Street and S. 116 Street from 90' North of W. Theodore Trecker Way to W. Greenfield Avenue in the City of West Allis, in the amount of $1,193,392.30. Sponsors: Public Works Committee Attachments: 2008-11 Bid Tab.xls 26. 2008-0491 Communication from City Engineer Regarding the 2009-2013 Capital Improvement Paving Program. Attachments: COMM-2009 to 2013 Proposed Paving.pdf 27. 2008-0469 Request from West Park Place Senior Living to block off South 74 Street from West Greenfield Avenue to the alley at the back of the building on Saturday, July 26, 2008, for an outdoor picnic with live entertainment. Attachments: west park place.pdf Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 21. R-2008-0167 Resolution Granting an Access Easement to Wisconsin Bell, Inc., d/b/a AT&T-Wisconsin, a Wisconsin Corporation, to Install a New Utility Cabinet at South 58 Street and West Beloit Rd. (Tax key No. 455-0044-000) Sponsors: Public Works Committee Aye: 8- Barczak, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 1- Czaplewski 24. R-2008-0171 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of W. Rosedale Ave. from S. 96 St. to 110 feet East of S. 96 St. by minor asphalt resurfacing of the pavement with miscellaneous walk repair, miscellaneous driveway repair and utility adjustments. Sponsors: Public Works Committee 25. R-2008-0172 Final Resolution authorizing public improvement by minor asphalt resurfacing of the pavement with miscellaneous walk repair, miscellaneous driveway repair, storm sewer, water main relay and utility adjustments in W. Rosedale Ave. and levying special assessments against benefited properties. Sponsors: Public Works Committee Passed The Block Vote Aye: 6- Barczak, Czaplewski, Kopplin, Narlock, Roadt, and Weigel No: 3- Lajsic, Reinke, and Sengstock SAFETY & DEVELOPMENT COMMITTEE 28. O-2008-0030 An Ordinance to Create Section 18.09 of the West Allis Revised Municipal Code Relating to Nuisance Abandoned Dwellings. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. 29. O-2008-0035 Ordinance to repeal Subsection 13.21(4)(a) 2 of the Revised Municipal Code relative to removing a sign conformance requirement. Sponsors: Safety & Development Committee City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 30. R-2008-0152 Resolution approving a Certified Survey Map for proposed lot split of a single-family residence located at 3215 S. 106 St., submitted by Frank Stamm, owner. (Tax Key No. 524-9981-000) Sponsors: Safety & Development Committee 31. 2008-0419 Certified Survey Map for proposed lot split of a single-family residence located at 3215 S. 106 St., submitted by Frank Stamm, owner. (Tax Key No. 524-9981-000) 32. R-2008-0153 Resolution approving a Certified Survey Map for proposed lot split of a single-family residence located at 713 S. 98 St., submitted by Joseph and Laura Kreinus, property owners. (Tax Key No. 443-0396-000) Sponsors: Safety & Development Committee 33. 2008-0422 Certified Survey Map for proposed lot split of a single-family residence located at 713 S. 98 St., submitted by Joseph and Laura Kreinus, property owners. (Tax Key No. 443-0396-000) 34. R-2008-0164 Resolution to rescind Resolution R-2008-0102 and to approve the Certified Survey Map for proposed lot consolidation of a single-family residence and a vacant lot at 2922 and 29** S. Waukesha Rd., submitted by John Krenz, owner. (Tax Key Nos. 521-9931-000 and 521-9930-000) Sponsors: Safety & Development Committee 35. 2008-0446 Communication from John Krenz requesting a 60-day extension of time on filing the Certified Survey Map for proposed lot consolidation of a single-family residence and a vacant lot at 2922 and 29** S. Waukesha Rd. approved May 6, 2008. (Tax Key Nos. 521-9931-000 and 521-9930-000) 36. R-2008-0161 Resolution relative to determination of Special Use Permit for D'Acquisto's House of Ink, a proposed tattoo parlor, to be located at 8125 W. National Ave. (Tax Key No. 452-0601-000) Sponsors: Safety & Development Committee 37. 2008-0420 Special Use Permit for D'Acquisto's House of Ink, a proposed tattoo parlor, to be located at 8125 W. National Ave. (Tax Key No. 452-0601-000) 38. 2008-0482 Special Use Permit to establish a martial arts training facility, d/b/a Martial Starts, within a portion of the Renaissance Faire Building located at 819 S. 60 St. (Tax Key No. 439-0002-008) Held in Safety & Development Committee during recess. City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 39. 2008-0487 Special Use Permit to amend R-2006-0171 to include/establish an auto repair use within a portion of the existing McAdam's Car Co. building located at 2081 S. 56 St. (Tax Key No. 474-0241-000) Held in Safety & Development Committee during recess. 40. 2008-0488 Request by Kevin O. Lester of Dualite Sales & Service, Inc. for a 45 day extension of time to comply with the signage installation requirement stated in special use resolution R-2008-0289 at 11000-10 W. National Ave. Sherwin-Williams property. Public Hearing Items (Safety & Development Committee) 41. O-2008-0027 Ordinance to amend Subsection 12.16(13) of the Revised Municipal Code relative to amending the Special Use Termination process. Sponsors: Safety & Development Committee 42. O-2008-0031 Ordinance to amend Sections 12.31, 12.37, 12.40 and 12.41 of the Revised Municipal Code relative to amending the review process of permitted public utility service structures. Sponsors: Safety & Development Committee 43. O-2008-0032 Ordinance to repeal tattoo and body-piercing uses from Section 12.41 and 12.42 of the Revised Municipal Code and to permit them as Special Uses in 12.43, C-4 Regional Commercial District of the Revised Municipal Code. Sponsors: Safety & Development Committee 44. O-2008-0033 Ordinance to amend Subsection 12.70(1) of the Revised Municipal Code relative to amending the Flood Insurance Rate Map (FIRM) numbers. Sponsors: Safety & Development Committee Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 LICENSE & HEALTH COMMITTEE 45. 2008-0438 Summons and Complaint in the matter of the complaint against Steven T. Robinson 2008-2010 Tavern Operator License renewal application no. 10-110. Attachments: 2008-0438 Complaint.pdf 2008-0438 Summons.pdf Held in License & Health Committee during recess. City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 46. 2008-0368 2008-2010 Tavern Operator License renewal application no. 10-110 of Steven T. Robinson. Held in License & Health Committee during recess. 47. 2008-0430 2008-2009 Class B Tavern license application no. 1424, Dance Hall license application no. 1425 and Instrumental Music license application no. 1426, of Susan M. Domena, d/b/a Top Gun Saloon for premises located at 1100 S. 60 St. (new-existing location). 48. 2008-0206 Summons and Complaint in the matter of the complaint against Top Gun Saloon, Inc., Angela M. Robinson, Agent for the premises located at 1100 S. 60 St., d/b/a Top Gun Saloon (2007-2008 Class B Tavern License no. 88). Attachments: 2008-0206.pdf 49. 2008-0102 Police Department Report involving Top Gun Saloon, 1100 S. 60 St. (2007-2008 Class B Tavern License no. 729, Dance Hall License no. 731 and Instrumental Music License no. 730 of Top Gun Saloon, Inc., Angela M. Robinson, Agent, Incident Date: February 3, 2008). 50. 2008-0393 2008-2009 Class B Tavern license renewal application no. 729, Dance Hall license renewal application no. 731 and Instrumental Music license renewal application no. 730, of Top Gun Saloon, Inc., Angela M. Robinson, Agent, d/b/a Top Gun Saloon for premises located at 1100 S. 60 St. 51. 2008-0462 2008-2009 Tavern Operator License application no. 9-531 of Joshua J. Knapp. Denied based on police report. 52. 2008-0417 2008-2009 Tavern Operator License application no. 9-515 of Michele L. Campbell. Denied based on police report. 53. 2008-0449 2008-2010 Tavern Operator License application no. 10-201 of Tina R. Siepe. 54. 2008-0480 2008-2009 Tavern Operator License appl. no. 10-540 of James L. Bultynck, Jr. Denied based on police report. 55. 2008-0298 2008-2010 Tavern Operator License renewal application no. 10-36 of Dennis J. Sweeney. 56. 2008-0236 2008-2009 Tavern Operator License application no. 9-492 of John R. Monty. Held in License & Health Committee during recess. City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 57. 2008-0324 Police Department Report involving PM Pub & Grub, 6533 W. Mitchell St., (2007-2008 Class B Tavern License no. 622, Dance Hall License no. 624 and Cigarette License no. 623 of Pec Mon Corp., John R. Monty, Agent, Incident Date: March 31, 2008). Held in License & Health Committee during recess. 58. 2008-0311 2008-2009 Class B Tavern License renewal application no. 622 and Dance Hall License renewal application no. 624 of PEC Mon Corp., Dorene J. Monty, Agent, d/b/a PM Pub & Grub, premises located at 6533 W. Mitchell St. Held in License & Health Committee during recess. 59. 2008-0408 2008-2009 Combination Class A Liquor License renewal appl. no. 1080 of Dilneet, Corp., Rupinder K. Randhawa, Agent, d/b/a West Allis Liquor & Tobacco, premises located at 7218 W. Greenfield Ave. 60. 2008-0465 2008-2009 Class B Tavern License appl. no. 1421, Dance Hall License appl. no. 1422, DNA of Sheboygan Falls, Inc., Demetri Itsines, Agent, d/b/a Koozy's Bar & Grille, premises located at 1657 S. 108 St. (new-existing location). Held in License & Health Committee during recess. 61. 2008-0466 2008-2009 Class B Tavern License appl. no. 1427, Dance Hall License appl. no. 1428 and Instrumental Music License appl. no. 1430 of Smokin' Joe's Pub, LLC, Joseph A. Jeffords, Agent, d/b/a Smokin' Joe's Pub premises located at 6139 W. Beloit Rd. (new-existing location). 62. 2008-0306 2008-2009 Class B Tavern License application no. 1389 of Jacqueline A. George, d/b/a Gyro Grill & Pub for premises located at 10722 W. Oklahoma Ave. (new-nonexisting location). Held in License & Health Committee during recess. 64. 2008-0383 2008-2009 Combination Class A Liquor License appl. no. 1410 of Catering Specialties, Inc., Mark S. Anderson, Agent, d/b/a All Occasions Catering/ Bubbs BBQ, for premises at 7905 W. Lincoln Ave. (new-nonexisting location). Held in License & Health Committee during recess. 65. 2008-0461 Time Warner Cable communication regarding the separation of Time Warner Cable, Inc. and Time Warner, Inc. Attachments: 2008-0461 Time Warner Communication.pdf 66. 2008-0479 Video/Cable Communications Coordinator communication regarding Second Quarter Funding for Public Access Channel Operations. Attachments: 2008-0479.pdf 67. 2008-0478 Video/Cable Communications Coordinator communication regarding Second Quarter Funding for the Educational Access Channel. Attachments: 2008-0478.pdf City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 68. 2008-0467 Mega Marts, LLC communication regarding notice of change of liquor agent at the Pick 'n Save #6847 located at 6760 W. National Ave. (2008-2009 Combination Class A Liquor License no. 1089). 69. 2008-0468 2008-2009 Precious Metal & Gem Dealer License renewal application(s). License application no. 361 granted. 70. 2008-0472 2008-2009 and 2008-2010 Tavern Operator License applications. 2008-2009 License application nos. 534-536 & 541 granted. 2008-2010 License application nos. 20, 206, & 214-223 granted. 71. 2008-0464 2008-2009 Class B Tavern, Dance Hall, and Instrumental Music License renewal applications. License application nos. 853 & 887 granted. 72. 2008-0459 2008-2009 Class A Beer License renewal application(s). License application no. 914 granted. 73. 2008-0483 2008-2009 Class B Tavern Special Event Permit application no. 4 of Doppelganger's, Inc.,Tammy L. Dopp, Agent, d/b/a Dopp's Bar & Grill, 1022 S. 60 St. (2008-2009 Class B Tavern License no. 716, Instrumental Music License no. 722, Dance Hall License no. 720 and Cigarette License no. 718) for a Birthday Party, to be held July 19, 2008, from 1:00 p.m. to 9:00 p.m. (Fenced in backyard area south side of building). 74. 2008-0484 2008-2009 Class B Tavern Special Event Permit appl. no. 3 of Stephen A. Nennig, d/b/a Steven's Steak House, 9140 W. National Ave., (2008-2009 Class B Tavern License no. 655, Dance Hall License no. 656) for Pig Roast, on August 23, 2008 from 11:00 a.m. to 11:00 p.m. (parking lot with tent, and pig cooking pit). Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 City of West Allis Page 11 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 63. 2008-0305 2008-2009 Class B Tavern License application no. 1388, Instrumental Music License application no.1307, and Dance Hall License application no. 1386 of Barmann, LLC., Gregory S. Barczak, Agent, d/b/a 88 Keys Martini & Piano Lounge for premises located at 7105 W. Greenfield Avenue (new-nonexisting location). Aye: 8- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 Present: 1- Barczak ADVISORY COMMITTEE 75. 2008-0473 City Administrative Officer, Clerk/Treasurer communication regarding address changes for the McCarty Park and Liberty Heights Park polling places. Attachments: 2008-0473.pdf Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, 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 8:08 p.m., with the next regularly scheduled meeting to be held on August 5, 2008, at 7:00 p.m /s/ Paul M. Ziehler City Administrative Officer, Clerk/Treasurer City of West Allis Page 12 Printed on 12/21/2018 Common Council Meeting Minutes July 1, 2008 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 13 Printed on 12/21/2018