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, February 3, 2009 7:00 PM City Hall - 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- 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. Reinke. D. PUBLIC HEARINGS 1. R-2009-0029 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of various streets and two alleys. Sponsors: Public Works Committee S. Wollmer Rd. from W. National Ave. to S. Root River Parkway; S. 72 St. from W. Kinnickinnic River Parkway to W. Bennett Ave.; W. Bennett Ave. from S. 72 St. to East City Limits; North/South Alley between S. 94 St., S. 95 St., W. Dakota St. and W. Manitoba St.; and North/South and East/West Alley between S. 94 St., S. 95 St., W. Manitoba St. and W. Oklahoma Ave. Explanation by Michael Lewis, City Engineer. Appearances: Pam and Dan Bailey, 2975 S. 94 St., opposed the project and addressed their concerns relative to the economy. She commented on foreclosed properties and retired couples on fixed incomes. Ms. Bailey presented a petition in opposition to the project. Patricia Radtke, 11412 W. National Ave., commented on the financial hardship of having to pay for more than one street. Tom Fitzgerald, 72nd & Bennett, addressed the state of the economy, indicated that the road is not that bad, and requested the project be delayed. 2. R-2009-0040 Resolution relative to determination of Special Use Permit to establish 88 Keys Piano Martini Lounge restaurant/bar, to be located at 7211 W. Greenfield Ave. (Tax Key No. 453-0089-000). City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 3. R-2009-0033 Resolution relative to determination of Special Use Permit for proposed hours of operation extension for First Class Child Care, an existing business located at 7625 W. Becher St. (Tax Key No. 477-0748-000). Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 4. R-2009-0042 Resolution relative to determination of Special Use Permit to establish Jing Well Acupuncture and Natural Medicine Spa, to be located within a portion of the multi-tenant commercial building located at 8410 W. Cleveland Ave. (Tax Key No. 487-0250-002). 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 Mayor Devine stated that Ald. Vitale and his wife are doing well with their recovery. Alderpersons Comments Ald. Weigel commented on the West Allis Police Department's neighborhood meetings. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 H. AGENDA APPROVAL that the agenda as submitted be accepted I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of January 20, 2009 J. ITEMS NOT REFERRED TO COMMITTEE 5. 2009-0065 Report of the Municipal Judge for the month of December 2008, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $80,171.38. Attachments: 2009-0065.pdf 6. 2009-0063 Jeffrey Jasniewski communication regarding vehicle damage allegedly sustained at 2133 S. 88 St. on December 24, 2008. 7. 2009-0069 Notice of Injury submitted on behalf of Gene S. Schulak regarding injuries allegedly sustained at 5408 W. Electric Ave. on October 1, 2008. 8. 2009-0070 Nicholas Yets communication regarding vehicle damage allegedly sustained at 1722 S. 73 St. on January 9, 2009. 9. 2009-0071 Stephanie Wisneski communication regarding vehicle damage allegedly sustained at the 9400 block of W. Mitchell St. on December 28, 2008. 10. 2009-0072 Tim Knapp communication regarding vehicle damage allegedly sustained at the intersection of S. 60 St. and W. Greenfield Ave. on January 14, 2009. 11. 2009-0073 Summons and Complaint in the matter of Ridgestone Bank vs. City of West Allis, et al. 12. 2009-0074 Dianne Kerznar communication regarding vehicle damage allegedly sustained at the 1100 block of S. 71 St. on January 22, 2009. 13. 2009-0082 Linda Neuhaus communication requesting a refund of towing charges which allegedly occurred on December 30, 2008. Passed The Block Vote K. STANDING COMMITTEE REPORTS LICENSE & HEALTH COMMITTEE 14. 2009-0021 2008-2009 Tavern Operator License application no. 09-621 of Jessica A. Charris. Aye: 8- Barczak, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 1- Czaplewski 15. 2009-0051 2008-2010 Tavern Operator License application no. 10-295 of Meghan E. Silas. Denied based on the police report. 16. 2009-0052 2008-2010 Tavern Operator License application no. 10-296 of Brooke A. Neumann. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 Denied based on the police report. 17. 2008-0750 Police Department Report regarding November 12, 2008 Tobacco Compliance Check involving twelve (12) West Allis businesses, resulting with one (1) selling tobacco to an underage person without requesting identification (2008-2009 Cigarette License no. 477 of Speedway Superamerica, LLC, Heather R. Walker, Agent, d/b/a Speedway #2090 at 9130 W. Oklahoma Ave.). 18. 2009-0032 Police Department Report regarding December 23, 2008 Alcohol Compliance Check involving fifteen (15) West Allis businesses, resulting with three (3) selling alcohol to an underage person without requesting identification (2008-2009 Combination Class A Liquor License no. 936 and Cigarette License no. 1077 of Town Beer & Liquor, Inc., Joseph A. Kovacich, Agent, d/b/a Town Beer & Liquor, 903 S. 84 St.). 19. 2009-0033 Police Department Report regarding December 23, 2008 Alcohol Compliance Check involving fifteen (15) West Allis businesses, resulting with three (3) selling alcohol to an underage person without requesting identification (2008-2009 Class A Beer License no. 907 and Cigarette License no. 1013 of INXS Beverages, LLC, Suraj Ozman, Agent, d/b/a Walsh's Beer & Liquor, 10910 W. Greenfield Ave.). 20. 2009-0034 Police Department Report regarding December 23, 2008 Alcohol Compliance Check involving fifteen (15) West Allis businesses, resulting with three (3) selling alcohol to an underage person without requesting identification (2008-2009 Combination Class A Liquor License no. 1398 and Cigarette License no. 1399 of Swami & Sai, LLC, Rajesh G. Patel, Agent, d/b/a VJ's Food Mart, 9206 W. Schlinger Ave.). 21. 2009-0029 Police Department Report involving Thirsty's Saloon & Eatery, 6833 W. National Ave. (2008-2009 Class B Tavern License no. 1096, Dance Hall License no. 1098, Instrumental Music License no. 1247 and Cigarette License no. 1097 of FB Beverages, LLC, Lori L. Szuslik, Member, Incident Date: December 18, 2008). 22. 2009-0027 Police Department Report involving Koozy's Bar & Grille, 1657 S. 108 St. (2008-2009 Class B Tavern License no. 1421, Dance Hall License no. 1422 and Cigarette License no. 1423 of DNA of Sheboygan Falls, Inc., Demetri S. Itsines, Agent, Incident Date: December 16, 2008). 23. 2008-0747 Police Department Report involving Smokin' Joe's Pub, 6139 W. Beloit Rd., (2008-2009 Class B Tavern License no. 1427, Dance Hall License no. 1428, Instrumental Music License no. 1430 and Cigarette License no. 1429 of Smokin' Joe's Pub, LLC, Joseph A. Jeffords, Agent, Incident Date: November 15, 2008). 24. 2009-0024 Police Department Report involving Brass Monkey, 11904 W. Greenfield Ave. (2008-2009 Class B Tavern License no. 1238 and Instrumental Music License no. 1328 of Ron's Drivein, LLC, Ronald L. Thelen, Agent, Incident Date: December 1, 2008). 25. 2009-0025 Police Department Report involving Rocco's Bar & Grill, 1309 S. 60 St. (2008-2009 Class B Tavern License no. 1361, Dance Hall License no. 1363 and Cigarette License no. 1362 of Rocco A. Landgraff, Incident Date: December 3, 2008). City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 26. 2009-0030 Police Department Report involving Mugshotz, 1902 S. 68 St. (2008-2009 Class B Tavern License no. 1380, Dance Hall License no. 1382, Instrumental Music License no. 1383 and Cigarette License no. 1381 of Mugshotz, Inc., Gregory J. Steffek, Agent, Incident Date: December 24, 2008). Passed The Block Vote L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 7:20 p.m. Upon returning from recess at 8:06 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 M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 27. R-2009-0039 Resolution relative to accepting the proposal of Opdyke Truck & Equipment Sales for furnishing and delivering one (1) knuckleboom crane for a total net sum of $34,100.00. Sponsors: Administration & Finance Committee and Public Works Committee Attachments: Knuckleboom crane sole source letter.pdf 28. R-2009-0036 Resolution Relative to Approving 2008 - Transfers, Carryovers, Open Purchase Orders, Capital Accumulation Charges and Negative Department Balances. Sponsors: Administration & Finance Committee Attachments: 2008 Carryovers.pdf Held in Administration & Finance Committee during recess. 29. 2009-0067 Comptroller/Manager of Finance submitting the report for the month of September, 2008 indicating City of West Allis checks issued in the amount of $3,757,535.12. 30. 2009-0068 Comptroller/Manager of Finance submitting the report for the month of October, 2008 indicating City of West Allis checks issued in the amount of $4,050,429.42. 31. 2009-0080 Communication from City Administrative Officer transmitting Traffic Violation & Accident Reports for the period October 1, 2008 through December 31, 2008. Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 PUBLIC WORKS COMMITTEE City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 32. R-2009-0037 Resolution to approve bid of Green Bay Pipe & T.V., LLC, for closed circuit TV inspection of sanitary and storm sewers in various locations within the City of West Allis, in the amount of $88,805.00. Sponsors: Public Works Committee Attachments: 2009-2 Bid Tab.pdf 33. R-2009-0038 Resolution to approve bid of D.C. Burbach, Inc. for alley reconstruction in various locations in the City of West Allis, in the amount of $440,355.40. Sponsors: Public Works Committee Attachments: 2009-1 Bid Tab.pdf 34. R-2009-0027 Resolution Granting a Revised Privilege for Encroachment (Major) to Cugino's Entertainment LLC (d/b/a Heartbreakers) for property located at 9440-42 West National Avenue. Sponsors: Public Works Committee City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 35. R-2009-0041 Resolution to accept the transfer of ownership, by Quit Claim Deed, of a Community Development Authority of the City of West Allis property located at 14** S. 62 St. (Tax Key Nos. 454-0074-000 and 454-0075-000) to the City of West Allis-Parking Utility. Sponsors: Public Works Committee 36. 2009-0084 Communication from City Engineer Regarding the Proposed Detour Route During the 60th Street Reconstruction. Attachments: COMM-60th Street Reconstruction Detour.pdf 37. 2009-0089 Communication from City Engineer Regarding Parking Restrictions along 60th Street from north city limits to Mineral Street. Attachments: COMM-60th Street Parking Restrictions.pdf 38. 2009-0085 Communication from City Engineer Regarding the Proposed Bike Trail and Closing the S. 57th Street Railroad Crossing. Attachments: COMM-Proposed Bike Trail and 57th St. RR Closing.pdf 39. 2009-0086 Communication from City Engineer Regarding the Proposed Cul-de-Sac for Rogers Street. Attachments: COMM-Proposed Cul du Sac for Rogers Street.pdf Public Hearing Items (Public Works Committee) 40. R-2009-0029 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of various streets and two alleys. Sponsors: Public Works Committee Held in Public Works Committee during recess. 41. R-2009-0030 Final Resolution authorizing public improvement by minor asphalt resurfacing with miscellaneous walk repair, miscellaneous driveway repair and utility adjustments to various streets, and asphalt resurfacing of the alley pavement in two alleys and levying special assessments against benefited properties. Sponsors: Public Works Committee Held in Public Works Committee during recess. Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 44. R-2009-0031 Resolution to approve Amendment Number Three to the Project Plan for Tax Incremental District Number Seven, City of West Allis, Wisconsin. Sponsors: Safety & Development Committee 45. 2009-0060 Communication from the Planning Manager relative to the Plan Commission's favorable recommendation of Amendment Number Three to the Project Plan for Tax Incremental District Number Seven. 46. 2009-0061 Communication from the Director of Development relative to the Community Development Authority's favorable recommendation of Amendment Number Three to the Project Plan for Tax Incremental District Number Seven. Passed The Block Vote Aye: 8- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, and Weigel No: 1- Roadt Public Hearing Items (Safety & Development Committee) 49. R-2009-0040 Resolution relative to determination of Special Use Permit to establish 88 Keys Piano Martini Lounge restaurant/bar, to be located at 7211 W. Greenfield Ave. (Tax Key No. 453-0089-000). Sponsors: Safety & Development Committee 50. 2009-0013 Special Use Permit to establish 88 Keys Piano Martini Lounge restaurant/bar, to be located at 7211 W. Greenfield Ave. (Tax Key No. 453-0089-000). Passed The Block Vote Aye: 8- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 Present: 1- Barczak SAFETY & DEVELOPMENT COMMITTEE 42. O-2008-0056 Ordinance to create Section 12.24 and amend Section 12.06 of the Revised Municipal Code to create restrictions for the installation of wind energy systems. Sponsors: Lajsic 43. O-2009-0002 An Ordinance to Create Section 18.09(2)(a)7 of the West Allis Revised Municipal Code Relating to Failure to Remove Snow/Ice as an Indicator of Abandoned Dwelling. Sponsors: Lajsic 47. R-2009-0035 Resolution to rescind Resolution No. R-2008-0195 and to approve the Certified Survey Map for proposed lot consolidation of a single-family residence and vacant lot at 2922 and 29** S. Waukesha Rd., submitted by John Krenz, owner (Tax Key Nos. 521-9931-000 and 521-9930-000). City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 Sponsors: Safety & Development Committee 48. 2009-0076 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). and Placed on File Public Hearing Items (Safety & Development Committee) 51. R-2009-0033 Resolution relative to determination of Special Use Permit for proposed hours of operation extension for First Class Child Care, an existing business located at 7625 W. Becher St. (Tax Key No. 477-0748-000). Sponsors: Safety & Development Committee 52. R-2009-0042 Resolution relative to determination of Special Use Permit to establish Jing Well Acupuncture and Natural Medicine Spa, to be located within a portion of the multi-tenant commercial building located at 8410 W. Cleveland Ave. (Tax Key No. 487-0250-002). Sponsors: Safety & Development Committee 53. 2009-0075 Special Use Permit to establish Jing Well Acupuncture and Natural Medicine Spa, to be located within a portion of the multi-tenant commercial building located at 8410 W. Cleveland Ave. (Tax Key No. 487-0250-002). Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 ADVISORY COMMITTEE City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 62. R-2009-0034 Resolution Relative to Adopting a New Policy for Inclusion in the City's Policies & Procedures Manual Relative to the Recruitment, Selection, Appointment and Confirmation of Board and Commission Members. Sponsors: Ald. Reinke Attachments: 406-Policies & Procedures-B&C Members.pdf Held in Advisory Committee during recess. 63. 2009-0081 Legislative Committee minutes for January 27, 2009. Attachments: LEG CMTE MINS 012709.pdf 64. 2009-0087 Appointment by Mayor Devine of Dr. Mark Roberts as a member of the West Allis Board of Health, his two-year term to expire January 1, 2011. 65. 2009-0088 Reappointments by Mayor Devine to the West Allis Community Celebrations Committee of Kathleen Dagenhardt, Mark Ellington, Mary Cay Freiberg, Pat Hladilek, and Jim Mejchar, their three-year terms to expire December 31, 2011. 66. 2009-0090 Reappointments by Mayor Devine to the West Allis Economic Development (Partnership) Committee of Gerald Matter and William Zick, their three-year terms to expire January 1, 2012. 67. 2009-0091 Reappointments by Mayor Devine to the West Allis Fair Housing Board of Steve Anich and Russell Retzack, their three-year terms to expire February 1, 2012. Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 0 PUBLIC WORKS COMMITTEE 38. 2009-0085 Communication from City Engineer Regarding the Proposed Bike Trail and Closing the S. 57th Street Railroad Crossing. Attachments: COMM-Proposed Bike Trail and 57th St. RR Closing.pdf A motion was made by Ald. Kopplin, seconded by Ald. Czaplewski to reconsider item no. 38. The motion carried unanimously. Aye: 7- Barczak, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 2- Czaplewski, and Kopplin LICENSE & HEALTH COMMITTEE City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes February 3, 2009 54. 2009-0077 2008-2009 Tavern Operator License application no. 09-626 of Eric M. Cates. Denied based on the police report. 55. 2009-0064 2008-2009 Class B Tavern License appl. no. 1490, Dance Hall License appl. no. 1492, Instrumental Music License appl. no. 1491 and Cigarette License appl. no. 1493 of Doppelganger's, Inc., Tammy L. Dopp, Agent, d/b/a Dopp's Bar & Grill premises located at 1753 S. 68 St. (new-existing location). 56. 2009-0028 Police Department Report involving Scotty's Pub, 6500 W. Greenfield Ave. (2008-2009 Class B Tavern License no. 1254, Dance Hall License no. 1255 and Cigarette License no. 1256 of Iris Girl, LLC, Peter D. Crivello, Agent, Incident Date: December 18, 2008). Held in License & Health Committee during recess. The Matter was referred for Summons and Complaint to the City Attorney. 57. O-2009-0003 An Ordinance to Amend Section 9.032 of the Revised Municipal Code Relating to Live Music Licenses for Taverns. Sponsors: Ald. Czaplewski Held in License & Health Committee during recess. 58. O-2009-0004 An Ordinance to Create Section 9.031 of the Revised Municipal Code Relating to Karaoke Music in Taverns. Sponsors: Ald. Czaplewski Held in License & Health Committee during recess. 59. 2009-0066 Time Warner Cable communications regarding the addition of BRAVO HD, CNBC HD and Chiller TV beginning January 15, 2009, and Primetime on Demand on February 18, 2009. Attachments: 2009-0066.pdf 60. 2009-0078 2008-2009 and 2008-2010 Tavern Operator License applications. 2008-2009 License application nos. 624-625 and 627-630 granted. 2008-2010 License application no. 299 granted. 61. 2009-0083 New Agent, Lori A. Laatsch, 2008-2009 Precious Metal & Gem Dealer License application no. 353 of David Derzon Co., Inc., d/b/a David Derzon Coin Co. for premises located at 2069 S. 108 St. 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 February 3, 2009 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 8:20 p.m., with the next regularly scheduled meeting to be held on February 17, 2009, at 7:00 p.m /s/ Paul M. Ziehler City Administrative Officer Clerk/Treasurer 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