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, March 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- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel Excused 1- Barczak C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Sengstock. D. PUBLIC HEARINGS 1. R-2009-0048 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 76 St. from W. Cleveland Ave. to W. Oklahoma Ave. and portions of intersecting streets. Sponsors: Public Works Committee Explanation by Michael Lewis, City Engineer. Appearances: None. 2. R-2009-0069 Resolution relative to determination of Special Use Permit to establish The Orchard, an instructional training facility for dance, martial arts, aerobics, music and arts, business and trades within a portion of the existing mixed use building located at 1500 S. 73 St., 7223 W. Orchard St. and 15** S. 73 St. (Tax Key Nos. 453-0212-000 and 453-0211-000) Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: Shaunna Smars, 1512 S. 73 St., addressed her concerns regarding snow removal and parking. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 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 announced March as Youth Art Month. The West Allis - West Milwaukee School District will hold an art display open house on March 17th at City Hall. Mayor Devine attended the West Allis - West Milwaukee Chamber of Commerce Dinner and announced this year's individual and business award winners: George and Kathy Schneider, Citizen Award; LifeTime Credit Union, Business Award; and Home Depot, Community Partnership Award. Alderpersons Comments Ald. Weigel addressed Daylight Savings Time on March 8th, and commented on the West Allis Police Neighborhood Partnership Meeting on March 18th. H. AGENDA APPROVAL that the agenda as submitted be accepted I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of February 17, 2009 J. ITEMS NOT REFERRED TO COMMITTEE 3. 2009-0125 Quarterly Report of Matters Pending Before Committee Prior to November 1, 2008. Attachments: 2009-0125.doc.pdf 4. 2009-0120 Summons and Complaint in the matter of Citizens Bank of Mukwonago vs. City of West Allis, et al. 5. 2009-0121 Summons and Complaint in the matter of Countrywide Home Loans Servicing LP vs. City of West Allis, et al. Passed The Block Vote City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 K. STANDING COMMITTEE REPORTS LICENSE & HEALTH COMMITTEE 6. 2009-0098 2008-2009 Tavern Operator License application no. 09-633 of Dawn M. Buss. Denied based on the police report. 7. 2009-0101 2008-2010 Tavern Operator License application no. 10-303 of Brian C. Roeder. Denied based on the police report. 8. 2009-0123 2008-2009 Tavern Operator License application no. 09-636 of Dorian C. Haggerty, Sr. 9. 2009-0093 2008-2010 Tavern Operator License application no. 10-300 of Kelly A. Wirth. 10. 2009-0106 2008-2009 Class B Tavern Special Event Permit application no. 9 of OAR, LLC, Michael O'Connor, Agent, d/b/a O'Connor's Perfect Pint, 8423 W. Greenfield Ave. (2008-2009 Class B Tavern License no. 838; 2008-2009 Dance Hall License no. 840; and Instrumental Music License no. 841) for a St. Patrick's Weekend and St. Patrick's Day Party to be held March 14-17, 2009 from 12:00 p.m.-11:00 p.m. with outdoor music ending at 9:00 p.m., Sunday-Tuesday, March 15-17, 2009. (Tents along back and side of building.) 11. 2009-0031 Police Department Report involving Jock Stop Sports Bar, 7930 W. National Ave. (2008-2009 Class B Tavern License no. 880 and Dance Hall License no. 882 of JOCII Enterprises, LLC, Christopher J. Bitz, Agent, Incident Date: December 27, 2008). Passed The Block Vote 12. 2008-0633 2008-2009 Class B Tavern License renewal application no. 662 of William Miller, Inc., Thomas L. Miller, Agent, d/b/a Shakey's Pizza & Buffet premises located at 9638 W. National Ave. L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 Thereupon, the Council took a recess at 7:13 p.m. Upon returning from recess at 8:01 p.m., and the roll call being taken, there were: Present 9- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel Excused 1- Barczak M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 14. R-2009-0071 Resolution approving refinancing terms of the Economic Development Loan with Rokamco Distributing, Inc. located at 5420 W. Electric Ave. Sponsors: Ald. Vitale Held in Administration & Finance Committee during recess. 15. R-2009-0074 Resolution relative to the adoption of a Citizen Participation Plan, outlining residential involvement in the development of the Community Development Block Grant - Emergency Assistance Program (CDBG-EAP) application. Sponsors: Lajsic 16. R-2009-0075 Resolution relating to the City of West Allis' participation in the Wisconsin Small Cities Community Development Block Grant - Emergency Assistance Program (CDBG-EAP). Sponsors: Lajsic 17. R-2009-0076 Resolution relative to approving an interagency fiscal agent agreement with the City of Cudahy for the Milwaukee/Waukesha County Emergency Preparedness Consortium Sponsors: Ald. Reinke 19. 2009-0136 Communication from City Administrative Officer relative to a status report on the implementation of the 2007 Strategic Planning Action Plan items and first request to use $2,500 of the $100,000 in funding set aside for the action items implementation for partial funding of a graffiti power washer for the Police Department. Attachments: MCC.STATUS RPT 07 SPAI.pdf STATUS RPT.07 SP Action Items.pdf City Attorney Claim Report 20. 2006-0674 Sentry Insurance communication regarding property damage allegedly sustained at 921 S. 103 Street on December 27, 2005. 21. 2009-0035 Nicole Jusuf communication regarding vehicle damage allegedly sustained at 1515 S. 59 Street on December 24, 2008. City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 22. 2009-0036 Dan Bukiewicz communication regarding vehicle damage allegedly sustained at 3053 S. 83 Street on December 23, 2008. 23. 2009-0082 Linda Neuhaus communication requesting a refund of towing charges which allegedly occurred on December 30, 2008. Passed The Block Vote Aye: 9- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 13. R-2009-0066 Resolution relative to approving the application and the borrowing of up to $1,300,000 from the Trust Funds of the State of Wisconsin at an interest rate of 4.5 percent for a term of 10 years for the purpose of financing the acquisition, demolition, and cleanup of property within TID #7 and for no other purposes. Sponsors: Administration & Finance Committee Attachments: Borrowing $1,300,000.pdf 18. R-2009-0077 Resolution relative to approving an interagency agreement with the City of Cudahy for the purpose of fulfilling contract objectives for the 2009 Wisconsin Division of Public Health Tobacco Prevention and Control Program. Sponsors: Ald. Reinke Passed The Block Vote Aye: 8- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, Vitale, and Weigel No: 1- Roadt PUBLIC WORKS COMMITTEE 24. R-2009-0065 Resolution authorizing the Director of Public Works to accept the proposal of AECOM Technical Services (AECOM), formerly Earth Tech, to provide consulting services relative to the NR216 Permit compliance requirements for 2009 for a sum not to exceed $35,937. Sponsors: Public Works Committee 25. R-2009-0067 Resolution relative to accepting the proposal of Neher Electric Supply for furnishing aluminum street lighting poles for a total sum of $35,850.00. Sponsors: Public Works Committee Attachments: 1028 Aluminum Street Light Poles tabulation.pdf 26. R-2009-0072 Resolution relative to accepting the proposal of various suppliers for furnishing and delivering chimney seals, valves, water boxes and extensions for a total sum of $135,089.95. Sponsors: Public Works Committee City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 Attachments: 1026 Water Valves & Access. tabulation.pdf 27. R-2009-0068 Resolution relative to accepting the proposal of Neenah Foundry Co. for furnishing and delivering cast iron manholes and catchbasins for a total sum of $181,826.00. Sponsors: Public Works Committee 28. R-2009-0073 Resolution to approve bid of C.W. Purpero, Inc. for sanitary sewer relays and sanitary spot relays in various locations within the City of West Allis, in the amount of $568,466.20. Sponsors: Public Works Committee Attachments: 2009-4 Bid Results.pdf 29. 2009-0122 Downtown West Allis Business Improvement District (BID) requesting street closures of West Greenfield Ave., from 5:00 a.m. to 6:00 p.m., use of the City Hall parking lot for registration, parking restrictions, the use of signs and supplies from the Department of Public Works, and additional Police presence for their 19th Annual Classic Car Show on Sunday, October 4, 2009. Attachments: 2009-0122.pdf Public Hearing Items (Public Works Committee) 30. R-2009-0048 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 76 St. from W. Cleveland Ave. to W. Oklahoma Ave. and portions of intersecting streets. Sponsors: Public Works Committee 31. R-2009-0049 Final Resolution authorizing public improvement by major asphalt resurfacing with miscellaneous walk, miscellaneous driveway repair, storm sewer relay and utility adjustments in S. 76 St. from W. Cleveland Ave. to W. Oklahoma Ave. and portions of intersecting streets and levying special assessments against benefited properties. Sponsors: Public Works Committee Passed The Block Vote Aye: 9- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 SAFETY & DEVELOPMENT COMMITTEE 32. O-2009-0005 An Ordinance to Establish Parking Restrictions on the following West Allis Municipal Parking Lot: 84 & Cleveland SW. Sponsors: Lajsic 33. R-2007-0303 Resolution relative to determination of Special Use Permit for proposed demolition of the existing Shell convenience store and construction of a new BP convenience store and car wash at 8808 W. Oklahoma Ave. (Tax Key Nos. 517-9977-001 and 517-9977-002) Sponsors: Safety & Development Committee 34. 2007-0714 Special Use Permit for proposed demolition of the existing Shell convenience store and construction of a new BP convenience store and car wash at 8808 W. Oklahoma Ave. (Tax Key Nos. 517-9977-001 and 517-9977-002) 35. R-2008-0271 Resolution relative to determination of Special Use Permit for Flaming Grill, a proposed restaurant to be located at the former Chalet Restaurant at 6215 W. National Ave. (Tax Key No. 454-0073-001) Sponsors: Safety & Development Committee 36. 2008-0727 Special Use Permit for Flaming Grill, a proposed restaurant to be located at the former Chalet Restaurant at 6215 W. National Ave. (Tax Key No. 454-0073-001) 37. 2009-0095 Special Use Permit to establish I-94 Productions, a multi-media recording studio within a portion of the existing Westwood/Rupena's Shopping Center located at 7709 W. Beloit Rd. (Tax Key No. 515-0046-000) 38. 2007-0465 Special Use Permit for proposed Walking in the Spirit (WITS) Christian Academy daycare, to be located within the existing church building at 6420 W. Mitchell St. (Tax Key No. 454-0262-004) 39. 2009-0062 Communication from the Director of Development transmitting the decision of the Joint Review Board with respect to Tax Incremental District Number Seven (Whitnall Summit). Public Hearing Items (Safety & Development Committee) City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 40. R-2009-0069 Resolution relative to determination of Special Use Permit to establish The Orchard, an instructional training facility for dance, martial arts, aerobics, music and arts, business and trades within a portion of the existing mixed use building located at 1500 S. 73 St., 7223 W. Orchard St. and 15** S. 73 St. (Tax Key Nos. 453-0212-000 and 453-0211-000) Sponsors: Safety & Development Committee 41. 2009-0094 Special Use Permit to establish The Orchard, an instructional training facility for dance, martial arts, aerobics, music, business and trades within a portion of the existing mixed use building located at 1500 S. 73 St., 7223 W. Orchard St. and 15** S. 73 St. (Tax Key Nos. 453-0212-000 and 453-0211-000) Passed The Block Vote Aye: 9- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 LICENSE & HEALTH COMMITTEE 42. 2009-0133 Summons and Complaint in the matter of the complaint against Iris Girl, LLC, Peter D. Crivello, Agent for the premises located at 6500 W. Greenfield Ave., d/b/a Scotty's Pub (2008-2009 Class B Tavern License no. 1254). Attachments: 2009-0133.doc.pdf Held in License & Health Committee during recess. 43. 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. 44. 2009-0137 Summons and Complaint in the matter of the complaint against Lenny's, Inc., Leonard E. Malan, Agent for the premises located at 6309 W. National Ave., d/b/a Lenny's (2008-2009 Class B Tavern License no. 458). Held in License & Health Committee during recess. 45. 2009-0026 Police Department Report involving Lenny's, 6309 W. National Ave. (2008-2009 Class B Tavern License no. 458, Dance Hall License no. 506 and Cigarette License no. 1357 of Lenny's, Inc., Leonard E. Malan, Agent, Incident Date: December 12, 2008). Held in License & Health Committee during recess. 46. O-2009-0006 An Ordinance to Create Subsection 9.18(7)(t) of the Revised Municipal Code Relating to the Prohibition of Sale of Tickets Around the State Fair Park. Sponsors: Ald. Weigel Held in License & Health Committee during recess. City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 47. 2009-0132 Video/Cable Communications Coordinator communication regarding 4th quarter funding recommendations for the WA/WM School District educational access operations. Attachments: 2009-0132.pdf 48. 2009-0134 Video/Cable Communications Coordinator communication regarding recommendations for 4th Quarter Operating Funds to the West Allis Community Communications Corporation (WACCC) for the Public Access Channel. Attachments: 2009-0134.pdf 49. 2009-0118 Time Warner Cable communications regarding the addition of MLB HD, the addition of Starz on Demand, IndiePlex and RetroPlex, the discontinuation of MoviePlex, and the relocation of Fox Movie Channel, IFC, Encore, Encore Love, Encore Mystery, Encore Drama, Encore WAM, Encore Westerns and Encore Action; the launch of Start Over; the possibility of the discontinuation of WTMJ, UNIVISION, TELEFUTURA due to the agreements expiring, Toon Disney format change to Disney XD, addition of WPXE HD, discontinuation of Real Estate on Demand, the increase of the Office Change of Service Fee, and new digital phone customers access fee for activation. Attachments: 2009-0118.pdf 50. 2009-0116 2009-2010 Mobile Home Park License renewal application(s). License application nos. 288 and 292 granted. 51. 2009-0124 2009-2010 Used Vehicle Dealer License renewal application(s). License application nos. 29, 32, 210, 231, 233, 261, 263, 267, 976, 1045-1046 and 1048 granted. 52. 2009-0117 2008-2009 and 2008-2010 Tavern Operator License applications. 2008-2009 License application nos. 637-640 granted. 2008-2010 License application nos. 306-308 granted. 53. 2009-0131 2008-2009 Special Class B Beer and Wine License application(s). License application no. 21 granted. 54. 2009-0126 Police Department report regarding tavern violations/calls for service for the month of January 2009. Attachments: 2009-0126.pdf 55. 2009-0127 Police Department Report regarding January 18, 2009 Tobacco Compliance Check involving ten (10) West Allis businesses, resulting with none selling tobacco to an underage person without requesting identification. Attachments: 2009-0127.doc.pdf City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 56. 2009-0128 Police Department Report involving J.P.'s Hat Trix, 5826 W. Burnham St. (2008-2009 Class B Tavern License no. 1223 and Cigarette License no. 1224 of J.P.'s Hat Trix, Pamela A. Yanny, Agent, Incident Date: January 5, 2009). Held in License & Health Committee during recess. 57. 2009-0129 Police Department Report involving The Network, 9541 W. Cleveland Ave. (2008-2009 Class B Tavern License no. 786, Dance Hall License no. 788 and Cigarette License no. 787 of The Network, LLC, Stephen S. Silber, Agent, Incident Date: January 28, 2009). Held in License & Health Committee during recess. 58. 2009-0130 Police Department Report involving Las Palmas, 1901 S. 60 St. (2008-2009 Class B Tavern License no. 1345, Dance Hall License no. 1346, Instrumental Music License no. 1347 and Cigarette License no. 1348 of Las Palmas, LLC, Carmen D. Lewis Yun, Agent, Incident Date: January 12, 2009). Held in License & Health Committee during recess. Passed The Block Vote Aye: 9- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 ADVISORY COMMITTEE 59. R-2009-0064 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 60. 2009-0135 Legislative Committee minutes for February 24, 2009. Attachments: LEG CMTE MINS 022409.pdf Passed The Block Vote Aye: 9- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, 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. City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes March 3, 2009 O. ADJOURNMENT to adjourn at 8:07 p.m., with the next regularly scheduled meeting to be held on March 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 11 Printed on 12/21/2018