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, December 15, 2009 7:00 PM City Hall - Council Chambers REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Council President Sengstock at 7:00 p.m. B. ROLL CALL Present 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Roadt. D. PUBLIC HEARINGS 1. R-2009-0257 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 60 St. from North Corporate Limits to W. Lincoln Ave., W. Greenfield Ave. from S. 60 St. to S. 62 St. and portions of intersecting streets by concrete reconstruction with miscellaneous walk, miscellaneous driveway repair, narrowing of pavement, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments. Sponsors: Public Works Committee Explanation by Michael Lewis, City Engineer. Appearances: Paul Karczewski, 2246 S. 60 St., requested the street not be narrowed, commented on numerous accidents, and addressed concerns regarding safety, line of vision and parked cars. Jane Benesh, 2144 S. 60 St., requested the street not be narrowed, commented on the notice of assessment and cost/funding for the project, and addressed concerns regarding traffic and parked cars. Anthony Corona Italeb, LLC, 2179-81 S. 60 St. and 2183-85 S. 60 St., commented on street parking, street width, assessment amount, and bids for the project. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 2. O-2009-0039 Ordinance to amend Sections 12.43 and 12.45 of the Revised Municipal Code relative to permitting commercial truck sales/repair as a Special Use in the M-1 Manufacturing District and amending outdoor storage site planning criteria. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 3. R-2009-0268 Resolution relative to determination of Special Use Permit for Fitness 19, a proposed fitness center to be located within the Towne Centre shopping center at 6706 W. Greenfield Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 4. R-2009-0267 Resolution relative to determination of Special Use Permit for Sacude Fitness, a proposed dance studio to be located at 9413 W. Greenfield Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 5. R-2009-0270 Resolution relative to determination of Special Use Permit for Expert Car Care, a proposed auto repair facility, to be located at 6803 W. National Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 6. R-2009-0269 Resolution relative to determination of Special Use Permit for J's China Gourmet, a proposed restaurant to be located within the Agnos State Fair Court multi-tenant commercial building, located at 1470 S. 84 St. 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. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 G. MISCELLANEOUS BUSINESS Mayor's Report None. Alderpersons Comments Ald. Reinke said that the gifts for the veterans are due December 16th, and wrapping will take place on Friday with follow-up delivery and distribution. Ald. Sengstock thanked Ald Reinke for her work on this project. H. AGENDA APPROVAL that the agenda as submitted be accepted I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of December 1, 2009 J. ITEMS NOT REFERRED TO COMMITTEE 7. 2009-0795 Report of the Municipal Judge for the month of November 2009, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $87,003.13. Attachments: Municipal Report. November 2009.pdf 8. 2009-0797 Summons and Complaint in the matter of Waterstone Bank SSB vs. City of West Allis, et al. 9. 2009-0803 Russell R. Jacobsen communication regarding vehicle damage allegedly sustained at 2190 South 60 Street on December 8, 2009. Passed The Block Vote K. STANDING COMMITTEE REPORTS None. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 7:36 p.m. Upon returning from recess at 8:20 p.m., and the roll call being taken, there were: Present 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel Mayor Devine presiding. M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 7. 2009-0795 Report of the Municipal Judge for the month of November 2009, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $87,003.13. Attachments: Municipal Report. November 2009.pdf 11. 2009-0804 Communication from Mayor Devine recommending the appointment of Michael Lewis to the new position of Director of Public Works/City Engineer. Attachments: CC.LewisAppt 121509.pdf 12. R-2009-0272 Resolution approving the amended Employment Contract with the City Engineer, Michael G. Lewis, to include responsibilities of Director of Public Works. Sponsors: Administration & Finance Committee Attachments: JOB DESCRIP.Dir PW-City Eng 1209.pdf Emp Cont - Amended.MLewis 13. R-2009-0265 Resolution Amending the Investment Policy in the Following Areas: Delegation of Authority, Authorized Financial Institutions, Investment Entities and Programs, and a new section entitled "Custodians/Trust Companies" Sponsors: Administration & Finance Committee Attachments: Microsoft Word - 2009 dec 15 Investment Policy Legistar.pdf Dec 15 Letter.pdf 14. R-2009-0266 Resolution relative to a one-year extension (for 2010) of the Intergovernmental Cooperation Agreement between the City of West Allis (Fire Department) and the Milwaukee Metropolitan Sewerage District for Tunnel Rescue Team and Services in the amount of $356,534. Sponsors: Administration & Finance Committee Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 10. O-2009-0040 An Ordinance to create Section 2.29 of the City of West Allis Revised Municipal Code regarding the establishment of the position of Director of Public Works/City Engineer. Sponsors: Administration & Finance Committee Aye: 7- Barczak, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Vitale No: 3- Czaplewski, Kopplin, and Weigel PUBLIC WORKS COMMITTEE 15. R-2009-0264 Resolution Granting a Privilege for Encroachment (Major) to Suzanne Ball (d/b/a 88 Keys Piano Martini Lounge) for property located at 7211-13 West Greenfield Avenue. Sponsors: Public Works Committee Aye: 9- Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 Present: 1- Barczak 16. 2009-0790 Southeastern Wisconsin Regional Planning Commission communication providing a copy of SEWRPC Technical Report No. 39, Water Quality Conditions and Sources of Pollution in the Greater Milwaukee Watersheds; a request to endorse the water quality management plan update; and a request to participate in The Southeastern Wisconsin Watersheds Trust (SWWT). Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 Public Hearing Items (Public Works Committee) 18. R-2009-0257 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 60 St. from North Corporate Limits to W. Lincoln Ave., W. Greenfield Ave. from S. 60 St. to S. 62 St. and portions of intersecting streets by concrete reconstruction with miscellaneous walk, miscellaneous driveway repair, narrowing of pavement, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments. Sponsors: Public Works Committee City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 19. R-2009-0258 Final Resolution authorizing public improvement by concrete reconstruction with miscellaneous walk, miscellaneous driveway repair, narrowing of pavement, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments in S. 60 St. from North Corporate Limits to W. Lincoln Ave., W. Greenfield Ave. from S. 60 St. to S. 62 St. and portions of intersecting streets and levying special assessments against benefited properties. Sponsors: Public Works Committee Passed The Block Vote Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, and Weigel No: 1- Vitale 17. 2009-0800 Communication from City Engineer Regarding 60th Street Reconstruction Project-Traffic Signals at Mineral Street. Attachments: Mineral Traffic Signals.rtf to put the traffic signals back into the project. Aye: 8- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, and Vitale No: 2- Sengstock, and Weigel SAFETY & DEVELOPMENT COMMITTEE 21. O-2009-0036 An Ordinance to Establish Parking Restrictions on the West Side of the North 35 Feet of the 1400 Block of S. 65 St. Sponsors: Ald. Vitale Public Hearing Items (Safety & Development Committee) 22. O-2009-0039 Ordinance to amend Sections 12.43 and 12.45 of the Revised Municipal Code relative to permitting commercial truck sales/repair as a Special Use in the M-1 Manufacturing District and amending outdoor storage site planning criteria. Sponsors: Safety & Development Committee 23. R-2009-0268 Resolution relative to determination of Special Use Permit for Fitness 19, a proposed fitness center to be located within the Towne Centre shopping center at 6706 W. Greenfield Ave. Sponsors: Safety & Development Committee 24. 2009-0745 Special Use Permit for Fitness 19, a proposed fitness center to be located within the Towne Centre shopping center at 6706 W. Greenfield Ave. 25. R-2009-0267 Resolution relative to determination of Special Use Permit for Sacude Fitness, a proposed dance studio to be located at 9413 W. Greenfield Ave. Sponsors: Safety & Development Committee Pending Plan Commission Approval City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 26. 2009-0747 Special Use Permit for Sacude Fitness, a proposed dance studio to be located at 9413 W. Greenfield Ave. 27. R-2009-0270 Resolution relative to determination of Special Use Permit for Expert Car Care, a proposed auto repair facility, to be located at 6803 W. National Ave. Sponsors: Safety & Development Committee 28. 2009-0784 Special Use Permit for Expert Car Care, a proposed auto repair facility, to be located at 6803 W. National Ave. 29. R-2009-0269 Resolution relative to determination of Special Use Permit for J's China Gourmet, a proposed restaurant to be located within the Agnos State Fair Court multi-tenant commercial building, located at 1470 S. 84 St. Sponsors: Safety & Development Committee 30. 2009-0785 Special Use Permit for J's China Gourmet, a proposed restaurant to be located within the Agnos State Fair Court multi-tenant commercial building, located at 1470 S. 84 St. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 20. R-2009-0271 Resolution approving the Cooperation Agreement by and between the Community Development Authority of the City of West Allis and the City of West Allis for Tax Incremental District Eleven - 84th & Greenfield Redevelopment Area. Sponsors: Safety & Development Committee Aye: 9- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Sengstock, Vitale, and Weigel No: 1- Roadt City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 LICENSE & HEALTH COMMITTEE 31. 2009-0779 Time Warner Cable communication relative to their 2009 Annual Notice. 32. 2009-0793 Video/Cable Communications Coordinator communication regarding recommendations for 3rd quarter Operating Funds to the West Allis Community Communications Corporation (WACCC) for the Public Access Channel. 33. 2009-0792 Video/Cable Communications Coordinator communication regarding recommendations for 3rd quarter funding for the WA/WM School District educational access operations. 34. 2009-0796 2009-2010 Special Class B Beer and Wine License application(s). License application no. 7 granted. 35. 2009-0798 2009-2010 Adult-Oriented Establishment Operator Permit application(s). License application no. 1607 granted. 36. 2009-0799 2009-2010 and 2009-2011 Tavern Operator License applications. 2009-2010 License application nos. 414 and 415 granted. 2009-2011 License application nos. 412-413, 415, and 417 granted. 37. 2009-0791 Police Department report regarding tavern violations/calls for service for the month of November 2009. Attachments: Report.November 2009.pdf 38. 2009-0786 Police Department Report involving Harry O's 2nd Base, 6743 W. Lincoln Ave. (2009-2010 Class B Tavern License no. 827, Dance Hall License no. 829 and Instrumental Music License no. 830 of Harry O's, Inc., Harry Strahlendorf, Agent, Incident Date: November 4, 2009). Held in License & Health Committee during recess. 39. 2009-0787 Police Department Report involving Smokin' Joe's Pub, 6139 W. Beloit Rd., (2009-2010 Class B Tavern License no. 1427, Dance Hall License no. 1428 and Instrumental Music License no. 1430 of Smokin' Joe's Pub, LLC, Joseph A. Jeffords, Agent, Incident Date: November 10, 2009). Held in License & Health Committee during recess. 40. 2009-0788 Police Department Report involving The Network, 9541 W. Cleveland Ave. (2009-2010 Class B Tavern License no. 786, and Dance Hall License no. 788 of The Network, LLC, Jacob M. Silber, Agent, Incident Date: October 25, 2009). Held in License & Health Committee during recess. City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 41. 2009-0789 Police Department Report involving Mario's, 1900 S. 60 St. (2009-2010 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: November 14, 2009). Held in License & Health Committee during recess. 42. 2009-0801 2009-2011 Tavern Operator License application no. 11-414 of Angela C. Gutbrod. Held in License & Health Committee during recess. 43. 2009-0802 2009-2011 Tavern Operator License application no. 11-416 of Tanya M. Mena. Held in License & Health Committee during recess. 44. 2009-0777 2009-2010 Combination Class A Liquor License application no. 1609 of Sarbjit Singh Sidhu, d/b/a Walsh's Beer & Liquor, for premises at 10910 W. Greenfield Avenue (new-existing location). 45. 2009-0778 2009-2010 Class B Tavern License application no. 1608 of Frank J. Bevsek Funeral Home, Inc., Steven Lazarczyk, Agent, d/b/a Bevsek-Verbick Funeral Home premises located at 10210 W. Lincoln Avenue (new-nonexisting location). 46. 2009-0774 2009-2010 Tavern Operator License application no. 10-411 of Joseph R. Sosa. 47. 2009-0775 2009-2011 Tavern Operator License application no. 11-409 of Clifford D. Fitz. 48. 2009-0776 2009-2011 Tavern Operator License application no. 11-411 of Susan M. Giganti. 49. 2009-0781 2009-2010 Tavern Operator License application no. 10-410 of Gurnaib S. Sran. 50. 2009-0782 2009-2010 Tavern Operator License application no. 10-413 of Cortney A. Oettinger. Held in License & Health Committee during recess. 51. 2009-0669 2009-2011 Tavern Operator License application no. 11-393 of James L. Bultynck. 52. 2009-0711 2009-2011 Tavern Operator License application no. 11-401 of Jeanette R. Lemieux. 53. 2009-0730 Police Department Report involving Sportz Medicine, 7731 W. Becher St. (2009-2010 Class B Tavern License no. 1453 and Dance Hall License no. 1455 of Sportz Medicine, LLC, Mark R. Holbert, Agent, Incident Date: October 12, 2009). City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 54. 2009-0731 Police Department Report involving Magoos Sports Pub & Grill, 8911 W. National Ave. (2009-2010 Class B Tavern License no. 637, Dance Hall License no. 640 and Instrumental Music License no. 644 of Magoos of West Allis, LTD., Thomas J. Beckmann, Agent, Incident Date: October 16, 2009). 55. 2009-0733 Police Department Report involving Crazy Horse, 9440 W. National Ave. (2009-2010 Class B Tavern License no. 1301, Tavern Special Entertainment License no. 1302 and Dance Hall License no. 1303 of Cugino's Entertainment, LLC, Dominic T. LaLicata, Agent, Incident Date: October 30, 2009). 56. 2009-0732 Police Department Report involving Flappers, 7527 W. Becher St. (2009-2010 Class B Tavern License no. 797 and Dance Hall License no. 799 of Rodeo Grill, LLC, Mark S. Silber, Agent, Incident Date: October 21, 2009). Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 ADVISORY COMMITTEE 57. 2009-0780 City Administrative Officer, Clerk/Treasurer communication requesting permission to destroy certain records. Attachments: Clerk.Destruction of Records.pdf 58. 2009-0783 Mayor Devine and City Administrative Officer, Clerk/Treasurer communication regarding appointment of election inspectors for 2010-2011. Attachments: Mayor Devine communication 2009-0783.pdf Republican Party of Milw County comm 2009-0783.pdf Election Officials for the year 2010-2011.pdf 59. 2009-0794 Legislative Committee minutes for December 8, 2009. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes December 15, 2009 N. OTHER MATTERS RELATING TO THE AFFAIRS AND GOVERNMENT OF THE CITY WHICH MAY PROPERLY BE BROUGHT BEFORE THE COMMON COUNCIL Mayor Devine wished everyone a happy and safe holiday season. Council President Sengstock commented on the fluid operations of the City, and complimented the department heads for their dedication, commitment, and building very workable relationships. He stated that services have been maintained, and thanked employees of the City. He wished everyone a happy holiday season and healthy 2010. O. ADJOURNMENT to adjourn at 8:46 p.m., with the next regularly scheduled meeting to be held on January 5, 2010, at 7:00 p.m /s/ Monica Schultz Deputy City Clerk 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