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 2, 2010 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 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Weigel. D. PUBLIC HEARINGS 1. R-2010-0025 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of various alleys in the City of West Allis by removal and reconstruction of the concrete alley pavement, storm sewer, storm sewer relay and storm underdrain. Sponsors: Public Works Committee Explanation by Peter Daniels, Principal Engineer. The Clerk's Office received one (1) letter with concerns of using asphalt for the repairs. Appearances: William Vogel, 1001 S. 61 St., said that he doesn't use the alley, and described past problems associated with garage approaches. He commented on changes in elevation of the alley, and the possibility of garages taking on water. Alan and Kathy Staut, 1205 S. 85 St., addressed how the asphalt from a past project deteriorated quickly, and they submitted a petition signed by twenty (20) neighbors who opposed a new alley. They stated that the alley is a dead end alley, and only a few use it. David Hamilton, 3128 S. 106 St., said the alley doesn't run all the way through. He described his 1998 plans for his garage to face the alley, and they were denied. He said he was informed the alley was meant for the apartments, and the alley is of no use to him. Kristi Bonaparte, 2124 S. 59 St., said that the alley does not need to be improved. She commented that this would be the third year of dealing with construction in the area. She City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes February 2, 2010 addressed her concerns with regard to water in her basement. Vivian Demos, 2156-58 S. 59 St., commented on the amount of construction in her area, and addressed her concerns relative to the taking of three to four feet which would almost end up at the foundation of her house. She addressed her concerns about the potential for foundation damage, and asked about the time frame for the project. Larry Seese, 2129 S. 74 St., said that he does not have a garage, and his house is three feet from the alley. He stated his concerns about possible damage to his house. He said that he does not use the alley, and asked why he has to pay for it. Gary Schlipp, 974 S. 62 St., said that he does not use the alley, and commented on the amount charged to a corner lot. He stated that his neighbors don't care about the alley, the snowplows dig it up, and asked why pay to fix it. David Knight, 2075-2109 S. 55 St. and 2074-2116 S. 56 St., asked about cost relative to approaches. He requested a map and description for the area effected by the project, and asked if there is a payment plan available for commercial properties. David Dahlman, 5726 W. Rogers, asked for clarification on the percentage of payment for the long and short sides of the lot. Judi Holter, 1028 S. 62 St., asked about the rates. Brian Williams, 2036 S. 56 St., asked if he could park his boat on the street. Ron O'Connor, 2140 S. 75 St., asked if a sewer analysis was done, and inquired about drainage, the reason for the project, and the process for bids. E. CITIZEN PARTICIPATION Peter Rohde, Union President, 2055 S. 103 Ct., commented on the letter from the West Allis Police and Fire Commission, and responded to David Seager's comments recently made on a radio program. 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 CAAD's Winter Fest to be held at Nathan Hale High School on February 6th, and said that the West Allis / West Milwaukee Chamber of Commerce will be having their annual dinner and award ceremony on February 19th recognizing their citizen and business of the year. Alderpersons Comments Ald. Barczak responded to David Seager's comments recently made on a radio program. 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 February 2, 2010 I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of January 19, 2010 J. ITEMS NOT REFERRED TO COMMITTEE 2. 2010-0037 Second Amended Summons and Complaint in the matter of Fox River State Bank vs. A.B. Petroleums, LLC, et al., regarding foreclosure of mortgage, Case No. 09-CV-16639. 3. 2010-0048 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000154. 4. 2010-0049 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000155. 5. 2010-0050 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000156. 6. 2010-0051 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman et al., regarding foreclosure of mortgage, Case No. 10CV000157. 7. 2010-0052 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000158. 8. 2010-0053 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000159. 9. 2010-0054 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000160. 10. 2010-0055 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000245. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes February 2, 2010 11. 2010-0056 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, a/k/a Joseph A. Hoffman, a/k/a Joe A. Hoffman, a/k/a Joseph Hoffman, Jr., et al., regarding foreclosure of mortgage, Case No. 10CV000246. 12. 2010-0057 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, a/k/a Joseph A. Hoffman, a/k/a Joe A. Hoffman, a/k/a Joseph Hoffman, Jr., et al., regarding foreclosure of mortgage, Case No. 10CV000248. 13. 2010-0058 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000249. 14. 2010-0059 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000280. 15. 2010-0060 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000281. 16. 2010-0061 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000282. 17. 2010-0062 Summons and Complaint in the matter of Metro Capital Funding, LLC vs. Joseph Hoffman, et al., regarding foreclosure of mortgage, Case No. 10CV000283. 18. 2010-0075 Peter LaLonde communication regarding vehicle damage allegedly sustained on HWY 41/45(N) at Freistadt Rd. on October 22, 2009. Passed The Block Vote K. STANDING COMMITTEE REPORTS LICENSE & HEALTH COMMITTEE 19. 2009-0802 2009-2011 Tavern Operator License application no. 11-416 of Tanya M. Mena. 20. 2010-0033 2009-2011 Tavern Operator License application no. 11-423 of Hector E. Guillermo. City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes February 2, 2010 21. 2009-0658 Police Department Report regarding September 16, 2009 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with two (2) selling alcohol to an underage person without requesting identification (2009-2010 Combination Class A Liquor License no. 1080 and Cigarette License no. 1081 of Dilneet Corporation, Rupinder K. Randhawa, Agent, d/b/a West Allis Liquor & Tobacco, 7218 W. Greenfield Ave.). 22. 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). 23. 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). 24. 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). Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 7:38 p.m. Upon returning from recess at 8:12 p.m., and the roll call being taken, there were: Present 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 25. 2010-0042 Communication from Director of Public Works/City Engineer regarding purchasing an emergency generator for the 97th Street Water Reservoir. Attachments: COMM-Emergency Generator 1-19-10.pdf City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes February 2, 2010 26. O-2010-0009 An Ordinance to Repeal and Recreate Section 1.12 of the West Allis Revised Municipal Code Relating to Hotel and Motel Room Tax. Sponsors: Kopplin 27. R-2010-0027 Resolution relative to accepting the proposal of Milwaukee 2-Way, Inc. for providing radio equipment maintenance services for a total net sum of $17,725.97. Sponsors: Administration & Finance Committee 28. 2010-0080 West Allis Police & Fire Commission letter supporting the West Allis Fire Department in response to unfavorable comments made by Milwaukee Fire Fighters Union President. Attachments: WA PFC letter supporting WAFD.012510.pdf 2010-0080.pdf 2010-0080.Rohde ltr.pdf 29. 2010-0089 Communication from the Downtown West Allis Business Improvement District requesting an amendment to their Fiscal Year 2010 Community Development Block Grant project application. 30. 2010-0079 Communication from City Administrative Officer transmitting Traffic Violation & Accident Reports for the period October 1, 2009 through December 31, 2009. Attachments: MCCAccidRpt.Qtr4 2009.pdf 31. 2010-0078 Communication from City Administrative Officer regarding request to fill a vacant Truck Driver position in the Sanitation and Street Division. Attachments: VACPOSREQ.TrkDrvr SS 020110.pdf 32. 2010-0088 Communication from City Administrative Officer regarding request to fill a Custodian III vacancy at the Public Library. Attachments: VACPOSREQ.Cust3 Lib 020210.pdf City Attorney Claim Report 33. 2007-0502 Summons & Complaint in the matter of Walgreen Co. vs. City of West Allis. 34. 2009-0803 Russell R. Jacobsen communication regarding vehicle damage allegedly sustained at 2190 South 60 Street on December 8, 2009. and Placed on File Passed The Block Vote Aye: 10 - Barczak, 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 February 2, 2010 PUBLIC WORKS COMMITTEE 35. R-2010-0028 Resolution relative to accepting the proposal of Ayres Associates Inc. for methane and groundwater sampling at the Lincoln Avenue landfill site for an estimated sum of $10,100.00. Sponsors: Public Works Committee Attachments: ayres-lincoln landfill 2010.pdf 36. 2010-0076 Communication from Director of Public Works/City Engineer regarding administrative charge for snow removal and grass cutting. Attachments: COMM-Administrative charge for snow removal and grass cutting.pdf 37. 2010-0066 Communication from Downtown West Allis Business Improvement District requesting to close Greenfield Avenue, and assistance with parking restrictions and signs for West Allis Ala Carte on Sunday, June 6, 2010. Attachments: 2010-0066.pdf 38. 2010-0090 Communication from Director of Public Works/City Engineer regarding Downtown West Allis Improvement District's 2010 West Allis Ala Carte event. Attachments: COMM-Ala Cart Communication information.pdf 39. 2010-0086 Communication from Director of Public Works/City Engineer on the appointment of Thomas Harmatys as the Assistant Director of Public Works. Attachments: COMM-Tom Harmatys appointment.pdf Public Hearing Items (Public Works Committee) 40. R-2010-0025 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of various alleys in the City of West Allis by removal and reconstruction of the concrete alley pavement, storm sewer, storm sewer relay and storm underdrain. Sponsors: Public Works Committee 41. R-2010-0026 Final Resolution authorizing public improvement by removal and reconstruction of the concrete alley pavement, storm sewer, storm sewer relay and storm underdrain in various alleys in the City of West Allis and levying special assessments against benefited properties. Sponsors: Public Works Committee Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes February 2, 2010 42. O-2010-0008 An Ordinance to Create Subsection 12.16(13)(e) of the West Allis Revised Municipal Code Relating to Grounds for Termination of a Special Use. Sponsors: Safety & Development Committee Attachments: ATTO-Create Subsec12.16(13)(e)-Termination Spec Use.rtf Held in Safety & Development Committee during recess. 43. R-2010-0024 Resolution declaring West Allis Ala Carte scheduled for June 6, 2010 between Noon and 6:00 p.m. as a Community Event. Sponsors: Safety & Development Committee 44. R-2010-0029 Resolution authorizing the Director of Development to enter into a Lease Agreement for the placement of temporary banner(s) on the former Pressed Steel Tank smoke stack located at 14** S. Six Points Crossing. Sponsors: Safety & Development Committee 45. R-2010-0030 Resolution amending a Purchase and Sale Agreement and Development Agreement between the Community Development Authority of the City of West Allis and West Allis Development, LLC, for properties within the Six Points/Farmers Market Redevelopment Area specifically along the north side of W. Greenfield Ave. between S. 63 St. and S. 64 St. Sponsors: Safety & Development Committee 46. 2010-0069 Communication from City of New Berlin's Department of Community Development informing the City of West Allis of their 2020 Comprehensive Plan along with two amendments for their Plan Commission Public Hearing in New Berlin on March 1, 2010. Attachments: 2010-0069.pdf 47. 2010-0073 Communication from City of Brookfield's Department of Community Development informing the City of West Allis of their 2035 Comprehensive Plan adopted by their Common Council on December 1, 2009. Attachments: 2010-0073.pdf 48. R-2010-0017 Resolution to impose a moratorium in the C-1, Downtown Central Business District, on tobacco stores that openly display, make available for sale instruments used for inhaling tobacco, that sell sex or marital aides. Sponsors: Ald. Weigel Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 LICENSE & HEALTH COMMITTEE City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes February 2, 2010 49. O-2010-0007 An Ordinance to Create Section 9.02(3m)(c)(1) and 9.02(3m)(c)(1)(a) of the West Allis Revised Municipal Code Relating to Class C Licenses. Sponsors: License & Health Committee 50. 2010-0074 Mega Marts, LLC communication regarding notice of change of liquor agent at the Pick 'n Save #6846 located at 2625 S. 108 St. (2009-2010 Combination Class A Liquor License no. 1087). Attachments: 2010-0074.pdf 51. 2010-0067 2009-2010 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. (2009-2010 Class B Tavern License no. 838, Dance Hall License no. 840, and Instrumental Music License no. 841) for a St. Patrick's Day Party to be held March 17, 2010 from 10:00 a.m.-10:00 p.m. (Tents outside back door and side of building). Outdoor event ending at 10:00 p.m. 52. 2010-0064 2009-2010 Amusement Distributor's License application. License application no. 1626 granted. 53. 2010-0063 2009-2010 and 2009-2011 Tavern Operator License applications. 2009-2010 license application nos. 422-423 granted and 2009-2011 license application nos. 428, 430-431 granted. 54. 2010-0071 2009-2010 Tavern Operator License application no. 10-421 of Adam P. Nelson. Held in License & Health Committee during recess. 55. 2010-0072 2009-2011 Tavern Operator License application no. 11-429 of Kathleen M. Bump. Held in License & Health Committee during recess. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 ADVISORY COMMITTEE 56. 2010-0065 Chief of Police communication requesting permission to destroy certain records. Attachments: 2010-0065.pdf City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes February 2, 2010 57. 2010-0077 Legislative Committee minutes for January 26, 2010. Attachments: LEG CMTE MINS 012610.pdf 58. 2010-0081 Reappointment by Mayor Devine of Terry Kelly as a member of the West Allis Commission on Aging, her three-year term to expire November 1, 2012. 59. 2010-0082 Reappointment by Mayor Devine of Kathleen Wiedel as a member of the West Allis Beautification Committee, her two-year term to expire December 31, 2011. 60. 2010-0084 Reappointments by Mayor Devine to the West Allis Board of Health, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, of Frank Bialek, Linda Grulke, and Diane Strack, their two-year terms to expire January 1, 2012. 61. 2010-0085 Reappointment by Mayor Devine of Devan Gracyalny as a member of the Historical Commission of the City of West Allis, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, his five-year term to expire December 31, 2014. 62. 2010-0087 Reappointment by Mayor Devine of Joseph Kempen as a member of the West Allis Suggestion Award Committee, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, his two-year term to expire January 1, 2012. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 63. 2010-0083 Reappointments by Mayor Devine to the West Allis Board of Health of Ald. Rosalie Reinke and Ald. Dan Roadt, their two-year terms to expire January 1, 2012. Aye: 8- Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Sengstock, Vitale, and Weigel No: 0 Present: 2- Reinke, and Roadt 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 16, 2010, at 7:00 p.m /s/ Paul M. Ziehler City Administrative Officer Clerk/Treasurer City of West Allis Page 10 Printed on 12/21/2018 Common Council Meeting Minutes February 2, 2010 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