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, October 4, 2011 7:18 PM City Hall Common Council Chambers REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Mayor Devine at 7:18 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-2011-0213 Resolution relative to determination of Special Use Permit for Iglesia de Dios, a proposed religious institution to be located at 5401 W. Burnham St. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. 2. R-2011-0211 Resolution relative to determination of Special Use Permit for J.J. Chen's Eatery, a restaurant to be located at 10722 W. Oklahoma Ave. 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 October 4, 2011 3. R-2011-0209 Resolution to approve the Year 2012 Operating Plan for the Downtown West Allis Business Improvement District and to adopt the Special Assessment Method as stated therein (Final). Sponsors: Administration & Finance Committee Explanation by Patrick Schloss, Manager of Community Development. Appearances: None. E. CITIZEN PARTICIPATION Joe Kempen, 807 S. 105 St., Police and Fire Commission President, commented on budgeting challenges, retirements, and balancing public safety and costs. Robert Braun, 2160 S. 86 St., commented on police resources and the feeding of squirrels. William McCarver, 2223 S. 72 St., commented on feeding the birds and squirrels. Cathi Probst, 1959 S. 79 St., addressed the contract for parking at Mykonos during State Fair. Diane Sobczak, 10702 W. Oklahoma Ave. (business), asked the Council to reconsider the number of temporary banners allowed in one year, and asked for an extension with special consideration. 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. Weigel reported on the Business Improvement District's Classic Car Show. H. AGENDA APPROVAL that the agenda as submitted be accepted I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of September 20, 2011 J. ITEMS NOT REFERRED TO COMMITTEE City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes October 4, 2011 4. 2011-0573 Notice of Injury submitted by Warshafsky, Rotter, Tarnoff & Bloch, S.C. on behalf of Jeffry Albanese regarding injuries allegedly sustained on June 29, 2011 near 9644 W. Schlinger Avenue. K. STANDING COMMITTEE REPORTS LICENSE & HEALTH COMMITTEE 5. 2011-0568 Summons and Complaint in the matter of the complaint against International Development, LLC, Joshua J. Johnson, Agent, for the premises located at 9105 W. Lincoln Ave., d/b/a Hero's Sports Pub & Grill (2011-2012 Class B Tavern License no. 1705, Dance Hall License no. 1728 and Instrumental Music License no. 1727). Attachments: 2011-0568.pdf 6. 2011-0514 Police Department Reports involving Hero's Sports Pub & Grill, 9105 W. Lincoln Ave. (2011-2012 Class B Tavern License no. 1705, Dance Hall License no. 1728 and Instrumental Music License no. 1727 of International Development, LLC, Joshua J. Johnson, Agent, Incident Dates: July 8, 2011, July 10, 2011, two (2) on July 24, 2011 and August 14, 2011). 7. 2011-0550 Police Department Reports involving Hero's Sports Pub & Grill, 9105 W. Lincoln Ave. (2011-2012 Class B Tavern License no. 1705, Dance Hall License no. 1728 and Instrumental Music License no. 1727 of International Development, LLC, Joshua J. Johnson, Agent, Incident Dates: July 16, July 20, July 24, July 30, July 31, August 6, August 7, August 27, and August 28, 2011. 8. 2011-0546 2011-2013 Tavern Operator License application no. 13-384 of Dustin J. Daley. 9. 2011-0547 2011-2013 Tavern Operator License application no. 13-388 of James E. Adams. 10. 2011-0507 Police Department Report involving Walk-Her-Inn, 900 S. 74 St. (2011-2012 Class B Tavern License no. 1538 and Dance Hall License no. 1540, Diane D. Plumeri, Incident Date: July 9, 2011). 11. 2011-0508 Police Department Report involving Flappers, 7527 W. Becher St. (2011-2012 Class B Tavern License no. 797 of Rodeo Grill, LLC, Mark S. Silber, Agent, Incident Date: July 2, 2011). 12. 2011-0509 Police Department Report involving Larry Michael's Club & Cafe, 8900 W. Greenfield Ave. (2011-2012 Class B Tavern License no. 472, Dance Hall License no. 1040 and Instrumental Music License no. 1039, Larry M. Beilfuss, Incident Date: July 1, 2011). 13. 2011-0510 Police Department Report involving Ubie's Double Vision, 5501 W. Burnham St. (2011-2012 Class B Tavern License no. 853, Dance Hall License no. 854 and Instrumental Music License no. 855 of Ubie's Double Vision, LLC, Robert A. Uebelacker, Agent, Incident Date: July 9, 2011). City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes October 4, 2011 14. 2011-0513 Police Department Report involving Taqueria Buenavista, 6000 W. Burnham St., (2011-2012 Class B Beer License no. 1590, Enicacio Sanchez, Incident Date: June 14, 2011). 15. 2011-0551 Police Department Report involving The Drunken Duck, 5906 W. Burnham Ave., (2011-2012 Class B Tavern License no. 1743 and Instrumental Music License no. 1788 of Beer Garden Entertainment, LLC, Lindsey Anne Guillermo, Agent, Incident Date: August 11, 2011). 16. 2011-0552 Police Department Report involving The Alibi Tavern, 6540 W. Grant St. (2011-2012 Class B Tavern License no. 1663 of Alibi Taverns, LLC, Patrick R. Kosidowski, Agent, Incident Date: August 13, 2011). 17. 2011-0557 Police Department Report involving Lois's Derby, 1430 S. 81 St. (2011-2012 Class B Tavern License no. 682 and Dance Hall License no. 684, Lois McHugh, Incident Date: August 15, 2011). 18. 2011-0562 Police Department Reports involving Wild Bill's Saloon, 1454 S. 92 St. (2011-2012 Class B Tavern License no. 789 of Wild Bill's Saloon, LLC, William P. Savage, Agent, Incident Dates: August 28, and August 31, 2011). 19. 2011-0455 Police Department Report regarding June 27, 2011 Tobacco Compliance Check involving fourteen (14) West Allis businesses, resulting with one (1) selling tobacco to an underage person without requesting identification. (2010-2011 Cigarette License no. 497 of Walgreens Co., Paul Mould, Agent, d/b/a Walgreens #4774, at 8333 W. Greenfield Ave.) 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 October 4, 2011 20. 2011-0544 2011-2012 Tavern Operator License application no. 12-328 of Colleen M. Santner. Aye: 9- Barczak, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 1- Czaplewski L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 7:49 p.m. Upon returning from recess at 8:47 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 21. R-2011-0208 Resolution Relative to Amending the City of West Allis Policies & Procedures Manual No. 1452, Workplace Violence Sections 1.0 Purpose, 2.0 Organizations and Person Affected, 5.2, 5.2.1 and 5.2.2 General Policies - Prohibited Conduct and 5.3.3 General Policies - Complaint and Investigation Procedure under Human Resources. Sponsors: Administration & Finance Committee Attachments: Microsoft Word - Amend P&P1452-5.2 Gen Policies-Prohibited Conduct-Clean.pdf 22. 2011-0574 Communication from the City Attorney regarding request to fill the vacant position of part-time Legal Secretary in the City Attorney's Office. Attachments: ltr-CC-SecretaryPosition.pdf VACPOSREQ.LegalSecy 100411.pdf 23. 2011-0586 Fire Chief notification of Transfer of Funds of $170,000 from Salary to Capital budget. Attachments: Fire Chief communication.pdf 27. R-2011-0209 Resolution to approve the Year 2012 Operating Plan for the Downtown West Allis Business Improvement District and to adopt the Special Assessment Method as stated therein (Final). Sponsors: Administration & Finance Committee City Attorney Claim Report 24. 2010-0039 Summons and Complaint in the matter of Chase Home Finance, LLC vs. City of West Allis, et al. City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes October 4, 2011 25. 2010-0606 Cross-Claim in the matter of Tri City National Bank vs. Wheatco Enterprises, LLC, et al, regarding foreclosure of mortgage, Case No. 10-CV-006264. 26. 2010-0659 Amended Summons and Complaint in the matter of U.S. Bank National Association vs. Maria Del Rosio Garcia, et al, regarding foreclosure of mortgage, Case No. 10-CV-005780. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 PUBLIC WORKS COMMITTEE 28. R-2011-0212 Resolution to approve bid of Musson Brothers, Inc. for sump pump installation and sanitary lateral rehabilitation on private property in the location from S. 72nd Street to S. 76th Street and West Beloit Rd. to W. Jackson Dr. Sponsors: Public Works Committee Attachments: 2011-18 BID RESULTS.pdf Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 29. O-2011-0070 An Ordinance to Establish Parking Restrictions on the North Side of the 7000 Block of W. National Ave., from S. 70 St. to S. 71 St. Sponsors: Kopplin 30. 2011-0587 Petition submitted by residents of 2184-2200 S. 90 Street requesting a 2-hour parking restriction on the north side of Grant Street to the corner of 90 Street and Grant St. (approximately 60 feet). 31. O-2011-0071 An Ordinance to Establish Parking Restrictions on the North Side of the West 65 Feet of the 8900 Block of W. Grant St. Sponsors: Lajsic 32. 2011-0571 Diane E. Sobczak communication requesting the amount of temporary banners allowed in a year be increased. Attachments: Diane Sobczak communication.pdf City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes October 4, 2011 33. 2011-0579 Special Use Permit for Serenity Martial Arts, a proposed business to be located at 1412 S. 72 St. within the mixed use building at 7139-7149 W. Greenfield Ave. and 1410-1412 S. 72 St. Held in Safety & Development Committee during recess. 34. R-2011-0213 Resolution relative to determination of Special Use Permit for Iglesia de Dios, a proposed religious institution to be located at 5401 W. Burnham St. Sponsors: Safety & Development Committee 35. 2011-0577 Special Use Permit for Iglesia de Dios, a proposed religious institution to be located at 5401 W. Burnham St. 36. R-2011-0211 Resolution relative to determination of Special Use Permit for J.J. Chen's Eatery, a restaurant to be located at 10722 W. Oklahoma Ave. Sponsors: Safety & Development Committee 37. 2011-0585 Special Use Permit for J.J. Chen's Eatery, a restaurant to be located at 10722 W. Oklahoma Ave. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 LICENSE & HEALTH COMMITTEE 38. 2011-0583 Stipulation In the Matter of the Complaint Against International Development, LLC, Joshua Jay Johnson, Agent, d/b/a Hero's Sports Pub & Grill at 9105 W. Lincoln Ave. Attachments: 2011-0583.pdf 39. 2011-0581 2011-2012 Class B Beer and Wine License application(s). License application nos. 7, 8 and 9 granted with alcohol sales and service ending at 11 p.m. 40. 2011-0575 Tavern Operator License applications. 2011-2012 License application nos. 331-333, 336-338, and 340 granted. 2011-2013 License application nos. 393 and 395-402 granted. 41. 2011-0580 2011-2012 Tavern Operator License application no. 12-334 of Amber D. Trucke. City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes October 4, 2011 42. 2011-0578 2011-2012 Tavern Operator License application no. 12-330 of Megan S. Noonan. 44. 2011-0572 2011-2012 Class B Tavern License appl. no. 1812 of Stumble Inn Pub, LLC, Jason Collins, Agent, d/b/a Stumble Inn Pub located at 6404 W. National Avenue (new-existing location). 45. 2011-0584 Communication from Assistant City Attorney regarding non-payment of personal property taxes, real estate taxes and NSF fees for West Allis Liquor & Tobacco. Held in License & Health Committee during recess. 46. 2011-0565 Police Department Report regarding August 29, 2011 Alcohol Compliance Check involving ten (10) West Allis businesses, resulting with one (1) selling alcohol to an underage person without requesting identification (2011-2012 Combination Class A Liquor License no. 1080 of Dilneet Corporation, Rupinder K. Randhawa, Agent, d/b/a West Allis Liquor & Tobacco, 7218 W. Greenfield Ave.). Held in License & Health Committee during recess. 47. 2011-0545 2011-2012 Tavern Operator License application no. 12-329 of Sarah R. Powless. based on two (2) nonappearances 48. 2011-0576 Summons and Complaint in the matter of the complaint against Susan M. Morgese 2011-2013 Tavern Operator License renewal application no. 13-160. Attachments: 2011-0576.pdf 2011-0576 Oct. 4 Summons.pdf 49. 2011-0325 2011-2013 Tavern Operator License renewal application no. 13-160 of Susan M. Morgese. 50. 2011-0469 2011-2012 Class B Tavern License application no. 1802 of Corvina Wine Company, LLC, Joseph C. La Susa, Agent, d/b/a Corvina Wine Company for premises located at 6038 W. Lincoln Ave. (new-nonexisting location). 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 43. 2011-0582 2011-2013 Tavern Operator License application no. 13-394 of Andrew J. Jacobsen. Aye: 7- Barczak, Kopplin, Lajsic, Narlock, Roadt, Sengstock, and Vitale No: 3- Czaplewski, Reinke, and Weigel City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes October 4, 2011 ADVISORY COMMITTEE 51. 2011-0588 Notification by Mayor Devine of reappointments to the Downtown West Allis Business Improvement District of Jackie Ellington, Don Falk, Stephanie Halfmann, and Tom Miller, their terms to expire October 10, 2014. 52. 2011-0589 Notification of reappointments to the West Allis Community Improvement Foundation, Inc. 53. 2011-0590 Reappointment by Mayor Devine of Sr. Paula Marie Jarosz as a member of the West Allis Block Grant Committee, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, her two-year term to expire September 1, 2013. 54. 2011-0591 Reappointment by Mayor Devine of Frederick Kuolt as a member of the West Allis Block Grant 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 September 1, 2013. 55. 2011-0592 Reappointments by Mayor Devine to the West Allis Block Grant Committee of Michael May and Harold Mester, their two-year terms to expire September 1, 2013. 56. 2011-0593 Reappointment by Mayor Devine of John Klose, Jr. as a member of the West Allis Board of Review, his five-year term to expire August 21, 2016. 57. 2011-0594 Reappointment by Mayor Devine of Phyllis Steiner as a member of the West Allis Board of Review, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, her five-year term to expire August 21, 2016. 58. 2011-0595 Reappointments by Mayor Devine to the West Allis Property Maintenance Code Appeals Board of Steve Feuling, Carol Garrison, and Don Kosiboski, their two-year terms to expire September 1, 2013. Passed The Block Vote Aye: 10 - Barczak, Czaplewski, Kopplin, Lajsic, Narlock, Reinke, Roadt, Sengstock, Vitale, and Weigel No: 0 City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes October 4, 2011 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 9:00 p.m., with the next regularly scheduled meeting to be held on October 18, 2011, 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 10 Printed on 12/21/2018