Common Council

City of West Allis Meeting Minutes Common Council Mayor Dan Devine, Chair Alderperson Thomas G. Lajsic, Council President Alderpersons: Gary T. Barczak, Michael J. Czaplewski, Michael P. May, Cathleen M. Probst, Rosalie L. Reinke, Daniel J. Roadt, James W. Sengstock, Vincent Vitale, and Martin J. Weigel Tuesday, March 19, 2013 7:00 PM City Hall Common 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 8- Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel Excused 2- Ald. Barczak, and Sengstock C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Czaplewski. D. PUBLIC HEARINGS 1. R-2013-0064 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of S. 77 St. from W. Arthur Ave. to W. Beloit Rd., S. 78 St. from W. Lincoln Ave. to W. Arthur Ave., S. 79 St. from W. Lincoln Ave. to W. Arthur Ave., S. 80 St. from W. Hayes Ave. to W. Arthur Ave., and S. 81 St. from 300 feet south of W. Lincoln Ave. to W. Arthur Ave. Sponsors: Public Works Committee Explanation by Peter Daniels, Principal Engineer. Appearances: Pamela Long, 2470 S. 81 St., opposed the project, said the street looks fine, and requested deferment until the economy is better. Dave Zettner, 2344 S. 78 St., asked where the percentage rate comes from, and if the church is being assessed. Ivan Barton, 2334 S. 78 St, commented on cracking of the improved alley, and asked about the lifespan of the paving job and the improvement process. Linda Kutka, 2400 S. 78 St., asked if work will be done on Hayes, if the materials will be recycled, about street closure, parking, and tarring. Leah Taubmann, 2429 S. 79 St., asked about the street photos, and timing of the project City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes March 19, 2013 because of the close proximity to the park being concerned about safety and parking. Tim Hertel, 2423 S. 78 St., commented on the condition of the street, and asked about past data and average return. Collette Bien, 2586 S. 77 St., commented on diverted traffic, and asked about asphalt strengthening, hours of demolition and construction schedule. John Jensen, 8029 W. Hayes, asked about future assessment charges. Ron Strothman, 2524 S. 77 St., asked about the bid process and the duration of the project. A second Roll Call was taken to reflect Ald. Barczak present at this time. Present 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel Excused 1- Sengstock 2. O-2013-0015 Ordinance to amend various sections of the Zoning Chapter of the Revised Municipal Code relative to establishing certain permitted and special uses and required conditions for commercial animal related uses including veterinary and small animal clinics, pet shops, animal shelters/kennels, and animal grooming facilities for the holding and care of animals within Sections 12.40(2) special uses of the Central Business District, 12.41(1) and (2) permitted and special uses of the Neighborhood Commercial District, 12.42(1) and (2) permitted and special uses of the Community Commercial District and 12.43(2) special uses of the Regional Commercial District. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: Janine Markowki, W346 S3158 Holland Ct, Oconomowoc, said she is interested in opening a kennel, but that it is unreasonable to not have a run. 3. R-2013-0069 Resolution relative to determination of Special Use Permit to establish a school, Victory Christian Academy, within the former St. Rita's School building located at 6021 W. Lincoln Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: Don Rogers, 2121 W. Wisconsin Ave., addressed the voucher school proposal. Nathan Powers, 411 E. Wisconsin Ave., assisted with leasing negotiations, and addressed landscaping issues and requested time. Robert Braun, 2160 S. 86 St., supported the proposal. City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes March 19, 2013 E. CITIZEN PARTICIPATION Violet Braun, 2160 S. 86 St., said that she was disappointed about not being allowed into a fundraiser. Robert Braun, 2160 S. 86 St., commented on various issues and concerns regarding different levels of government and their officials. 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 commented on the house fire in West Allis, and thanked all city departments involved. He congratulated the firefighters who participated in the American Lung Association's 2013 Stair Climb. He reminded everyone about the Community Dinner Dance and the St. Baldrick's event. He reported on the Career Fair event at West Allis Central. Alderpersons Comments Ald. May commented on the meeting for residents regarding the zoo interchange project, and the Pancake Breakfast by Friends of LaFollette Park and an egg hunt. Ald. Probst announced the next listening session for the second aldermanic district, reported on the Strategic Planning Committee, and addressed the pro-life voting record of Mr. Staskunas. H. AGENDA APPROVAL that the agenda as submitted be accepted I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of March 5, 2013 J. ITEMS NOT REFERRED TO COMMITTEE 4. 2013-0140 Report of the Municipal Judge for the month of February 2013, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $281,504.51. Attachments: Mun Judge Report February 2013.pdf 5. 2013-0141 Summons and Complaint in the matter of Gerald W. Bohmann vs City of West Allis, et al, Case No. 13CV000467. City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes March 19, 2013 6. 2013-0142 Notice of Injury submitted on behalf of Heather Justham relative to injury allegedly sustained at the intersection of S. 84 Street and W. Becher St. on December 18, 2012. 7. 2013-0144 Mary Bonakoske communication regarding injuries allegedly sustained at 8822 W. Lincoln Ave. on November 4, 2012. 8. 2013-0145 Germantown Mutual Insurance Company submitted on behalf of Katherine O'Rourke regarding vehicle damages allegedly sustained at S. 117 Street and W. Lincoln Avenue on February 22, 2013. Claim No. 1300607. 9. 2013-0146 Notice of Injury and Claim for Damages submitted by Robin Krueger regarding injuries and damages allegedly sustained at Froedtert Memorial Hospital on November 8, 2012. 10. 2013-0153 Eric Reed communication regarding vehicle damages allegedly sustained at S. 54 Street and W. Rogers Street on February 26, 2013 Passed The Block Vote K. STANDING COMMITTEE REPORTS None. L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 8:11 p.m. Upon returning from recess at 9:02 p.m., and the roll call being taken, there were: Present 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel Excused 1- Sengstock M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 11. R-2013-0066 Resolution relative to accepting the sole source proposal of ProPhoenix Corporation to provide Wireless Digital Assistance software for a total net sum of $28,800.00. Sponsors: Administration & Finance Committee Attachments: 1188 Wireless Digital Asst. Lic sole source letter.pdf City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes March 19, 2013 12. R-2013-0067 Resolution relative to approving an Agreement with Key Benefit Concepts for completion of a subsequent study on the Other Post Employee Benefit (OPEB) Valuation in an amount not to exceed $8,000. Sponsors: Administration & Finance Committee 13. R-2013-0068 Resolution relative to approving 2012 Transfers, Carryovers, Open Purchase Orders, Capital Accumulation Charges, and Negative Department Balances. Sponsors: Administration & Finance Committee Attachments: 2012 Carryovers.pdf Held in Administration & Finance Committee during recess. 14. 2013-0143 Comptroller/Manager of Finance submitting the reports for the 4th Quarter of 2012, indicating City of West Allis checks issued in the amounts of $1,725,433.04 for October, $3,362,790.68 for November and $1,930,222.47 in December. Attachments: Oct part 1.pdf Oct part 2.pdf Nov 2012.pdf Dec 2012.pdf 15. 2013-0152 Communication from the Community Development Manager requesting approval for the mini re-organization plan regarding the Principal Secretary and the Planner II positions. Attachments: Mini Re-org - Principal Secr & Planner II (3-13-13).pdf City Attorney Claim Report 16. 2006-0001 O'Dess and Associates, S.C. communication regarding Summons and Complaint in the matter of Bayview Loan Servicing, LLC vs. City of West Allis, et al. 17. 2007-0116 Summons & Complaint in the matter of WM Specialty Mortgage, LLC, vs. the City of West Allis Department of Development, et al. 18. 2012-0137 Amended Summons and Complaint in the matter of Wells Fargo Bank, N.A., vs Sharon A. Wirth, et al, regarding foreclosure of mortgage, Case No. 30404. 19. 2013-0111 Abraham Herrada communication regarding damages allegedly sustained on December 31, 2012. and Placed on File Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes March 19, 2013 PUBLIC WORKS COMMITTEE 20. R-2013-0061 Resolution Granting a Privilege for Encroachment (Major) to Karen D. Schoenfeld for property located at 9411-27 West Greenfield Avenue (Tax Key No. 450-0022-001). Sponsors: Public Works Committee 21. R-2013-0070 Resolution Approving the Emergency Repairs at the Water Reservoir payable to Rodney Hunt - Fontaine, Ltd. in an amount not to exceed $50,000. Sponsors: Public Works Committee Held in Public Works Committee during recess. 22. R-2013-0064 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of S. 77 St. from W. Arthur Ave. to W. Beloit Rd., S. 78 St. from W. Lincoln Ave. to W. Arthur Ave., S. 79 St. from W. Lincoln Ave. to W. Arthur Ave., S. 80 St. from W. Hayes Ave. to W. Arthur Ave., and S. 81 St. from 300 feet south of W. Lincoln Ave. to W. Arthur Ave. Sponsors: Public Works Committee 23. R-2013-0065 Final Resolution authorizing public improvement by minor asphalt resurfacing, miscellaneous sidewalk repair, miscellaneous driveway repair, sanitary sewer relay and utility adjustments in S. 77 St. from W. Arthur Ave. to W. Beloit Rd., S. 78 St. from W. Lincoln Ave. to W. Arthur Ave., S. 79 St. from W. Lincoln Ave. to W. Arthur Ave., S. 80 St. from W. Hayes Ave. to W. Arthur Ave., and S. 81 St. from 300 feet south of W. Lincoln Ave. to W. Arthur Ave. and levying special assessments against benefited properties. Sponsors: Public Works Committee Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 24. 2013-0150 Special Use Permit for Jessyca's Body Shop, a proposed personal training business, to be located at 10617 W. Oklahoma Ave. Held in Safety & Development Committee during recess. City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes March 19, 2013 25. R-2013-0058 Resolution relative to determination of Special Use Permit for Sammy's Taste of Chicago, a restaurant, proposed to be located at 1234 S. 108 St. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. 26. 2013-0098 Special Use Permit for Sammy's Taste of Chicago, a restaurant, proposed to be located at 1234 S. 108 St. Held in Safety & Development Committee during recess. 27. 2012-0544 Communication from Downtown West Allis, Inc. Business Improvement District asking for pet stores, selling small pets, such as birds, reptiles, hamsters, etc. to be allowed in the C-1 District. Attachments: Dwntwn WA BID communication.pdf Held in Safety & Development Committee during recess. 28. O-2013-0015 Ordinance to amend various sections of the Zoning Chapter of the Revised Municipal Code relative to establishing certain permitted and special uses and required conditions for commercial animal related uses including veterinary and small animal clinics, pet shops, animal shelters/kennels, and animal grooming facilities for the holding and care of animals within Sections 12.40(2) special uses of the Central Business District, 12.41(1) and (2) permitted and special uses of the Neighborhood Commercial District, 12.42(1) and (2) permitted and special uses of the Community Commercial District and 12.43(2) special uses of the Regional Commercial District. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. 29. R-2013-0069 Resolution relative to determination of Special Use Permit to establish a school, Victory Christian Academy, within the former St. Rita's School building located at 6021 W. Lincoln Ave. Sponsors: Safety & Development Committee 30. 2013-0114 Special Use Permit to establish a school, Victory Christian Academy, within the former St. Rita's School building located at 6021 W. Lincoln Ave. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes March 19, 2013 LICENSE & HEALTH COMMITTEE 31. O-2013-0014 Ordinance to Repeal and Recreate Subsection 9.02(4) of the City of West Allis Revised Municipal Code Relating to Description of Premises and Plan of Operation; to Create Subsection 9.02(4m) of the Revised Municipal Code Relating to the Truth of Statements Made in Alcohol Beverage License Applications; to Amend Subsection 9.02(10) of the Revised Municipal Code Relating to the Numbering, Expiration, and Posting of Licenses; to Repeal and Recreate Subsection 9.02(16) of the Revised Municipal Code Relating to Operator's Licenses; and to Repeal and Recreate Subsection 9.02(20) of the Revised Municipal Code Relating to the Suspension, Revocation, and Nonrenewal of Alcohol Beverage Licenses. Sponsors: License & Health Committee Held in License & Health Committee during recess. 32. R-2013-0063 Resolution Creating a Detailed Table of Contents for Section 9.02 of the City of West Allis Revised Municipal Code Relating to Alcoholic Beverages. Sponsors: License & Health Committee Held in License & Health Committee during recess. 33. 2013-0139 2013-2014 Used Vehicle Dealer License application(s). License application nos. 26, 29, 33, 258, 272, 276, 278, 976, 1042, 1044-1046, 1048, 1203, 1516, 1639, and 1817 granted. 34. 2013-0138 2012-2013 Special Instrumental Music Permit appl. no. 7 of Dale J. Zbieranek, Agent, d/b/a Barneks, 7411 W. Becher St. (2012-2013 Class B Tavern License no. 1060 and Dance Hall License no. 1062) for an event on Friday, April 5, 2013. 35. 2013-0154 2012-2013 Special Class B Beer and Wine License application(s). License application no. 24 granted. 36. 2013-0119 Tavern Operator License applications. 2012-2013 License application nos. 602-604 and 606 granted. 2012-2014 License application nos. 250-257 granted. 37. 2013-0149 Police Department report regarding tavern violations/call for service for February 2013. Attachments: PD Report February 2013.pdf 38. 2013-0147 Police Department Report involving Las Palmas, 1901 S. 60 St. (2012-2013 Class B Tavern License no. 1541, Dance Hall License no. 1543 and Instrumental Music License no. 1544 of ARH Enterprises, LLC, Hugo J. Juarez, Agent, Incident Date: February 4, 2013). Held in License & Health Committee during recess. City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes March 19, 2013 39. 2013-0148 Police Department Report involving Jilly Beans, 9524 W. Greenfield Ave. (2012-2013 Class B Tavern License no. 1701, Dance Hall License no. 1702, and Instrumental Music License no. 1700 of Sportz Medicine, LLC, John J. Biwer, Agent, Incident Date: February 20, 2013). Held in License & Health Committee during recess. 40. 2013-0121 2012-2013 Class B Tavern License application no. 1946 of Double Dragon of West Allis, LLC, Peter H. Leong, Agent, d/b/a Double Dragon Restaurant, for premises located at 3411 S. 108 Street. (new-existing location). 41. 2013-0123 2012-2013 Class B Tavern License application no. 1945 of Bon Appetito of West Allis, Inc., Michael P. Martello, Agent, d/b/a Mexi-Italian Café, for premises located at 1126 S. 70 St., Suites 106C (new-nonexisting location). based on municipal quota 42. 2013-0122 Application of Transfer of License from Premises to Premises of 2012-2013 Class A Beer License no. 905 of Sharif Ali Corp., Noorali Manjee, Agent, d/b/a Dino's Food Mart, and Beechers Quick Stop Shop LLC, Charline S. Hart, Agent, d/b/a The Corner Spot, from 9127 W. Lincoln Avenue to 2079 S. 69 St. 43. 2013-0134 2012-2013 Class A Beer License application no. 1944 of Beechers Quick Stop Shop LLC, Charline S. Hart, Agent, d/b/a The Corner Spot, for premises located at 2079 S. 69 St. (new-nonexisting location). 44. 2013-0055 Summons and Complaint in the matter of the complaint against D&G Investments, LLC, Thaddeus J. Derynda and Bernie Gallas (Partners), for premises located at 10401 W. Greenfield Ave., d/b/a Mobile Estates of West Allis (2011-2012, 2012-2013 Mobile Home Park License renewal applications no. 290). Attachments: D&G Invstmnts, LLC Summons.2-19-13.pdf D&G Investments, LLC.Complaint.2-19-13.pdf Held in License & Health Committee during recess. 45. 2013-0054 Communication from Assistant City Attorney regarding Notice of Error in Name of Licensee for D&G Investments, LLC, Thaddeus J. Derynda and Bernie Gallas (Partners), (d/b/a Mobile Estates of West Allis at 10401 W. Greenfield Ave., Mobile Home Park License application no. 290). Held in License & Health Committee during recess. 46. 2012-0512 Director of Building Inspections and Neighborhood Services communication regarding the 2011-2012 and 2012-2013 Mobile Home Park License, D&G Investments, Thaddeus J. Derynda and Bernie Gallas (Partners), d/b/a Mobile Estates of West Allis at 10401 W. Greenfield Ave. Attachments: BINS Comm. 10401 W. Greenfield Ave..pdf Held in License & Health Committee during recess. City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes March 19, 2013 47. 2013-0038 2013-2014 Used Vehicle Dealer License application no. 1933 of McAdams Car Co., Inc., David R. Matuszczak, Agent, d/b/a McAdams Car Co., Inc., for premises located at 7623 W. Greenfield Ave. subject to the necessary requirement(s) Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 ADVISORY COMMITTEE 48. 2013-0151 Communication from the Director of Development requesting approval for the destruction of obsolete public records in the Department of Development and Housing Office. Attachments: CC-CDBG-DestroyRecordsReq (3-14-13).pdf A motion was made by Ald. Reinke, seconded by Ald. Lajsic, that this matter be approved. A motion was made by Ald. May, seconded by Ald. Lajsic, that this matter be Amended to keep TIF documents that are open or active. The motion carried by the following vote: Aye: 9 - Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale and Ald. Weigel No: 0 to keep TIF documents that are open or active. Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 49. R-2013-0054 Resolution establishing the City of West Allis Legislative Package for the 2013-2014 State of Wisconsin Legislative Session. Sponsors: Advisory Committee Attachments: 2013-14 CWA LegPkg.pdf Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. 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 19, 2013 O. ADJOURNMENT to adjourn at 9:11 p.m., with the next regularly scheduled meeting to be held on April 2, 2013, 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