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, September 3, 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 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel Excused 1- Ald. Lajsic C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Barczak. D. PUBLIC HEARINGS None. E. CITIZEN PARTICIPATION John O'Hara, 2319 S. 55 St., asked for an ordinance amendment relative to alley parking. Robert Braun, 2160 S. 86 St., commented on alley parking, on a court case and cost, and Syria. 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. MAYOR'S REPORT Mayor Devine reported on the success of the Wisconsin State Fair, and thanked the neighboring law enforcement agencies. He congratulated the West Allis Fire Department on their reaccreditation, and he reminded everyone to drive carefully since school is back in session. City of West Allis Page 1 Printed on 12/21/2018 Common Council Meeting Minutes September 3, 2013 H. ALDERPERSON'S REPORT Ald. May announced Friends of LaFollette Park Music in the Park. Ald. Weigel commented on the amount raised during State Fair parking for the local Booster Clubs, and he thanked those who helped. He announced Forks and Corks. Ald. Probst reported on her ride along, and she thanked the Department of Public Works. She commented on neighborhood and landlord responsibility. A motion was made Ald. Sengstock, seconded by Ald. Reinke, that the agenda be approved as amended with item nos. 33 and 34 be held in closed session. The motion carried unanimously. I. APPROVAL OF MINUTES to approve the minutes of the regular meeting of August 6, 2013 J. ITEMS NOT REFERRED TO COMMITTEE 1. 2013-0533 List of individuals, businesses, and locations in West Allis selected by the West Allis Beautification Committee to receive Proclamation of Commendation for Attractive Property. Attachments: CC LTR.PropBeau Winners 2013.pdf 2. 2013-0534 List of individuals and locations in West Allis selected by the West Allis Beautification Committee to receive Proclamation of Commendation for Most Patriotic Property. Attachments: CC Ltr.Patriotic Winners 2013.pdf 3. 2013-0494 Report of the Municipal Judge for the month of July 2013, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $123,0122.22. Attachments: Municipal Judge Report.July 2013.pdf 4. 2013-0506 James Altstadt communication regarding vehicle damages allegedly sustained on S. 108 St. and W. Mitchell St. on August 5, 2013. 5. 2013-0524 Joseph & Chris Mueller communication regarding injuries allegedly sustained in the 8100 block of W. Greenfield Ave. on August 8, 2013. 6. 2013-0525 Summons and Complaint in the matter of Trust of Eileen Jezo, Jenny Jezo vs City of West Allis, et al, Case No. 13CV004940. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 K. STANDING COMMITTEE REPORTS LICENSE & HEALTH COMMITTEE City of West Allis Page 2 Printed on 12/21/2018 Common Council Meeting Minutes September 3, 2013 7. 2013-0461 Police Department Report involving Flappers, 7527 W. Becher St. (2013-2014 Class B Tavern License no. 797 of Rodeo Grill, LLC, Mark S. Silber, Agent, Incident Date: June 9, 2013). 8. 2013-0463 Police Department Report involving The Draft, 9105 W. Lincoln Ave. (2013-2014 Class B Tavern License no. 1821, Dance Hall License no. 1823 and Instrumental Music Dance Hall License no. 1822 of The Draft LLC, Paula K. Johnson, Agent, Incident Date: June 23, 2013). 9. 2013-0495 2013-2015 Operator's License (bartender/sales clerk) application no. 15-317 of Matthew S. Elich. 10. 2013-0498 2013-2015 Operator's License (bartender/sales clerk) application no. 15-325 of Benjamin D. Marcin. 11. 2013-0499 2013-2015 Operator's License (bartender/sales clerk) application no. 15-326 of Gregory R. Moriarity. 12. 2013-0500 2013-2014 Operator's License (bartender/sales clerk) application no. 14-305 of Nicole M. Shindel. 13. 2013-0501 2013-2014 Operator's License (bartender/sales clerk) application no. 14-310 of Richard J. Vernon, Jr. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 L. COMMON COUNCIL RECESS that the Council recess until completion of Committee meetings Thereupon, the Council took a recess at 7:26 p.m. Upon returning from recess at 9:17 p.m., and the roll call being taken, there were: Present 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel Excused 1- Ald. Lajsic M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 14. R-2013-0178 Resolution requesting the transfer of $5,000 from the City's Contingency Fund to the City Attorney's Litigation Account. Sponsors: Administration & Finance Committee 15. R-2013-0187 Resolution approving the terms & conditions for an Economic Development Loan to Commercial Bargains, Inc. under the Department of Housing and Urban Development Community Development Block Grant Program in an amount not to exceed $50,000. Sponsors: Administration & Finance Committee City of West Allis Page 3 Printed on 12/21/2018 Common Council Meeting Minutes September 3, 2013 16. R-2013-0184 Resolution relative to adopting a new policy on a Vehicle Rental Program (VRP). Sponsors: May and Probst Attachments: Vehicle Rental Prog Policy.pdf Held in Administration & Finance Committee during recess. 17. R-2013-0185 Resolution relative to adopting a new policy on Workplace Communications. Sponsors: Administration & Finance Committee Attachments: Workplace Communications Policy.pdf 18. 2013-0535 Comptroller/Manager of Finance submitting the City of West Allis Comprehensive Annual Financial Report for the year ended December 31, 2012 for review and approval. Attachments: 2012 Comprenensive Annual Financial Report.pdf Held in Administration & Finance Committee during recess. 19. 2013-0538 Comptroller/Manager of Finance submitting the unaudited Financial Report Summary as of July 31, 2013. Attachments: Unaudited Financials July 31, 2013.pdf 20. 2013-0531 Communication from City Administrative Officer regarding request to fill the vacant position of Municipal Library Janitor at the Public Library. 21. 2013-0532 Communication from City Administrative Officer regarding Program to Award Performance Allowances to Certain City Employees. Attachments: MCC.PerformanceAllowances.0813.pdf 22. 2007-0497 WE Energies communication regarding property damage allegedly sustained at 7402 W. Lincoln Ave. on July 12, 2007. 23. 2013-0225 Allstate Property & Casualty Insurance Company communication submitted on behalf of Donna Wilson regarding vehicle damages allegedly sustained at 2471 S. 79 St., on March 5, 2013. City of West Allis Page 4 Printed on 12/21/2018 Common Council Meeting Minutes September 3, 2013 24. 2013-0267 Amended Summons and Complaint in the matter of JP Morgan Chase Bank, National Association vs Ana E. Hernandez, et al, regarding foreclosure of mortgage, Case No. 13-CV-004021. 25. 2013-0341 Sarah Gavin communication regarding vehicle damages allegedly sustained at the corner of S. 76 St and W. Becher St. on May 17, 2013. 26. 2007-0642 Patrick Krzyzewski communication regarding vehicle damage allegedly sustained at South 76 Street and West Lincoln Avenue on June 25, 2007. 27. 2013-0481 Heather Kuehn communication regarding vehicle damages allegedly sustained at S. 110 Street and W. Oklahoma Avenue on July 17, 2013. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 PUBLIC WORKS COMMITTEE 28. 2013-0536 2013-2014 Class B Tavern Special Event Permit application no. 13 of L.P. Blue-B-Q & Brew, LLC, Lauri Ann Purcell, Agent, d/b/a The Blue-B-Q & Brew @ Tanner Paull, 6922 W. Orchard St., (2013-2014 Class B Tavern License no. 1918, Instrumental Music License no. 1919 and Dance Hall License no. 1920) for 3rd Annual End of Summer Bash Blues & BBQ Festival & Grand Opening to be held on Saturday, October 5, 2013 from Noon to 11:00 p.m. (Food, tent and outdoor music. Temporary extension request includes portion of the alley.). 1st application for 2013-2014 license year. 29. R-2013-0177 Resolution amending the professional services contract with AECOM to provide consulting services relative to compliance with DNR NR216 for submitting a City-wide WinSLAMM Analysis report for a sum not to exceed $16,435. Sponsors: Public Works Committee Attachments: R-2013-0177 Agreement.pdf 30. R-2013-0180 Resolution to approve bid of LaLonde Contractors, Inc. for construction of an asphalt parking lot, concrete curb and gutter, storm sewer, pavement marking, landscaping and utility adjustments in the Chalet Parking Lot located at 6215 W. National Avenue in the City of West Allis in the amount of $185,860.90. Sponsors: Public Works Committee Held in Public Works Committee during recess. City of West Allis Page 5 Printed on 12/21/2018 Common Council Meeting Minutes September 3, 2013 31. R-2013-0181 Resolution to approve bid of State Contractors, Inc. for the replacement or repair of concrete sidewalk in the general area bounded by S. 76 St. and S. 108 St.; W. Cleveland Ave. to W. Oklahoma Avenue in the amount of $102,841.00. Sponsors: Public Works Committee 32. R-2013-0183 Resolution to approve bid of Vinton Construction, Inc. for installation of sanitary sewer relay and sanitary sewer spot relay in various locations within the City of West Allis in the amount of $518,165.75. Sponsors: Public Works Committee 33. R-2013-0190 Resolution reauthorizing the Director of Development to negotiate the sale of public lands located in the City of West Allis at 8** S. 72 St. (Tax Key No. 440-0004-001), 1000 S. 72 St. (Tax Key No. 440-0213-003) and 10** S. 72 St. (Tax Key No. 440-0213-002) to the School District of West Allis-West Milwaukee, et. al. Sponsors: Public Works Committee 34. R-2013-0191 Resolution reauthorizing the Director of Development to negotiate the sale of approximately 14.52 acres of public land located at 11301 W. Lincoln Avenue (a portion of Tax Key No. 484-9995-004) to the School District of West Allis-West Milwaukee, et. al. Sponsors: Public Works Committee 35. 2013-0526 Communication from Director of Public Works/City Engineer regarding an appeal of a driveway approach denial. Attachments: COMM-2013-0526.pdf 36. 2013-0530 Communication from Director of Public Works/City Engineer regarding 2014 Capital Improvement Program. Attachments: 2013-0530 MEMORANDUM 2014 CIP.pdf 2013-0530 Capital Projects 2014.pdf 2013-0530 2014cip.pdf 37. 2013-0537 Communication from Director of Public Works/City Engineer regarding 2014 Special Assessment Rates. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE City of West Allis Page 6 Printed on 12/21/2018 Common Council Meeting Minutes September 3, 2013 38. R-2013-0186 Resolution approving the termination of the Development Agreement and release of Memorandum of Agreement between the City of West Allis and Summit Place, LLC relative to the property located at 901 S. 70th St. Sponsors: Safety & Development Committee 39. R-2013-0189 Resolution authorizing a Memorandum of Understanding by and between the Community Development Authority of the City of West Allis and Wangard Partners, Inc. for the former Yellow Freight Terminal properties located at 11406 and 11528 W. Rogers St. Sponsors: Safety & Development Committee 40. R-2013-0193 Resolution approving the Cooperation Agreement by and between the City of West Allis and the Community Development Authority of the City of West Allis, for the City's administration of a $127,000 Wisconsin Economic Development Corporation (WEDC) Site Assessment Grant (SAG) for 11406 W. Rogers St. Sponsors: Safety & Development Committee Attachments: Cooperation Agreement - Signed 41. R-2013-0192 Resolution authorizing the Director of Development to enter into an amended contract relative to general acquisition and relocation services with Single Source, Inc. in a total amount not to exceed $10,000.00. Sponsors: Safety & Development Committee 42. R-2013-0188 Resolution approving the Project Area Boundaries and Redevelopment Plan for the 116th & Rogers Redevelopment Area, and declaring such area to be a blighted area in need of a redevelopment project Sponsors: Safety & Development Committee Passed The Block Vote Aye: 8- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Sengstock, Ald. Vitale, and Ald. Weigel No: 1- Ald. Roadt LICENSE & HEALTH COMMITTEE 43. 2013-0496 Mega Marts, LLC communication regarding notice of change of liquor agent to Adam Rogge at Pick 'n Save #6846 located at 2625 S. 108 St. (2013-2014 Combination Class A Liquor License no. 1087). Attachments: COM. Pick n Save appt. of agent.9-3-13.pdf City of West Allis Page 7 Printed on 12/21/2018 Common Council Meeting Minutes September 3, 2013 44. 2013-0497 2013-2014 Special Class B Beer and Wine License application no. 8 for West Milwaukee Lions Club, 5901 W. National Ave., for Oktoberfest/Festival with music and food on Saturday, September 28, 2013 from 3:00 pm to 11:00 pm and Sunday, September 29, 2013 from Noon to 7:00 pm. 45. 2013-0523 2013-2014 Special Class B Beer and Wine License application(s). License application no. 7 granted. 46. 2013-0521 2013-2014 Class B Tavern Special Event Permit application no. 11 of Kip's Inn, Inc., Gina M. Jaeckel, Agent, d/b/a Kip's Inn, 837 S. 108 St. (2013-2014 Class B Tavern License no. 768, Instrumental Music License no. 771 and Dance Hall License no. 1652) for Fund Raiser, to be held Sunday, September 22, 2013, from 11:00 a.m. to 9:00 p.m. 1st application for 2013-2014 license year. 47. 2013-0522 2013-2014 Class B Tavern Special Event Permit application no. 12 of Kip's Inn, Inc., Gina M. Jaeckel, Agent, d/b/a Kip's Inn, 837 S. 108 St. (2013-2014 Class B Tavern License no. 768, Instrumental Music License no. 771 and Dance Hall License no. 1652) for Fund Raiser, to be held Sunday, October 6, 2013, from 11:00 a.m. to 9:00 p.m. 2nd application for 2013-2014 license year. 48. 2013-0529 2013-2014 Adult-Oriented Establishment Operator Permit application(s). License application no. 2002 granted. 49. 2013-0505 Operator's License (bartender/sales clerk) applications. 2013-2014 License application nos. 311-313 granted. 2013-2015 License application nos. 328-335, 338 & 340 granted. 50. 2013-0528 2013-2015 Operator's License (bartender/sales clerk) application no. 15-336 of Andrew J. Kaluzny. Held in License & Health Committee during recess. 51. 2013-0527 2013-2014 Operator's License (bartender/sales clerk) application no. 14-308 of Jonathan G. Rengstorf. Held in License & Health Committee during recess. 52. 2013-0502 Police Department report regarding tavern violations/calls for service for the month of July 2013. Attachments: Tavern Violations July 2013.pdf 53. 2013-0504 Police Department Report involving Studz Pub, 6833 W. National Ave. (2013-2014 Class B Tavern license no. 1867 of DTR Enterprises, LLC, Dean T. Ratas, Agent, Incident Date: July 15, 2013). Held in License & Health Committee during recess. City of West Allis Page 8 Printed on 12/21/2018 Common Council Meeting Minutes September 3, 2013 54. 2013-0460 Police Department Report involving Double Barrel Saloon, 1100 S. 60 St. (2013-2014 Class B Tavern License no. 1524, Dance Hall License no. 1526 and Instrumental Music License no. 1525, of SYRE Enterprises, LLC, Andrew M. Lomax, Agent, Incident Date: June 2, 2013). 55. 2013-0462 Police Department Report involving GR's National Pub, 6827 W. National Ave. (2013-2014 Class B Tavern License no. 1613, Dance Hall License no. 1615 and Instrumental Music License No. 1614 of Guy M. Robb, LLC, Guy M. Robb, Agent, Incident Date: June 9, 2013). 56. 2013-0464 Police Department Reporting involving Barneks, 7411 W. Becher St., (2013-2014 Class B Tavern License no. 1060, and Dance Hall license no. 1062 of Dale J. Zbieranek, Incident Date: June 23, 2013). 57. 2013-0465 Police Department Report involving Mugshotz, 1902 S. 68 St. (2013-2014 Class B Tavern License no. 1806, of 1902 S. 68th St., LLC, Kristie L. Schilling, Agent, Incident Date: June 30, 2013). 58. 2013-0441 2013-2014 Tavern Operator License application no. 14-293 of Julie A. Shufelt. 59. 2013-0520 Communication from Assistant City Attorney regarding failure to follow the terms of the payment agreement for delinquent 2012 real estate and personal property taxes, signed on June 28, 2013, for 5630 W. Lincoln Ave., DDT Bobblehedz, dated August 19, 2013. Attachments: COM. DDT Bobblehedz 2012 taxes.pdf 60. 2013-0517 Summons and Complaint in the matter of the complaint against Club Canine, LLC, Cynthia A. Bickler, for the premises located at 10506 W. Greenfield Ave., d/b/a Club Canine (2013-2014 Grooming License). Attachments: Complaint Club Canine 8-27-13.pdf Summons Club Canine 8-27-13.pdf Held in License & Health Committee during recess. 61. 2013-0518 Summons and Complaint in the matter of the complaint against Scardina Bakery & Delicatessen, Inc., Rosa Scardina, Agent, d/b/a Scardina Bakery & Delicatessen, for the premises located at 5901 W. Beloit Rd. (2013-2014 Food Permit). Attachments: Summons Scardina 8-27-13.pdf Complaint Scardina 8-27-13.pdf Personal Property taxes to be paid in full by October 1, 2013, or the license is revoked. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 City of West Allis Page 9 Printed on 12/21/2018 Common Council Meeting Minutes September 3, 2013 ADVISORY COMMITTEE 62. 2013-0539 Appointment by Mayor Devine of Caroline Dlouhy as a member of the West Allis Block Grant Committee, her two-year term to expire September 1, 2015. 63. 2013-0540 Appointment by Mayor Devine of Patti Wenzel as a member of the West Allis Library Board, her term to expire July 1, 2014. Passed The Block Vote Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Sengstock, Ald. Vitale, and Ald. Weigel No: 0 N. ADJOURNMENT to adjourn at 9:23 p.m., with the next regularly scheduled meeting to be held on September 17, 2013, 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