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Common Council

Regular Meeting

West Allis, WI · May 5, 2015

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Minutes

City of West Allis 7525 W. Greenfield Ave. West Allis, WI 53214 Meeting Minutes Common Council Mayor Dan Devine, Chair Alderperson Thomas G. Lajsic, Council President Alderpersons: Gary T. Barczak, Michael J. Czaplewski, Kevin Haass, Michael P. May, Cathleen M. Probst, Rosalie L. Reinke, Daniel J. Roadt, Vincent Vitale, and Martin J. Weigel Tuesday, May 5, 2015 7:00 PM City Hall Common Council Chambers REGULAR MEETING (draft minutes) A. CALL TO ORDER The meeting was called to order by Mayor Devine at 7:00 p.m. B. ROLL CALL Present 10 - Ald. Barczak, Ald. Czaplewski, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Haass. D. PUBLIC HEARINGS 1. R-2015-0122 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of W. Hayes Ave. from S. 92 St. to S. 95 St., S. 95 St. from W. Lincoln Ave. to W. Hayes Ave. and portions of intersecting streets by minor asphalt resurfacing with miscellaneous sidewalk repair, miscellaneous driveway repair, building services and utility adjustments. Sponsors: Public Works Committee Explanation by Peter Daniels, Principal Engineer. Appearances: Mike Drews, 2336 S. 95 St., asked about minor asphalt repair and about River City Church. William Traynor, 9240 W. Hayes Ave., asked about the amount of the estimate and the markings on his driveway. He commented on the semi trucks using the street. He asked for speed limit signs and speed bumps and about the sewers. Mr. Traynor opposed the proposed improvement. Wendy Heberer, 2326 S. 95 St. questioned the possibility of a total street replacement on S. 95th street instead of resurfacing. City of West Allis Page 1 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 Alan Schimel, 2320 S. 95 St. asked about the estimate and the life expectancy. He commented on previous work done by the gas company on the sidewalks and if that affected the estimate. Barb Gosetti, 9221 W. Hayes Ave., commented on traffic from the administration building and credit union. She suggested blocking off access from the administration building and credit union or redirecting traffic. Public Hearing Held. 2. R-2015-0120 Resolution relative to determination of Special Use Permit for the relocation of the existing Goodwill store, a secondhand thrift retailer, to be located at 10909 W. Oklahoma Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: Rachel Sawyer, 910 S. 111 Place, asked about the older building across street. Public Hearing Held. 3. O-2015-0029 Ordinance to amend Sections 12.06, 12.40, 12.41, 12.42, 12.43 and 12.45 of the Revised Municipal Code relative to defining and permitting secondhand retail uses. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: None. Public Hearing Held. 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 6/3/2015 Common Council Meeting Minutes May 5, 2015 G. MAYOR'S REPORT 1. Mayor Devine gave kudos to City Clerk Monica Schultz in honor of Municipal Clerk's Week. He thanked her and the staff in the Clerk's Office for all they do. 2. He congratulated the winners of the Fair Housing Poster Contest. 3. Mayor Devine said he attended a tree planting in honor of Arbor Day, hosted by Madison Elementary School. 4. Mayor Devine announced Cream City Clay's grand opening, at 7105 W. Greenfield Ave. 5. He informed everyone that the West Allis Farmer's Market has opened. 6. Mayor Devine commented on LaFollette Park Dance Worx, an interactive dance workshop performance. 7. Mayor invited everyone to attend the City's Memorial Day Parade and the ceremony that follows at Veterans Park on S. 70 St. and W. National Ave. 8. He announced West Allis Ala Carte as a family event along Greenfield Ave. between S. 70 St. and S. 76 St. H. ALDERPERSON'S REPORT Ald. Reinke stated that she attended an Eagle Scout ceremony for Tyler Egland. She mentioned that Pins for Parade, a christmas parade fund raiser, was a success and thanked the volunteers, participants and people that donated. She commended Don Falk for coordinating the event. Ald. Reinke commented on the Remember the Veteran's Project, and that donations should be dropped off at City Hall. I. APPROVAL OF MINUTES 4. 2015-0307 Minutes (Draft) of the Common Council regular meeting of April 21, 2015. Attachments: 042115 CC Minutes.draft A motion was made by Ald. Lajsic, seconded by Ald. May, that this matter be Approved. The motion carried unanimously. J. ITEMS NOT REFERRED TO COMMITTEE 5. 2015-0273 Summons and Complaint in the matter of John Bednarz Jr. and Alison Bednarz vs. Wisconsin Auto Title Loans, Inc., et al, Case No. 15-cv-458. Attachments: Litigation Hold Notice Civil Action Summons This matter was Referred for Legal Action to the City Attorney on a Block Vote. City of West Allis Page 3 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 6. 2015-0294 Summons and Complaint in the matter of Deutsche Bank National Trust Company, c/o Ocwen Loan Servicing, LLC vs. Arlene A. Manske, et al. regarding foreclosure of mortgage, Case No. 15CV003281. Attachments: Manske Foreclosure This matter was Referred for Legal Action to the City Attorney on a Block Vote. 7. 2015-0295 Progressive, Artisan and Truckers Casualty, Co. communication submitted on behalf of Maxine Taylor relative to vehicle damages allegedly sustained at S. 38 St and W. Auer Ave. on March 20, 2015. Attachments: Taylor claim This matter was Referred for Legal Action to the City Attorney on a Block Vote. Passed The Block Vote A motion was made by Ald. Probst, seconded by Ald. Reinke, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 K STANDING COMMITTEE REPORTS None. L. COMMON COUNCIL RECESS A motion was made by Ald. Lajsic, seconded by Ald. Vitale, that the Council recess until completion of Committee meetings. The motion carried unanimously. Thereupon, the Council took a recess at 7:53 p.m. Upon returning from recess at 8:54 p.m., and the roll call being taken, there were: Present 10 - Ald. Barczak, Ald. Czaplewski, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 8. R-2015-0118 Resolution relative to accepting the sole source proposal of Core Vision IT Solutions LLC for providing Palo Alto Firewall Subscription Service for a total net sum of $8,710.00. Sponsors: Administration & Finance Committee Attachments: Palo Alto Firewall Subscription Request This matter was Adopted on a Block Vote. City of West Allis Page 4 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 9. R-2015-0124 Resolution to approve entering into an Intergovernmental Agreement with Milwaukee County for Trunked Radio System Access, for a sum not to exceed $7,000 in 2015. Sponsors: Administration & Finance Committee Attachments: Intergovernmental Agreement re Public Safety Radio System ITC Director Memo Explaining IGA This matter was Adopted on a Block Vote. 10. R-2015-0125 Resolution requesting approval to enter into a contract with E-Docs American Corporation for the imaging of City Attorney Office historical files, for a sum not to exceed $20,000. Sponsors: Administration & Finance Committee Attachments: ITC Director Memo Explaining Request This matter was Adopted on a Block Vote. 11. R-2015-0126 Resolution requesting the transfer of $10,000 from the City’s Contingency Fund to the Police & Fire Commission 2015 Budget for expenses related to the recruitment and selection of a new Police Chief. Sponsors: Administration & Finance Committee Attachments: Police & Fire Commission Letter re Police Chief recruitment This matter was Adopted on a Block Vote. 12. 2015-0308 Communication from City Administrator regarding request to fill an upcoming vacant position of Record Clerk I in the Department of Public Works, Water Division. Attachments: Request to fill Record Clerk I Position in Water Div. Summary of Duties re Water Division Reorg Held in Administration & Finance Committee during recess. 13. 2015-0287 City Administrator report on IT Steering Committee meetings. Attachments: IT Steering Committee Meeting Minutes 04/08/2015 This matter was Placed on File on a Block Vote. 14. 2013-0622 Summons and Complaint in the matter of Bank of America, N.A. vs Andrew Peterson, et al, regarding foreclosure of mortgage, Case No. 13-CV-009542. City of West Allis Page 5 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 This matter was Placed on File on a Block Vote. 15. 2014-0484 Summons and Complaint in the matter of PPS-WI Fund, LLC vs. Lazaro Rodriguez, et al, regarding foreclosure of mortgage. Case Code 30404. Case No. 14CV006271. This matter was Placed on File on a Block Vote. 16. 2014-0775 Summons and Complaint, Small Claims, in the matter of Daniel Drew vs. City of West Allis regarding property damage - auto. Case No. 14SC032551. Attachments: Waterstone Bank vs Daniel Drew This matter was Placed on File on a Block Vote. Passed The Block Vote A motion was made by Ald. Vitale, seconded by Ald. Barczak, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 PUBLIC WORKS COMMITTEE 17. R-2015-0116 Resolution authorizing and directing the City Engineer to enter into a State/Municipal Agreement for a Water Main Improvement Project with the Wisconsin Department of Transportation for the design, construction and other related work for the relocation of two water mains underneath Interstate Highway 894 at W. Lincoln Avenue and at W. Becher Street. Sponsors: Public Works Committee Attachments: R-2015-0116 This matter was Adopted on a Block Vote. 18. R-2015-0119 Resolution to amend the Policies and Procedures Section 2202, Building and Sign Division of the Department of Public Works, to include a procedure for the public to request the placement or replacement of a “No Parking Within 4 Feet of Drive” or “No Parking Between Driveways” sign, as approved by the City Engineer, for a fee of $150. Sponsors: Public Works Committee This matter was Adopted on a Block Vote. City of West Allis Page 6 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 19. O-2015-0028 An Ordinance to Amend Subsection 7.12(9) of the West Allis Revised Municipal Code Relating to Banning Dogs at City Parks and Playgrounds. Sponsors: Ald. Lajsic This matter was Placed on File on a Block Vote. 20. R-2015-0106 Resolution relative to accepting the proposal of Purple Cow Organics, LLC, for providing yard waste management services for a five year period for an estimated sum of $1,022,000. Sponsors: Public Works Committee Attachments: 1262 Yard Waste Mgm Serv This matter was Adopted on a Block Vote. 21. 2015-0226 Communication from Director of Public Works/City Engineer introducing a proposed Park policy. Attachments: COMM-2015-0226 policy and memo Held in Public Works Committee during recess. 22. 2015-0229 Communication from Director of Public Works/City Engineer regarding application for Park Use Permit. Attachments: COMM - Park Use Permit Held in Public Works Committee during recess. 23. R-2015-0122 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of W. Hayes Ave. from S. 92 St. to S. 95 St., S. 95 St. from W. Lincoln Ave. to W. Hayes Ave. and portions of intersecting streets by minor asphalt resurfacing with miscellaneous sidewalk repair, miscellaneous driveway repair, building services and utility adjustments. Sponsors: Public Works Committee This matter was Adopted on a Block Vote. City of West Allis Page 7 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 24. R-2015-0123 Final Resolution authorizing public improvement by minor asphalt resurfacing with miscellaneous sidewalk repair, miscellaneous driveway repair, building services and utility adjustments in W. Hayes Ave. from S. 92 St. to S. 95 St., S. 95 St. from W. Lincoln Ave. to W. Hayes Ave. and portions of intersecting streets and levying special assessments against benefited properties. Sponsors: Public Works Committee This matter was Adopted on a Block Vote. Passed The Block Vote A motion was made by Ald. Barczak, seconded by Ald. Reinke, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 25. R-2015-0121 Resolution of Recognition of the Orchard Hills Neighborhood Association. Sponsors: Ald. Haass Attachments: Recognition Application Boundaries Bylaws signed application This matter was Adopted on a Block Vote. 26. R-2015-0129 Resolution to extend the previously imposed Moratorium on Secondhand Article Dealers, as defined in Section 9.15 of the Revised Municipal Code. Sponsors: Safety & Development Committee This matter was Placed on File on a Block Vote. 27. 2015-0309 Request submitted by David Murray of Allied Pools for an Ordinance to amend the official West Allis Zoning Map by rezoning property located at 1800 S. 108 St. from M-1 Manufacturing District to C-4 Regional Commercial District. Held in Safety & Development Committee during recess. 28. 2015-0223 Special Use Permit for Treat Yourself!, a proposed gourmet popcorn and confections store, to be located at 7326 W. Greenfield Ave. This matter was Placed on File on a Block Vote. City of West Allis Page 8 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 29. 2015-0005 Summons and Complaint in the matter of the Complaint against John Scherff, d/b/a Central Wastewater Treatment of Wisconsin, LLC, located at 360 S. Curtis Rd., regarding their Special Use Permit. Attachments: CWT of WI, LLC Summons 1-6-15 CWT of WI, LLC Complaint 1-6-15 CWT of WI, LLC Exhibits 1-6-15 CWT Affivadit of Service Held in Safety & Development Committee during recess. 30. R-2015-0120 Resolution relative to determination of Special Use Permit for the relocation of the existing Goodwill store, a secondhand thrift retailer, to be located at 10909 W. Oklahoma Ave. Sponsors: Safety & Development Committee This matter was Adopted as Amended on a Block Vote. 31. 2015-0269 Special Use Permit for the relocation of the existing Goodwill store, a secondhand thrift retailer, to be located at 10909 W. Oklahoma Ave. This matter was Placed on File on a Block Vote. Passed The Block Vote A motion was made by Ald. Lajsic, seconded by Ald. May, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 32. O-2015-0029 Ordinance to amend Sections 12.06, 12.40, 12.41, 12.42, 12.43 and 12.45 of the Revised Municipal Code relative to defining and permitting secondhand retail uses. Sponsors: Safety & Development Committee A motion was made by Ald. Lajsic, seconded by Ald. Vitale, that this matter was Passed. The motion carried by the following vote: Aye: 6- Ald. Barczak, Ald. Czaplewski, Ald. Lajsic, Ald. May, Ald. Roadt, and Ald. Vitale No: 4- Ald. Haass, Ald. Probst, Ald. Reinke, and Ald. Weigel LICENSE & HEALTH COMMITTEE 33. 2015-0304 2015-2016 Class B Tavern License application no. 2191 of 9801 LLC, Hasan S. Salem, Agent, d/b/a 9801 LLC, for premises located at 9801 W. Dakota St. (new-nonexisting location). Held in License & Health Committee during recess. City of West Allis Page 9 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 34. 2015-0285 2015-2016 Class B Tavern License renewal application no. 1541 and new Dance Hall License application no. 2190, of ARH Enterprises, LLC, Hugo Jose Juarez, Agent, d/b/a Las Palmas for premises located at 1901 S. 60 St. The Class B Tavern License renewal application was Approved subject to the necessary requirement(s) in accordance with the stipulation requirements, and deny the Dance Hall License application based on the stipulation. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 35. 2015-0284 2015-2016 Class B Tavern, Dance Hall, Instrumental Music, and Bowling Alleys License renewal applications. Class B Tavern License renewal application nos. 448, 453, 486, 657, 680, 690, 717, 732, 745, 797, 832, 1060, 1210, 1640, 1733, 1907, 1965, 1970, 2093, 2126, 2156 and corresponding Dance Hall, Instrumental Music, and Bowling Alley License renewal applications. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 36. 2015-0283 2015-2016 Combination Class A Liquor License renewal applications. License renewal application nos. 925, 934 and 1494. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 37. 2015-0280 2015-2016 Class A Beer License renewal applications. License renewal application nos. 1680 and 1703. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 38. 2015-0281 2015-2016 Class B Beer License renewal applications. License renewal application nos. 902 and 2078. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 39. 2015-0282 2015-2016 Class C Wine License renewal applications. License renewal application nos. 1648 and 2079. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 40. 2015-0297 2015-2016 Special Class B Beer and Wine License application(s). License application no. 2 granted. This matter was Approved subject to the necessary requirement(s) on a Block Vote. City of West Allis Page 10 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 41. 2015-0277 2015-2016 Class B Tavern Special Event Permit application no. 3 of The Buzzard's Nest, LLC, Lawrence E. Pryor, Agent, d/b/a The Buzzard's Nest, 6000 W. Mitchell St., (2015-2016 Class B Tavern License renewal application no. 1965, Instrumental Music License renewal application no. 1967 and Dance Hall License renewal application no. 1966) for "Nest Fest" to be held on Saturday, July 11, 2015 from 11:00 a.m. to 8:00 p.m. (Food and outdoor music). First (1st) application for 2015-2016 license year. This matter was Approved on a Block Vote. 42. 2015-0302 2014-2015 Class B Tavern Special Event Permit application no. 23 of D&N Lynch, Inc., Joseph E. Lynch, Agent, d/b/a Lynch’s, 2300 S. 108 St., (2014-2015 Class B Tavern License application no. 489, Instrumental Music License application no. 617 and Dance Hall License application no. 616) for Fund Raiser for Liver Foundation to be held on Saturday, June 20, 2015 from 10:00 a.m. to 10:00 p.m. (Food, tent and outdoor music). Fifth (5th) application for 2014-2015 license year. This matter was Approved on a Block Vote. 43. 2015-0278 2014-2015 Special Event Instrumental Music Permit application no. 22 of Potocic Enterprises, Ltd., William L. Potocic, Agent, d/b/a State Fair Inn, 8101 W. Greenfield Ave. (2014-2015 Class B Tavern License no. 700) for an event on Saturday, June 6, 2015 from 6:00 p.m. to 10:00 p.m. First (1st) application for 2014-2015 license year. This matter was Approved on a Block Vote. 44. 2015-0279 Operator's License (bartender/sales clerk) applications. 2014-2015 License application nos. 595-596 granted. 2014-2016 License application no. 295 granted. 2015-2016 License application nos. 291, 293-294, 296-298, 301 and 311 granted. 2015-2017 License application nos. 12, 25, 27-32, 41, 44-55, 81-84, 87, 89-101, 105-108 and 127-128 granted. This matter was Approved on a Block Vote. 45. 2015-0289 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-300 for Ramanlal Patel. Held in License & Health Committee during recess. 46. 2015-0290 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-292 for Rey A. Khan. Held in License & Health Committee during recess. 47. 2015-0291 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-003 for Christina I. Lopez. Held in License & Health Committee during recess. City of West Allis Page 11 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 48. 2015-0292 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-011 for Ashlee A. Broehm-Jacobson. Held in License & Health Committee during recess. 49. 2015-0293 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-303 for Ranjit Singh. Held in License & Health Committee during recess. 50. 2015-0276 2015-2016 Adult-Oriented Establishment License renewal application. License renewal application no. 531 granted. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 51. 2015-0299 2014-2015 Adult-Oriented Establishment Operator Permit application(s). License application no. 2179 permit granted. This matter was Approved on a Block Vote. 52. 2015-0301 2015-2016 Amusement Distributor’s License application(s). License application nos. 1069 and 1691 granted. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 53. 2015-0306 2015-2016 Phonograph Distributor’s License application(s). License application no. 413 granted. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 54. 2015-0305 2015-2016 Used Vehicle Dealer License application(s). License application nos. 2026 and 2173 granted. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 55. 2015-0298 2015-2016 Pawn Dealer License application(s). License application no. 1058 granted. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 56. 2015-0274 2015-2016 Secondhand Article Dealer License application(s). License application nos. 1052 and 1857 granted. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 57. 2015-0275 2015-2016 Secondhand Jewelry Dealer License application(s) License application nos. 1055 and 1693 granted. This matter was Approved subject to the necessary requirement(s) on a Block Vote. City of West Allis Page 12 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 59. 2015-0313 Stipulation In the Matter of the Complaint Against Morgan Murphy Enterprises, LLC, Mary Jo Burback, Registered Agent, dba Tap 58, for the premises located at 5732 W. Mitchell St. Attachments: Morgn Murphy Ent., LLC signed Stipulation This matter was Approved on a Block Vote. 60. 2015-0075 Summons and Complaint in the matter of the complaint against Morgan Murphy Enterprises, LLC, Mary Jo Burback, Registered Agent, for the premises located at 5732 W. Mitchell St., d/b/a Tap 58 (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005, Instrumental Music License no. 2083 and Food-Related Permit/License). Attachments: Summons Morgan Murphy Enterprises 03-24-15 Complaint Morgan Murphy Enterprises, LLC 03-24-15 Affivadit of Service Morgan Murphy Enterprises, LLC Held in License & Health Committee during recess. 61. 2015-0034 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: December 18, 2014). This matter was Placed on File on a Block Vote. 62. 2015-0103 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: January 10, 2015). This matter was Placed on File on a Block Vote. 63. 2015-0104 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: January 18, 2015). This matter was Placed on File on a Block Vote. City of West Allis Page 13 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 64. 2015-0185 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083) of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: February 12, 2015. This matter was Placed on File on a Block Vote. 65. 2015-0081 Communication from Health Commissioner providing an update on Morgan Murphy Enterprises, LLC, Mary Jo Burback, for the premises located at 5732 W. Mitchell St., d/b/a Tap 58 (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005, Instrumental Music License no. 2083 and Food-Related Permit/License) dated January 29, 2015. Attachments: MEMORANDUM-Tap58, January 29, 2015 This matter was Placed on File on a Block Vote. Passed The Block Vote A motion was made by Ald. Czaplewski, seconded by Ald. Weigel, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 58. 2015-0303 2015-2016 Secondhand Jewelry Dealer License renewal application no. 1877 of M.J.C. Inc., Michael J. Czaplewski, Agent, d/b/a Jewelry by M.J.C., for premises located at 10923 W. Lincoln Ave. A motion was made by Ald. Czaplewski, seconded by Ald. Roadt, that this matter was Approved subject to the necessary requirement(s). The motion carried by the following vote: Aye: 9- Ald. Barczak, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 Present: 1- Ald. Czaplewski ADVISORY COMMITTEE 66. 2015-0300 Appointment by Mayor Devine of Mr. Lynn Franke to the Office of Weed Commissioner for the City of West Allis for the year 2015. Attachments: Franke Appointment Letter This matter was Approved on a Block Vote. City of West Allis Page 14 Printed on 6/3/2015 Common Council Meeting Minutes May 5, 2015 67. 2015-0310 Reappointment by Mayor Devine of Judy Shabman as a member of the West Allis Civil Service Commission, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, her five-year term to expire May 1, 2020. Attachments: Shabman Appointment Letter This matter was Approved on a Block Vote. 68. 2015-0311 Reappointment by Mayor Devine of Jean Wolfgang as a member of the West Allis Board of Appeals, her three-year term to expire May 1, 2018. Attachments: Wolfgang Appointment Letter This matter was Approved on a Block Vote. 69. 2015-0312 Reappointment by Mayor Devine of Jim Mejchar as a member of the West Allis Community Celebrations Committee, his three-year term to expire December 31, 2017. Attachments: Mejchar Appointment Letter This matter was Approved on a Block Vote. Passed The Block Vote A motion was made by Ald. Reinke, seconded by Ald. Vitale, to approve all the actions on the preceding items on a Block Vote. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. Haass, Ald. Lajsic, Ald. May, Ald. Probst, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 N. ADJOURNMENT A motion was made by Ald. Lajsic, seconded by Ald. Reinke, to adjourn at 9:21 p.m., with the next regularly scheduled meeting to be held on May 19, 2015, at 7:00 p.m. The motion carried unanimously. Monica Schultz, City Clerk City of West Allis Page 15 Printed on 6/3/2015

Agenda

7525 W. Greenfield Ave. City of West Allis West Allis, WI 53214 Meeting Agenda Common Council Mayor Dan Devine, Chair Alderperson Thomas G. Lajsic, Council President Alderpersons: Gary T. Barczak, Michael J. Czaplewski, Kevin Haass, Michael P. May, Cathleen M. Probst, Rosalie L. Reinke, Daniel J. Roadt, Vincent Vitale, and Martin J. Weigel Tuesday, May 5, 2015 7:00 PM City Hall Common Council Chambers REGULAR MEETING A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. PUBLIC HEARINGS 1. R-2015-0122 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of W. Hayes Ave. from S. 92 St. to S. 95 St., S. 95 St. from W. Lincoln Ave. to W. Hayes Ave. and portions of intersecting streets by minor asphalt resurfacing with miscellaneous sidewalk repair, miscellaneous driveway repair, building services and utility adjustments. Sponsors: Public Works Committee 2. R-2015-0120 Resolution relative to determination of Special Use Permit for the relocation of the existing Goodwill store, a secondhand thrift retailer, to be located at 10909 W. Oklahoma Ave. Sponsors: Safety & Development Committee 3. O-2015-0029 Ordinance to amend Sections 12.06, 12.40, 12.41, 12.42, 12.43 and 12.45 of the Revised Municipal Code relative to defining and permitting secondhand retail uses. Sponsors: Safety & Development Committee E. CITIZEN PARTICIPATION City of West Allis Page 1 Printed on 5/1/2015 Common Council Meeting Agenda May 5, 2015 F. ANNOUNCEMENT OF RECESS MEETINGS OF STANDING COMMITTEES New and Previous Matters referred to Committees may be considered and acted upon by Committees during the Common Council recess. Unless otherwise announced during the meeting, the standing Committees of the Common Council will meet during recess in the following rooms and in the following order: Room 118 Administration & Finance, Safety & Development, Advisory Room 128 Public Works, License & Health G. MAYOR'S REPORT 1. Recent events attended 2. Awards/commendations 3. Upcoming events H. ALDERPERSON'S REPORT 1. Recent events attended 2. Awards/commendations 3. Upcoming events I. APPROVAL OF MINUTES 4. 2015-0307 Minutes (Draft) of the Common Council regular meeting of April 21, 2015. Attachments: 042115 CC Minutes.draft J. ITEMS NOT REFERRED TO COMMITTEE 5. 2015-0273 Summons and Complaint in the matter of John Bednarz Jr. and Alison Bednarz vs. Wisconsin Auto Title Loans, Inc., et al, Case No. 15-cv-458. Attachments: Litigation Hold Notice Civil Action Summons 6. 2015-0294 Summons and Complaint in the matter of Deutsche Bank National Trust Company, c/o Ocwen Loan Servicing, LLC vs. Arlene A. Manske, et al. regarding foreclosure of mortgage, Case No. 15CV003281. Attachments: Manske Foreclosure City of West Allis Page 2 Printed on 5/1/2015 Common Council Meeting Agenda May 5, 2015 7. 2015-0295 Progressive, Artisan and Truckers Casualty, Co. communication submitted on behalf of Maxine Taylor relative to vehicle damages allegedly sustained at S. 38 St and W. Auer Ave. on March 20, 2015. Attachments: Maxine Taylor veh. claim K STANDING COMMITTEE REPORTS None. L. COMMON COUNCIL RECESS M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE New Matters for Introduction 8. R-2015-0118 Resolution relative to accepting the sole source proposal of Core Vision IT Solutions LLC for providing Palo Alto Firewall Subscription Service for a total net sum of $8,710.00. Sponsors: Administration & Finance Committee Attachments: Palo Alto Firewall Subscription Request 9. R-2015-0124 Resolution to approve entering into an Intergovernmental Agreement with Milwaukee County for Trunked Radio System Access, for a sum not to exceed $7,000 in 2015. Sponsors: Administration & Finance Committee Attachments: Intergovernmental Agreement re Public Safety Radio System ITC Director Memo Explaining IGA 10. R-2015-0125 Resolution requesting approval to enter into a contract with E-Docs American Corporation for the imaging of City Attorney Office historical files, for a sum not to exceed $20,000. Sponsors: Administration & Finance Committee Attachments: ITC Director Memo Explaining Request 11. R-2015-0126 Resolution requesting the transfer of $10,000 from the City’s Contingency Fund to the Police & Fire Commission 2015 Budget for expenses related to the recruitment and selection of a new Police Chief. Sponsors: Administration & Finance Committee Attachments: Police & Fire Commission Letter re Police Chief recruitment City of West Allis Page 3 Printed on 5/1/2015 Common Council Meeting Agenda May 5, 2015 12. 2015-0308 Communication from City Administrator regarding request to fill an upcoming vacant position of Record Clerk I in the Department of Public Works, Water Division. Attachments: Request to fill Record Clerk I Position in Water Div. 13. 2015-0287 City Administrator report on IT Steering Committee meetings. Attachments: IT Steering Committee Meeting Minutes 04/08/2015 City Attorney Claim Report 14. 2013-0622 Summons and Complaint in the matter of Bank of America, N.A. vs Andrew Peterson, et al, regarding foreclosure of mortgage, Case No. 13-CV-009542. City Attorney recommended to be placed on file. 15. 2014-0484 Summons and Complaint in the matter of PPS-WI Fund, LLC vs. Lazaro Rodriguez, et al, regarding foreclosure of mortgage. Case Code 30404. Case No. 14CV006271. City Attorney recommended to be placed on file. 16. 2014-0775 Summons and Complaint, Small Claims, in the matter of Daniel Drew vs. City of West Allis regarding property damage - auto. Case No. 14SC032551. Attachments: Waterstone Bank vs Daniel Drew City Attorney recommended to be placed on file. PUBLIC WORKS COMMITTEE New Matters for Introduction 17. R-2015-0116 Resolution authorizing and directing the City Engineer to enter into a State/Municipal Agreement for a Water Main Improvement Project with the Wisconsin Department of Transportation for the design, construction and other related work for the relocation of two water mains underneath Interstate Highway 894 at W. Lincoln Avenue and at W. Becher Street. Sponsors: Public Works Committee Attachments: R-2015-0116 18. R-2015-0119 Resolution to amend the Policies and Procedures Section 2202, Building and Sign Division of the Department of Public Works, to include a procedure for the public to request the placement or replacement of a “No Parking Within 4 Feet of Drive” or “No Parking Between Driveways” sign, as approved by the City Engineer, for a fee of $150. Sponsors: Public Works Committee City of West Allis Page 4 Printed on 5/1/2015 Common Council Meeting Agenda May 5, 2015 Previous Matters for Consideration 19. O-2015-0028 An Ordinance to Amend Subsection 7.12(9) of the West Allis Revised Municipal Code Relating to Banning Dogs at City Parks and Playgrounds. Sponsors: Ald. Lajsic 20. R-2015-0106 Resolution relative to accepting the proposal of Purple Cow Organics, LLC, for providing yard waste management services for a five year period for an estimated sum of $1,022,000. Sponsors: Public Works Committee Attachments: 1262 Yard Waste Mgm Serv 21. 2015-0226 Communication from Director of Public Works/City Engineer introducing a proposed Park policy. Attachments: COMM-2015-0226 policy and memo 22. 2015-0229 Communication from Director of Public Works/City Engineer regarding application for Park Use Permit. Attachments: COMM - Park Use Permit Public Hearing Items (Public Works Committee) 23. R-2015-0122 Resolution to confirm and adopt the report of the Director of Public Works/City Engineer containing the schedule of proposed assessments for improvement of W. Hayes Ave. from S. 92 St. to S. 95 St., S. 95 St. from W. Lincoln Ave. to W. Hayes Ave. and portions of intersecting streets by minor asphalt resurfacing with miscellaneous sidewalk repair, miscellaneous driveway repair, building services and utility adjustments. Sponsors: Public Works Committee 24. R-2015-0123 Final Resolution authorizing public improvement by minor asphalt resurfacing with miscellaneous sidewalk repair, miscellaneous driveway repair, building services and utility adjustments in W. Hayes Ave. from S. 92 St. to S. 95 St., S. 95 St. from W. Lincoln Ave. to W. Hayes Ave. and portions of intersecting streets and levying special assessments against benefited properties. Sponsors: Public Works Committee City of West Allis Page 5 Printed on 5/1/2015 Common Council Meeting Agenda May 5, 2015 SAFETY & DEVELOPMENT COMMITTEE New Matters for Introduction 25. R-2015-0121 Resolution of Recognition of the Orchard Hills Neighborhood Association. Sponsors: Ald. Haass Attachments: Recognition Application Boundaries Bylaws 26. R-2015-0129 Resolution to extend the previously imposed Moratorium on Secondhand Article Dealers, as defined in Section 9.15 of the Revised Municipal Code. Sponsors: Safety & Development Committee 27. 2015-0309 Request submitted by David Murray of Allied Pools for an Ordinance to amend the official West Allis Zoning Map by rezoning property located at 1800 S. 108 St. from M-1 Manufacturing District to C-4 Regional Commercial District. Previous Matters for Consideration 28. 2015-0223 Special Use Permit for Treat Yourself!, a proposed gourmet popcorn and confections store, to be located at 7326 W. Greenfield Ave. 29. 2015-0005 Summons and Complaint in the matter of the Complaint against John Scherff, d/b/a Central Wastewater Treatment of Wisconsin, LLC, located at 360 S. Curtis Rd., regarding their Special Use Permit. Attachments: CWT of WI, LLC Summons 1-6-15 CWT of WI, LLC Complaint 1-6-15 CWT of WI, LLC Exhibits 1-6-15 CWT Affivadit of Service Public Hearing Items (Safety & Development Committee) 30. R-2015-0120 Resolution relative to determination of Special Use Permit for the relocation of the existing Goodwill store, a secondhand thrift retailer, to be located at 10909 W. Oklahoma Ave. Sponsors: Safety & Development Committee 31. 2015-0269 Special Use Permit for the relocation of the existing Goodwill store, a secondhand thrift retailer, to be located at 10909 W. Oklahoma Ave. 32. O-2015-0029 Ordinance to amend Sections 12.06, 12.40, 12.41, 12.42, 12.43 and 12.45 of the Revised Municipal Code relative to defining and permitting secondhand retail uses. Sponsors: Safety & Development Committee City of West Allis Page 6 Printed on 5/1/2015 Common Council Meeting Agenda May 5, 2015 LICENSE & HEALTH COMMITTEE New Matters for Introduction 33. 2015-0304 2015-2016 Class B Tavern License application no. 2191 of 9801 LLC, Hasan S. Salem, Agent, d/b/a 9801 LLC, for premises located at 9801 W. Dakota St. (new-nonexisting location). 34. 2015-0285 2015-2016 Class B Tavern License renewal application no. 1541 and new Dance Hall License application no. 2190, of ARH Enterprises, LLC, Hugo Jose Juarez, Agent, d/b/a Las Palmas for premises located at 1901 S. 60 St. 35. 2015-0284 2015-2016 Class B Tavern, Dance Hall and Instrumental Music License renewal applications. 36. 2015-0283 2015-2016 Combination Class A Liquor License renewal applications. 37. 2015-0280 2015-2016 Class A Beer License renewal applications. 38. 2015-0281 2015-2016 Class B Beer License renewal applications. 39. 2015-0282 2015-2016 Class C Wine License renewal applications. 40. 2015-0297 2015-2016 Special Class B Beer and Wine License application(s). 41. 2015-0277 2015-2016 Class B Tavern Special Event Permit application no. 3 of The Buzzard's Nest, LLC, Lawrence E. Pryor, Agent, d/b/a The Buzzard's Nest, 6000 W. Mitchell St., (2015-2016 Class B Tavern License renewal application no. 1965, Instrumental Music License renewal application no. 1967 and Dance Hall License renewal application no. 1966) for "Nest Fest" to be held on Saturday, July 11, 2015 from 11:00 a.m. to 8:00 p.m. (Food and outdoor music). First (1st) application for 2015-2016 license year. 42. 2015-0302 2014-2015 Class B Tavern Special Event Permit application no. 23 of D&N Lynch, Inc., Joseph E. Lynch, Agent, d/b/a Lynch’s, 2300 S. 108 St., (2014-2015 Class B Tavern License application no. 489, Instrumental Music License application no. 617 and Dance Hall License application no. 616) for Fund Raiser for Liver Foundation to be held on Saturday, June 20, 2015 from 10:00 a.m. to 10:00 p.m. (Food, tent and outdoor music). Fifth (5th) application for 2014-2015 license year. 43. 2015-0278 2014-2015 Special Event Instrumental Music Permit application no. 22 of Potocic Enterprises, Ltd., William L. Potocic, Agent, d/b/a State Fair Inn, 8101 W. Greenfield Ave. (2014-2015 Class B Tavern License no. 700) for an event on Saturday, June 6, 2015 from 6:00 p.m. to 10:00 p.m. First (1st) application for 2014-2015 license year. 44. 2015-0279 Operator's License (bartender/sales clerk) applications. City of West Allis Page 7 Printed on 5/1/2015 Common Council Meeting Agenda May 5, 2015 45. 2015-0289 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-300 for Ramanlal Patel. 46. 2015-0290 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-292 for Rey A. Khan. 47. 2015-0291 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-003 for Christina I. Lopez. 48. 2015-0292 2015-2017 Operator’s License (bartender/sales clerk) application no. 17-011 for Ashlee A. Broehm-Jacobson. 49. 2015-0293 2015-2016 Operator’s License (bartender/sales clerk) application no. 16-303 for Ranjit Singh. 50. 2015-0276 2015-2016 Adult-Oriented Establishment License renewal application. 51. 2015-0299 2014-2015 Adult-Oriented Establishment Operator Permit application(s). 52. 2015-0301 2015-2016 Amusement Distributor’s License application(s). 53. 2015-0306 2015-2016 Phonograph Distributor’s License application(s). 54. 2015-0305 2015-2016 Used Vehicle Dealer License application(s). 55. 2015-0298 2015-2016 Pawn Dealer License application(s). 56. 2015-0274 2015-2016 Secondhand Article Dealer License application(s). 57. 2015-0275 2015-2016 Secondhand Jewelry Dealer License application(s) 58. 2015-0303 2015-2016 Secondhand Jewelry Dealer License renewal application no. 1877 of M.J.C. Inc., Michael J. Czaplewski, Agent, d/b/a Jewelry by M.J.C., for premises located at 10923 W. Lincoln Ave. 59. 2015-0313 Stipulation In the Matter of the Complaint Against Morgan Murphy Enterprises, LLC, Mary Jo Burback, Registered Agent, dba Tap 58, for the premises located at 5732 W. Mitchell St. Previous Matters for Consideration 60. 2015-0075 Summons and Complaint in the matter of the complaint against Morgan Murphy Enterprises, LLC, Mary Jo Burback, Registered Agent, for the premises located at 5732 W. Mitchell St., d/b/a Tap 58 (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005, Instrumental Music License no. 2083 and Food-Related Permit/License). Attachments: Summons Morgan Murphy Enterprises 03-24-15 Complaint Morgan Murphy Enterprises, LLC 03-24-15 Affivadit of Service Morgan Murphy Enterprises, LLC City of West Allis Page 8 Printed on 5/1/2015 Common Council Meeting Agenda May 5, 2015 61. 2015-0034 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: December 18, 2014). 62. 2015-0103 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: January 10, 2015). 63. 2015-0104 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083 of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: January 18, 2015). 64. 2015-0185 Police Department Report involving Tap 58, 5732 W. Mitchell St. (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005 and Instrumental Music License no. 2083) of Morgan Murphy Enterprises, LLC, Sarah M. Reimer, Agent, Incident Date: February 12, 2015. 65. 2015-0081 Communication from Health Commissioner providing an update on Morgan Murphy Enterprises, LLC, Mary Jo Burback, for the premises located at 5732 W. Mitchell St., d/b/a Tap 58 (2014-2015 Class B Tavern License no. 2004, Dance Hall License no. 2005, Instrumental Music License no. 2083 and Food-Related Permit/License) dated January 29, 2015. Attachments: MEMORANDUM-Tap58, January 29, 2015 ADVISORY COMMITTEE New Matters for Introduction 66. 2015-0300 Appointment by Mayor Devine of Mr. Lynn Franke to the Office of Weed Commissioner for the City of West Allis for the year 2015. 67. 2015-0310 Reappointment by Mayor Devine of Judy Shabman as a member of the West Allis Civil Service Commission, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of boards and commissions, her five-year term to expire May 1, 2020. 68. 2015-0311 Reappointment by Mayor Devine of Jean Wolfgang as a member of the West Allis Board of Appeals, her three-year term to expire May 1, 2018. 69. 2015-0312 Reappointment by Mayor Devine of Jim Mejchar as a member of the West Allis Community Celebrations Committee, his three-year term to expire December 31, 2017. N. ADJOURNMENT City of West Allis Page 9 Printed on 5/1/2015 Common Council Meeting Agenda May 5, 2015 All meetings of the Common Council 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 5/1/2015

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