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, Eric Euteneier, Kevin Haass, Michael P. May, Rosalie L. Reinke, Daniel J. Roadt, Vincent Vitale, and Martin J. Weigel Tuesday, February 5, 2019 7:04 PM City Hall Common Council Chambers REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Mayor Devine at 7:04 p.m. B. ROLL CALL Present 10 - Ald. Barczak, Ald. Czaplewski, Ald. Euteneier, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Reinke. D. PUBLIC HEARINGS 1. R-2019-0059 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 75 Street from North of W. Walker Street to W. Washington Street, S. 80 Street from W. Greenfield Avenue to W. National Avenue and portions of intersecting streets. Sponsors: Public Works Committee Attachments: R-2019-0059 signed Explanation by Peter Daniels, City Engineer. Appearances: Todd Posten, 1634 S. 80 St., asked about penalties for early payment. Public Hearing Held 2. R-2019-0088 Resolution relative to determination of Special Use Permit for a proposed hotel to be located at 1010, 1040 & 1126 S. 70 St. Sponsors: Safety & Development Committee Attachments: R-2019-0088 signed Explanation by John Stibal, Director of Development. Appearances: None. Public Hearing Held City of West Allis Page 1 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 3. R-2019-0085 Resolution relative to determination of Special Use Permit for a proposed butcher shop, which includes converting the existing mixed use building to commercial and expanding the existing building, to be located at 2079 S. 69 St. Sponsors: Safety & Development Committee Attachments: R-2019-0085 signed Explanation by John Stibal, Director of Development. Appearances: None. Public Hearing Held 4. R-2019-0086 Resolution relative to determination of Special Use Permit for the expansion of Tall Guy and a Grill, an existing catering business at 6733 W. Lincoln Ave. Sponsors: Safety & Development Committee Attachments: R-2019-0086 signed Explanation by John Stibal, Director of Development. The Clerk's Office received one letter with concerns. Appearances: None. Public Hearing Held 5. R-2019-0090 Resolution relative to determination of Special Use Permit for a proposed commercial parking lot to replace the existing building located at 9422-30 W. National Ave. Sponsors: Safety & Development Committee Explanation by John Stibal, Director of Development. Appearances: Linda Wishman, 2188 S. 95 St., expressed concerns with lack of communication from the owners of Heart Breakers, the location of the property line, the grading of the parking lot and stormwater run off, the height of the retaining wall and erosion, and wants working security cameras. Public Hearing Held 6. R-2019-0095 Resolution relative to determination of Special Use Permit for Uniko, a proposed entertainment venue, to be located at 1900 S. 60 St. Sponsors: Safety & Development Committee Attachments: R-2019-0095 signed Explanation by John Stibal, Director of Development. Appearances: City of West Allis Page 2 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 Claudia Martorano, 6016 W. Burnham St., asked for reassurance for the safety of the neighboring businesses, expressed concern of fights, and lack of parking that spills into her parking lot. Public Hearing Held E. CITIZEN PARTICIPATION Steve Yanacheck, 1220 S. 122 St., spoke about clean air and water, chemtrails, and finding a solution to these problems. 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 thanked the West Allis Woman’s Club for their volunteer work and stated it was an honor for him, the Council President, the Fire Chief and the Police Chief to serve them lunch at the Annual Celebrity Luncheon; commented on the Fire Department and Health Department hosting the West Allis Youth Commission for a seminar on Community mental issues; congratulated the 2018 winners listed in the Shepherd Express which included West Allis restaurants, establishments and West Allis Farmer’s Market. H. ALDERPERSON'S REPORT Ald. Weigel announced the upcoming meeting for the West Allis Community Improvement Foundation for the planning of the Community Dinner Dance, the theme this year being “Take me Out to the Dog Park” whose beneficiary this year will be the dog park and welcomed any additional volunteers to join to help with fundraising and planning of the gala. Ald. May thanked the Department of Public Works for their successful operations during the extreme snow and cold weather conditions, and commented that he received many calls of thanks and few calls with complaints. Ald. Barczak stated he would ditto Ald. May's comments. Ald. Euteneier announced the Fairview Park Neighborhood Association meeting at Benno's and stated anyone in the Fairview Park area could still join. Ald. Reinke thanked the Department of Public Works for their work during the snow and cold weather, and stated she had no complaints regarding the snow plowing. I. APPROVAL OF MINUTES 7. 2019-0054 Minutes (Draft) of the Common Council regular meeting of January 15, 2019 and special meeting of January 29, 2019. City of West Allis Page 3 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 Attachments: 011519 CC Minutes.draft 012919 Special CC Minutes.draft A motion was made by Ald. Lajsic, seconded by Ald. Haass, that this matter be Approved. The motion carried unanimously. J. ITEMS NOT REFERRED TO COMMITTEE None. K. STANDING COMMITTEE REPORTS None. L. COMMON COUNCIL RECESS A motion was made by Ald. Lajsic, seconded by Ald. Reinke, that the Council recess until completion of Committee meetings. The motion carried unanimously. Thereupon, the Council took a recess at 8:03 p.m. Upon returning from recess at 8:51 p.m., and the roll call being taken, there were: Present 10 - Ald. Barczak, Ald. Czaplewski, Ald. Euteneier, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel City of West Allis Page 4 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 8. R-2019-0093 Resolution establishing the 2019 Sanitary Sewer User Charge--MMSD Portion. Sponsors: Administration & Finance Committee Attachments: R-2019-0093 signed This matter was Adopted on a Block Vote 9. R-2019-0094 Resolution approving Rescission/Refund of Property Taxes. Sponsors: Administration & Finance Committee Attachments: Resolution and Attachments re Rescission-Refund of Property Taxes R-2019-0094 signed This matter was Adopted on a Block Vote 10. R-2019-0100 Resolution to approve a Commercial Facade Improvement Project Contract by and between the City of West Allis and DPN Enterprises, LLC, property owner for the property located at 6733-35 W. Lincoln Ave. in an amount up to $20,000. Sponsors: Administration & Finance Committee Attachments: R-2019-0100 signed Commercial Facade Contract-Signed This matter was Adopted on a Block Vote 11. R-2019-0101 Resolution relative to authorizing the single source purchase of a police canine and the corresponding training for the canine and handler for a sum of $14,000.00 from Southern Police Canine. Sponsors: Administration & Finance Committee Attachments: R-2019-0101 signed This matter was Adopted on a Block Vote 12. R-2019-0102 Resolution authorizing the Mayor to partner with Savage Solutions to implement and execute the first full year of the accepted Three Year Marketing Strategy and Plan for the City of West Allis in the amount of $180,000 [$100,000 from a donation from FIRE (First-Ring Industrial Redevelopment Enterprise) and $80,000 from funds designated for Tourism Promotion and Development based on a change to state law which requires room tax revenue allocation to Tourism Promotion and Development]. City of West Allis Page 5 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 Sponsors: Administration & Finance Committee Attachments: R-2019-0102 signed This matter was Adopted on a Block Vote 13. 2019-0061 Communication from City Administrator regarding request to fill vacant position of Truck Driver, due to a resignation, in the Department of Public Works, Sanitation and Street Division. Attachments: Request to fill Truck Driver position This matter was Approved on a Block Vote 14. 2019-0062 Communication from City Administrator regarding request to fill vacant position of Truck Driver, due to a termination, in the Department of Public Works, Sanitation and Street Division. Attachments: Request to fill Truck Driver position This matter was Approved on a Block Vote 15. 2019-0063 Communication from City Administrator transmitting Traffic Violation & Accident Reports for the period October 1, 2018 through December 31, 2018. Attachments: 2018 Quarter 4 - Traffic Violation & Accident Reports This matter was Placed on File on a Block Vote 16. 2018-0097 Summons and Complaint in the matter of Associated Bank, N.A. vs. Cesar Romero, et al, regarding foreclosure of mortgage, Case No. 2018CV000359. Attachments: Romero.2018CV000359 Ltr to Cc-Romero Arias This matter was Placed on File on a Block Vote Passed The Block Vote A motion was made by Ald. Haass, 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. Euteneier, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 PUBLIC WORKS COMMITTEE 17. R-2019-0081 Resolution authorizing and directing the City Engineer to enter into a State/Municipal Agreement for a Highway Improvement Project with the Wisconsin Department of Transportation for the design and other related work on the reconstruction of West Beloit Road from S. 60th Street to W. Lincoln Avenue. City of West Allis Page 6 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 Sponsors: Public Works Committee Attachments: 2525 03 01 West Beloit Road SMA R-2019-0081 signed This matter was Adopted on a Block Vote 18. R-2019-0082 Resolution authorizing and directing the City Engineer to enter into a State/Municipal Agreement for a Highway Improvement Project with the Wisconsin Department of Transportation for the design and other related work on the reconstruction of West National Avenue from S. 62nd Street to S. 65th Street. Sponsors: Public Works Committee Attachments: R-2019-0082 signed This matter was Adopted on a Block Vote 19. R-2019-0083 Resolution accepting work of Globe Contractors, Inc. for the installation of storm sewer and sanitary sewer relay in W. Mitchell St. from S. 69th St. to S. 70th St., S. 70th St. from W. National Ave. to W. Mitchell St., S. 71st St. from 275’ North of W. National Ave. to W. National Ave., S. 72nd St. from 520’ North of W. National Ave. to W. National Ave. and 1121 S 74th St. in the City of West Allis and authorizing and directing settlement of said contract in accordance with contract terms for final payment of 2017 Project No. 12 in the amount of $1,000.00 of the $706,087.69 total project cost. Sponsors: Public Works Committee Attachments: R-2019-0083 signed This matter was Adopted on a Block Vote 20. R-2019-0098 Resolution authorizing the City Engineer to amend an existing agreement with Barrientos Design & Consulting, Inc. for Architectural Consulting Services related to Site Selection, Facility Programing and a Time Management Study for the City’s DPW Municipal Garage in an amount not to exceed $51,500 and authorizing and directing the appropriate City officials to execute a budget amendment to transfer the necessary funds for this work. Sponsors: Public Works Committee Attachments: Barrientos WA Garage Site Selection Facility Programming Scope signed contract R-2019-0098 signed City of West Allis Page 7 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 This matter was Adopted on a Block Vote 21. R-2019-0059 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 75 Street from North of W. Walker Street to W. Washington Street, S. 80 Street from W. Greenfield Avenue to W. National Avenue and portions of intersecting streets. Sponsors: Public Works Committee Attachments: R-2019-0059 signed This matter was Adopted on a Block Vote 22. R-2019-0060 Final Resolution authorizing public improvement by concrete reconstruction, new concrete sidewalk, new driveway approaches, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments in S. 75 Street from North of W. Walker Street to W. Washington Street, S. 80 Street from W. Greenfield Avenue to W. National Avenue and portions of intersecting streets and levying special assessments against benefited properties. Sponsors: Public Works Committee Attachments: R-2019-0060 signed 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. Euteneier, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 City of West Allis Page 8 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 SAFETY & DEVELOPMENT COMMITTEE 23. R-2019-0084 Resolution authorizing the Director of Development to enter into a professional services contract for a community engagement and planning effort for the Burnham Pointe Neighborhood with Better Block, in an amount not to exceed $55,000. Sponsors: Safety & Development Committee Attachments: Better Block Budget R-2019-0084 signed This matter was Adopted on a Block Vote 24. R-2019-0088 Resolution relative to determination of Special Use Permit for a proposed hotel to be located at 1010, 1040 & 1126 S. 70 St. Sponsors: Safety & Development Committee Attachments: R-2019-0088 signed This matter was Adopted on a Block Vote 25. 2019-0027 Special Use Permit for a proposed hotel to be located at 1010, 1040 & 1126 S. 70 St. Attachments: Application - Hotel (S. 70 St.) Home2 Suites Hotel (SUP & SLA) This matter was Placed on File on a Block Vote 26. R-2019-0085 Resolution relative to determination of Special Use Permit for a proposed butcher shop, which includes converting the existing mixed use building to commercial and expanding the existing building, to be located at 2079 S. 69 St. Sponsors: Safety & Development Committee Attachments: R-2019-0085 signed This matter was Adopted on a Block Vote 27. 2019-0031 Special Use Permit for a proposed butcher shop, which includes converting the existing mixed use building to commercial and expanding the existing building, to be located at 2079 S. 69 St. Attachments: Application - Butcher Shop Butcher Shop 2079 S 69 St (SUP & SLA) This matter was Placed on File on a Block Vote City of West Allis Page 9 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 28. R-2019-0086 Resolution relative to determination of Special Use Permit for the expansion of Tall Guy and a Grill, an existing catering business at 6733 W. Lincoln Ave. Sponsors: Safety & Development Committee Attachments: R-2019-0086 signed This matter was Adopted on a Block Vote 29. 2019-0032 Special Use Permit for the expansion of Tall Guy and a Grill an existing catering business at 6733 W. Lincoln Avenue. Attachments: Application - Tall Guy & A Grill Tall Guy 6733 W Lincoln Ave (SUP - SLA) Tall Guy & a Grill letter of concern This matter was Placed on File on a Block Vote 30. R-2019-0090 Resolution relative to determination of Special Use Permit for a proposed commercial parking lot to replace the existing building located at 9422-30 W. National Ave. Sponsors: Safety & Development Committee Held in Safety & Development Committee during recess. 31. 2019-0033 Special Use Permit for a proposed commercial parking lot to replace existing building located at 9422-30 National Ave. Attachments: Application - Pkg Lot - 9422-30 Nat'l Parking Lot 9422-30 W National Ave (SUP - SLA) Held in Safety & Development Committee during recess. 32. R-2019-0095 Resolution relative to determination of Special Use Permit for Uniko, a proposed entertainment venue, to be located at 1900 S. 60 St. Sponsors: Safety & Development Committee Attachments: R-2019-0095 signed Held in Safety & Development Committee during recess. 33. 2019-0034 Special Use Permit for Uniko, a proposed entertainment venue, to be located at 1900 S. 60 St. Attachments: Application - Uniko Uniko 1900 S 60 St (SUP-SLA) Held in Safety & Development Committee during recess. City of West Allis Page 10 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 Passed The Block Vote A motion was made by Ald. Lajsic, 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. Euteneier, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 LICENSE & HEALTH COMMITTEE 34. 2019-0075 License applications. Operator License (bartender/sales clerk) applications 2018-2019 and 2018-2020: Couroyer, Lisa M.; Delgado, Thomas; Gerhartz, Gail A.; Hamelin, Tina Marie; Hernandez, Michelle; Hosseini, Gus A.; Jenkins, Bryan P.; Lobins, Shannon M. and Negron, Nelson Adult-Oriented Establishment Operator Permit applications 2018-2019. Forrest, Joshua C. and Sheehan, Angela R. This matter was Approved on a Block Vote 35. 2019-0076 2018-2019 Class B Tavern Special Event Permit application no. 15 of OAR, LLC, Michael C. O'Connor, Agent, d/b/a O'Connor's Perfect Pint, 8423 W. Greenfield Ave. for St. Patrick’s Day Party, Saturday, March 16, 2019, 8:00 a.m. to 11:00 p.m. and Sunday, March 17, 2019, 8:00 a.m. to 9:00 p.m. (Food, tent, and outdoor music with fence across parking lot). First (1st) application for 2018-2019 license year. This matter was Approved on a Block Vote 37. 2019-0060 2018-2020 Operator’s License (bartender/sales clerk) application no. 20-605 of Amanda J. Rumisek. Held in License & Health Committee during recess. 38. 2019-0058 2018-2019 Operator’s License (bartender/sales clerk) application no. 19-564 of Joseph J. Busalacchi. Held in License & Health Committee during recess. City of West Allis Page 11 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 39. 2019-0059 2018-2019 Operator’s License (bartender/sales clerk) application no. 19-566 of Shyanna N. Her. Held in License & Health Committee during recess. 40. 2019-0057 2018-2019 Class B Tavern License application no. 2658 of BF @ GL Properties LLC, Brian V. Felton, Agent, d/b/a Good Land Neighbor Draft, for the premises located at 1309 S. 60th St. (new-existing location). This matter was Approved subject to the necessary requirement(s) on a Block Vote 41. 2019-0055 2018-2019 Class B Beer License application no. 2654, of BTH Pizza LLC, Paul S. Thompson, Agent, d/b/a Blaze Pizza, for the premises located at 10707 W. Cleveland Ave. (new-nonexisting location). Held in License & Health Committee during recess. 42. 2019-0056 2018-2019 Class C Wine License application no. 2655, of BTH Pizza LLC, Paul S. Thompson, Agent, d/b/a Blaze Pizza, for the premises located at 10707 W. Cleveland Ave. (new-nonexisting location). This matter was Approved subject to the necessary requirement(s) on a Block Vote 43. 2019-0043 Communication from Assistant City Attorney regarding D&F Auto Group Inc., 5730 W. Lincoln Ave., d/b/a D&F Auto Group Inc., 2018-2019 Used Vehicle Dealer License #2443 and their lease agreement. Attachments: Attorney comm. D&F Auto Group This matter was Placed on File on a Block Vote Passed The Block Vote A motion was made by Ald. Czaplewski, 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. Euteneier, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 City of West Allis Page 12 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 36. 2019-0071 Application of Transfer of License from Premises to Premises of 2018-2019 Combination Class A Liquor License of State Fair Liquor & Food, Inc. Halder Pabitra, Agent, d/b/a State Fair Liquor & Food Mart, from 1568 S. 81 St. to 9127 W. Lincoln Ave. A motion was made by Ald. Czaplewski, seconded by Ald. Weigel, that this matter was Approved subject to the necessary requirement(s). The motion carried by the following vote: Aye: 8- Ald. Czaplewski, Ald. Euteneier, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 2- Ald. Barczak, and Ald. May ADVISORY COMMITTEE 44. O-2019-0001 An Ordinance to amend Section 2.52(4) of the City of West Allis Revised Municipal Code regarding the creation of two subcommittees of the Tourism Commission, the Farmers Market Committee and the Events Committee. Sponsors: Advisory Committee Attachments: Original RMC Sec. 2.52 Marked Copy shows edits to RMC Sec. 2.52(4) O-2019-0001 signed This matter was Passed on a Block Vote 45. R-2019-0096 Resolution rescinding all previous resolutions relative to the composition of the West Allis Community Celebrations Committee and introducing the West Allis Events Committee. Sponsors: Advisory Committee Attachments: R-2019-0096 signed This matter was Adopted on a Block Vote 46. R-2019-0097 Resolution to establish a West Allis Farmers Market Committee. Sponsors: Advisory Committee Attachments: R-2019-0097 signed This matter was Adopted on a Block Vote 47. 2019-0074 Appointment by Mayor Devine of Carolyn Hahn as an Adult Advisor-School Superintendent’s Designee on the West Allis Youth Commission. Attachments: Hahn Appointment Letter City of West Allis Page 13 Printed on 3/15/2019 Common Council Meeting Minutes February 5, 2019 This matter was Approved on a Block Vote 48. 2019-0077 Reappointments by Mayor Devine of Alderpersons Haass and Vitale as members of the City of West Allis Capital Improvement Committee, their annual terms to expire January 1, 2020. Attachments: Haass Appointment Letter Vitale 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. Euteneier, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 0 N. ADJOURNMENT A motion was made by Ald. Lajsic, seconded by Ald. Vitale, to adjourn at 8:57: p.m., with the next regularly scheduled meeting to be held on February 18, 2019, at 7:00 p.m. The motion carried unanimously. Steven A. Braatz, Jr., 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 14 Printed on 3/15/2019