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, Kevin Haass, Michael P. May, Rosalie L. Reinke, Daniel J. Roadt, Tracy Stefanski, Vincent Vitale, and Martin J. Weigel Tuesday, February 4, 2020 7:02 PM City Hall, Common Council Chambers 7525 W. Greenfield Avenue A. CALL TO ORDER The meeting was called to order by Mayor Devine at 7:02 p.m. B. ROLL CALL Present 10 - Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Stefanski, Ald. Vitale, and Ald. Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Barczak. D. PUBLIC HEARINGS 1. R-2020-0059 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of W. Euclid Ave. from S. Villa Cr. to S. 119 St. and W. Lakefield Ave. from S. 122 St. to east of S. 119 St. by concrete reconstruction, driveway repair, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services, utility adjustments and storm underdrain Sponsors: Public Works Committee Attachments: R-2020-0059 signed Explanation by Peter Daniels, City Engineer. Appearances: Sharon Sinkova, 12011 W. Lakefield Circle, asked about sidewalks and curbs. Alfred Sumrall, 3108 S. 119 St., asked about a final bill, the discount for a corner lot, and how this road construction benefits him. Public Hearing Held. City of West Allis Page 1 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 2. 2020-0047 On the 2019-2020 Combination Class B Alcohol License for Jagers LLC, Markus Gorsic, Agent, d/b/a Da Bar, for the premises located at 1900 S. 60 St. (new-nonexisting location) in regard to exceeding the Combination Class B Alcohol License Quota Attachments: Da Bar PH 1-21-20 Explanation by Steven A. Braatz, Jr., City Clerk. Appearances: Peggy Whittman, 700 S. 56 St., is opposed to another bar opening in the area. Public Hearing Held. E. CITIZEN PARTICIPATION Tasha, Eleanor, Zachariah and Aaron Cowap, 1443 S. 59 St., thanked the City for offering more family friendly activities, especially the most recent ice rink and family skating event hosted by Kegel's Inn and The Public Table, and is in support to keeping the street closed, which improves traffic flow in the neighborhood. F. ANNOUNCEMENT OF RECESS MEETINGS OF STANDING COMMITTEES Mayor Devine announced that the following Standing Committees would meet during recess: Administration & Finance, Public Works, Safety & Development, License & Health, and Advisory. G. MAYOR'S REPORT None. H. ALDERPERSON'S REPORT Ald. Stefanski congratulated the winners of the Miss West Allis Scholarship Pageant: Miss West Allis Outstanding Teen 2020, Alyssa Harmon, and Miss West Allis 2020, Glo Koniezcny. Ald. May thanked the Cowap family for getting involved and speaking at the Council meeting; thanked the Rainbow Garden Neighborhood Association for hosting a candidate forum for the 5 candidates for District 3 Alderperson; and announced the upcoming candidate forum being hosted by the Youth Commission for District 3 Alderperson. Ald. Lajsic thanked Ald. May for live streaming the Rainbow Garden Neighborhood Association forum. I. APPROVAL OF MINUTES 3. 2020-0097 Minutes (Draft) of the Common Council meeting of January 21, 2020 Attachments: 01212020 CC Minutes.draft A motion was made by Ald. Lajsic, seconded by Ald. Reinke, that this matter be Approved. The motion carried unanimously. City of West Allis Page 2 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 J. ITEMS NOT REFERRED TO COMMITTEE 4. 2020-0066 Claim by Jason Guel regarding return of property on or about October 28, 2019 Attachments: Claim - Guel This matter was Referred to the City Attorney for Legal Action on a Block Vote. 5. 2020-0067 Claim by WE Energies regarding damages at 2452 S. 81 St. on January 9, 2020 Attachments: Claim WE We Energies Invoice This matter was Referred to the City Attorney for Legal Action on a Block Vote. 6. 2020-0089 Claim by Michael Ermish regarding vehicle damages at 3328 S. 113 St. on January 27, 2020 Attachments: Claim Ermish This matter was Referred to the City Attorney for Legal Action on a Block Vote. 7. 2020-0090 Claim by Timothy Klapp regarding vehicle damages at S. 92 St. and W. Becher Pl. on January 19, 2020 Attachments: Claim Klapp This matter was Referred to the City Attorney for Legal Action on a Block Vote. 8. 2020-0092 Claim by Lafollette Park, LLC regarding recovery of unlawful taxes at 720 S. 92 St. for the year 2019 Attachments: Claim LaFollette Park LLC This matter was Referred to the City Attorney for Legal Action on a Block Vote. 9. 2020-0093 Claim by Todd Farnham regarding personal injury at 2660 S. 75 St. on October 1, 2019 Attachments: Claim Farnham This matter was Referred to the City Attorney for Legal Action on a Block Vote. 10. 2020-0094 Summons and Complaint by Waterstone Bank vs Brunner, et, al., regarding foreclosure of mortgage (Case No. 2020CV000381) Attachments: Waterstone Bank Foreclosure 2020CV000381 This matter was Referred to the City Attorney for Legal Action on a Block Vote. 11. 2020-0105 Claim by Guy Stadney regarding vehicle damages at 1971 S. 70 St. on January 18, 2020 Attachments: Claim - Stadley Claim - Guy Stadney amended This matter was Referred to the City Attorney for Legal Action on a Block Vote. City of West Allis Page 3 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 Passed The Block Vote A motion was made by Ald. May, seconded by Ald. Stefanski, to approve all the actions on item nos. 4-11 on a Block Vote. The motion carried unanimously. K. STANDING COMMITTEE REPORTS LICENSE & HEALTH COMMITTEE Item nos. 12-25 of the License & Health Committee were reported out after recess. L. COMMON COUNCIL RECESS A motion was made by Ald. Lajsic, seconded by Ald. Vitale, that the Council recess until completion of the Standing Committee meetings. The motion carried unanimously. Thereupon, the Council took a recess at 7:38 p.m. Upon returning from recess at 9:40 p.m., and the roll call being taken, the following were present: Present 10 - Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Stefanski, Ald. Vitale, and Ald. Weigel M. NEW AND PREVIOUS MATTERS ADMINISTRATION & FINANCE COMMITTEE 26. R-2020-0066 Resolution to approve bid of Illingworth-Kilgust Mechanical, Inc. in the amount of $244,444 to furnish and install the air-cooled chiller at the West Allis Police Department as well as authorizing a budget transfer to fund this initiative Sponsors: Public Works Committee Attachments: R-2020-0066 signed This matter was Adopted on a Block Vote. 27. R-2020-0067 Resolution authorizing the City of West Allis to enter into a two year contract with Health Joy effective March 1, 2020 to provide the Health Joy application for active employees Sponsors: Administration & Finance Committee Attachments: HealthJoy for Employees (9 Page) (2) DocuSign_Requested_HealthJoy_Client_Program_ R-2020-0067 signed This matter was Adopted As Amended on a Block Vote. City of West Allis Page 4 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 28. R-2020-0068 Resolution amending City of West Allis Policies & Procedures Manual Policy no. 1102 “Risk Management and Insurance Requirements” to amend the umbrella liability coverage requirement from five million dollars ($5,000,000) to two million dollars ($2,000,000) Sponsors: Administration & Finance Committee Attachments: 1102 Risk Management R-2020-0068 signed This matter was Adopted As Amended on a Block Vote. 29. R-2020-0071 Resolution to approve intergovernmental agreement with City of Milwaukee to provide law enforcement services for the 2020 Democratic National Convention Sponsors: Administration & Finance Committee Held in Administration & Finance Committee during recess. 30. O-2019-0041 Charter Ordinance No. 24 increasing the total number of aldermanic districts and reducing the number of alderpersons per aldermanic district Sponsors: Alderperson Barczak Held in Administration & Finance Committee during recess. 31. 2014-0013 Jeffrey Cottrell communication regarding property damages allegedly sustained at 856 S. 74 St. reported to the Department of Public Works on December 27, 2013. Attachments: Claims Report-February 4, 2020-With Old Claim This matter was Placed on File on a Block Vote. 32. 2019-0882 Claim by Janine Gross regarding vehicle damages at 6300 W. McGeoch Ave. on September 25, 2019 Attachments: Claim - Gross Claims Report-February 4, 2020-With Old Claim This matter was Placed on File on a Block Vote. 34. 2020-0024 Claim by Sarah Micheel regarding injury to pet at the West Allis Dog Park on December 20, 2019 Attachments: 2020-0024 Claim - Sarah Micheel 1-21-2020_Redacted Claims Report-February 4, 2020-With Old Claim Denial Ltr - Micheel- CL-20-01 This matter was Denied on a Block Vote. 35. 2019-0775 Claim by Ken Lepak regarding property loss at 2020 S. 95 St. on August 16, 2019 Attachments: Claim - Lepak Claims Report-February 4, 2020-With Old Claim This matter was Denied on a Block Vote. City of West Allis Page 5 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 36. 2019-0936 Claim by Mary Merrill regarding loss of rent at 1570 S. 80 St. on September 1, 2019 Attachments: Claim - Mary Merrill Claims Report-February 4, 2020-With Old Claim This matter was Denied on a Block Vote. Passed The Block Vote A motion was made by Ald. Haass, seconded by Ald. Weigel, to approve all the actions on item nos. 26-78, 31-32 and 34-36 on a Block Vote. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Stefanski, Ald. Vitale, and Ald. Weigel No: 0 33. 2020-0005 Claim by Alexander J. Moris regarding towing reimbursement and vehicle damages at 894 North, W. National Ave. off ramp on December 12, 2019 Attachments: Claim Moris Claims Report-February 4, 2020-With Old Claim Denial Ltr - Moris- CL-19-49 A motion was made by Ald. Haass, seconded by Ald. Roadt, that this matter was Denied. The motion carried by the following vote: Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Stefanski, Ald. Vitale, and Ald. Weigel No: 1- Ald. Roadt PUBLIC WORKS COMMITTEE 37. R-2020-0052 Resolution accepting work of J&A Pohl, Inc. for concrete pavement patching, concrete curb & gutter, manhole adjustments and utility adjustments in various locations throughout City of West Allis and authorizing and directing settlement of said contract in accordance with contract terms of 2018 Project No. 6 for final payment in the amount of $14,576.51 of the $285,875.81 total project cost Sponsors: Public Works Committee Attachments: R-2020-0052 signed This matter was Adopted on a Block Vote. 38. R-2020-0064 Resolution to approve the extension of a parking lot lease contract by and between the City of West Allis and CTR Partnership, L.P., property owner for the property located at 7400 W. Greenfield Ave. Sponsors: Alderperson Barczak Attachments: DOCS-#89343-v3-West_Allis_parking_lease R-2020-0064 DOCS-#89343-v5-West_Allis_parking_lease KJD edits 2-10-20 Held in Public Works Committee during recess. City of West Allis Page 6 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 39. R-2020-0065 Resolution to approve bid of LaLonde Contractors, Inc. for the installation of concrete curb and gutter, concrete pavement, concrete sidewalk, driveway replacement, sanitary sewer relay, storm sewer, storm sewer relay, water main relay, building services and utility adjustments in W. Grant St. from S. 60 St. to W. Beloit Rd. within the City of West Allis in the amount of $1,225,246.27 Sponsors: Public Works Committee Attachments: R-2020-0065 signed This matter was Adopted on a Block Vote. 40. 2020-0036 Communication from City Engineer regarding the WisDOT bid opening for the reconstruction of National Ave. from S. 76 St. to S. 82 St. Attachments: COMM-2020 - National Avenue - 76 - 82 (2) This matter was Placed on File on a Block Vote. 41. 2020-0102 Discussion regarding the clearing of curb ramps This matter was Placed on File on a Block Vote. 42. R-2020-0033 Resolution relative to the Notice of Hearing for the Vacation and Discontinuance of a portion of S. 59 St. City right-of-way between W. National Ave. and W. Greenfield Ave. Sponsors: Safety & Development Committee Attachments: Location Desc - S 59 St Vacation Hearing Notice & Map - S 59 St. (v2) R-2020-0033 signed This matter was Adopted As Amended on a Block Vote. 43. R-2020-0034 Resolution relative to the Notice of Hearing for the Vacation and Discontinuance of a portion of unimproved S. 113 St. City right-of-way between W. Lapham St. and W. Mitchell St. requested by John Nix of Crown Enterprises, Inc. Sponsors: Safety & Development Committee Attachments: Application - Alley Vacation - S 113 St. Aerial S 113 St (Vacation) Hearing Notice & Map - S 113 St. (v2) This matter was Placed on File on a Block Vote. City of West Allis Page 7 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 44. R-2020-0059 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of W. Euclid Ave. from S. Villa Cr. to S. 119 St. and W. Lakefield Ave. from S. 122 St. to east of S. 119 St. by concrete reconstruction, driveway repair, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services, utility adjustments and storm underdrain Sponsors: Public Works Committee Attachments: R-2020-0059 signed This matter was Adopted on a Block Vote. 45. R-2020-0061 Final Resolution authorizing public improvement by concrete reconstruction, driveway repair, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services, utility adjustments and storm underdrain in W. Euclid Ave. from S. Villa Cr. to S. 119 St. and W. Lakefield Ave. from S. 122 St. to east of S. 119 St. and levying special assessments against benefited properties Sponsors: Public Works Committee Attachments: R-2020-0061 signed This matter was Adopted on a Block Vote. Passed The Block Vote A motion was made by Ald. Barczak, seconded by Ald. Vitale, to approve all the actions on item nos. 37-45 on a Block Vote. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Stefanski, Ald. Vitale, and Ald. Weigel No: 0 SAFETY & DEVELOPMENT COMMITTEE 46. 2020-0095 Village of West Milwaukee Notice of Public Hearing scheduled for February 3, 2020, 7:00 p.m., to consider amending the Zoning Ordinance to add short term rentals as a permitted use, Bed and Breakfast as a conditional use Attachments: Village of West Milwaukee Notice of Public Hearing A motion was made by Ald. Lajsic, seconded by Ald. Reinke, that this matter be Placed on File. The motion carried unanimously. City of West Allis Page 8 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 LICENSE & HEALTH COMMITTEE 47. R-2020-0072 Resolution to approve the transfer of one reserve “Class B” license to the Village of Hales Corners Sponsors: License & Health Committee A motion was made by Ald. Czaplewski, seconded by Ald. Roadt, that this matter be Placed on File. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Stefanski, Ald. Vitale, and Ald. Weigel No: 0 47a. 2020-0111 Summons and Complaint in the matter of the complaint against Melissa M. Bayer, for the premises near 6540 W. Grant St., on December 29, 2019, (2019-2021 Operator bartender/sales clerk License no. 8381 expiring June 30, 2021) Attachments: S&C M. Bayer This matter was Approved to accept the summons and complaint as true and revoke the Operator’s License previously issued to Melissa M. Bayer on a Block Vote. 49. 2020-0098 2019-2020 Combination Class B Alcohol License application of 5th District Pub, Inc., Joseph E. Lynch, Agent, d/b/a Lynch’s, 2300 S. 108 St. (new-existing location) This matter was Approved subject to the necessary requirement(s) on a Block Vote. 50. 2020-0107 Schedule for Successor of Agent John Roots, by Calhoun BBQ, Inc., d/b/a Natty Oaks Pub & Eatery, located at 11505 W. National Ave. This matter was Approved subject to the necessary requirement(s) on a Block Vote. 51. 2020-0096 License applications Operator's License (bartender/sales clerk) applications 2019-2021: Casas, Armando DeJesus, Brittany A. Moen, Brittany R. Polczynski, Chad J. This matter was Approved on a Block Vote. 12. 2019-0945 Police Department Report involving Slurp-n-Burp Fun Bar, 1454 S. 92 St., of R & K Entertainment Enterprises, LLC, Robert M. Lucas, Agent. Incident Date: November 1, 2019 This matter was Placed on File on a Block Vote. 13. 2019-0947 Police Department Report involving Uncle Festers, 5732 W. Mitchell St., of Uncle Festers LLC, Ashley Kapalczynski, Agent, Incident Date: November 4, 2019 This matter was Placed on File on a Block Vote. City of West Allis Page 9 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 14. 2019-0949 Police Department Report involving JC’s Pub & Grub, 8028 W. National Ave., of JC’s Pub, Inc., Jeffery Clark, Agent, Incident Date: November 9, 2019 This matter was Placed on File on a Block Vote. 15. 2020-0027 Police Department Report regarding tavern violations/calls for service for the month of December 2019 Attachments: Tavern report Dec2019 corrected version_Redacted This matter was Placed on File on a Block Vote. 16. 2020-0028 Police Department Reports regarding December 2019 Tobacco and Alcohol/Tavern compliance check reports; and the Wisconsin Clean Air Act Smoking Ban Report. No violations reported This matter was Placed on File on a Block Vote. 17. 2020-0029 Police Department Report involving Dopp's Bar & Grill, 1753 S. 68 St. of Doppelgangers, Inc., Tammy L. Dopp, Agent, Incident Date: December 6, 2019 This matter was Placed on File on a Block Vote. 18. 2020-0030 Police Department Report involving The Drunk Uncle, 1902 S. 68 St., of Steffek LLC, Neal A. Steffek, Agent, Incident Date: December 7, 2019 This matter was Placed on File on a Block Vote. 19. 2020-0075 Police Department Report involving Tap City U.S.A., 7207 W. National Ave., Tap City, Inc., Yvonne M. Hoeft, operator (bartender/sales clerk) 2019-2021 license no. 8304, Incident Date: December 16, 2019 This matter was Placed on File on a Block Vote. 20. 2020-0031 Police Department Report involving Tap City U.S.A., 7207 W. National Ave., Tap City, Inc., Philip Kleist, Agent, Incident Date: December 16, 2019 This matter was Placed on File on a Block Vote. 21. 2020-0033 Police Department Report involving Las Palmas, 1901 S. 60 St., of ARH Enterprises, LLC, Hugo J. Juarez, Agent, Incident Date: December 24, 2019 This matter was Placed on File on a Block Vote. 22. 2020-0062 2019-2021 Operator’s License (bartender/sales clerk) application of Angela M. Gruchalski This matter was Approved on a Block Vote. 23. 2020-0063 2019-2021 Operator’s License (bartender/sales clerk) application of Tanya R. Krolicki This matter was Approved on a Block Vote. 24. 2020-0064 2019-2021 Operator’s License (bartender/sales clerk) application of Jacqueline L. Miller This matter was Approved on a Block Vote. City of West Allis Page 10 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 25. 2020-0065 2019-2021 Operator’s License (bartender/sales clerk) application of Cora A. Schmidt This matter was Approved on a Block Vote. Passed The Block Vote A motion was made by Ald. Czaplewski, seconded by Ald. Roadt, to approve all the actions on item nos. 12-25, 47a, and 49-51 on a Block Vote.The motion carried unanimously. 48. 2020-0099 2019-2020 Combination Class B Alcohol License application of Jagers LLC, Markus Gorsic, Agent, d/b/a Da Bar, 1900 S. 60 St. (new-nonexisting location) 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: 6- Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Vitale, and Ald. Weigel No: 4- Ald. Barczak, Ald. Reinke, Ald. Roadt, and Ald. Stefanski ADVISORY COMMITTEE 52. O-2020-0002 Ordinance to repeal and recreate Sec. 2.08 of the West Allis Municipal Code to allow for split shifts of election inspectors and alternate election officials Sponsors: Alderperson Reinke Attachments: O-2020-0002 signed This matter was Passed on a Block Vote. 53. R-2020-0056 A Resolution in Support of the National League of Cities’ Leading Together Cities Agenda for the 2020 U.S. Presidential Election Sponsors: Advisory Committee Held in Advisory Committee during recess. 54. 2020-0106 Appointment by Mayor Devine of Mr. David Raschka as the Plan Commission Member of the West Allis Capital Improvement Committee, his term to expire April 30, 2022 Attachments: RASCHKA.CAP IMP 02-07-2020 This matter was Approved on a Block Vote. Passed The Block Vote A motion was made by Ald. Reinke, seconded by Ald. May, to approve all the actions on item nos. 52 and 54 on a Block Vote. The motion carried by the following vote: Aye: 10 - Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Stefanski, Ald. Vitale, and Ald. Weigel No: 0 City of West Allis Page 11 Printed on 2/20/2020 Common Council Meeting Minutes February 4, 2020 N. ADJOURNMENT A motion was made by Ald. Lajsic, seconded by Ald. Vitale, to adjourn at 10:00 p.m., with the next regularly scheduled meeting to be held on Wednesday, February 19, 2020, 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 12 Printed on 2/20/2020