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, March 3, 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. Haass. D. PUBLIC HEARINGS 1. R-2020-0135 Resolution relative to determination of an Application for a Special Use Permit for a proposed event space, to be located at 1139 S. 70 St. Sponsors: Safety & Development Committee Attachments: Application - Event Space-1139 S 70 St R-2020-0135 signed Explanation by Explanation by Steve Schaer, Manager of Planning and Zoning. Public Comments: Melissa Theesfeld, asked about parking on S. 71 St. and soundproofing. Peggy Wittmann, 700 S. 56 St., asked about the loading zone space. Public Hearing Held. 2. R-2020-0134 Resolution relative to determination of Application for a Special Use Permit for Carrie's Crispies, a proposed limited food production facility, to be located at 7133 W. Becher St. Sponsors: Safety & Development Committee Attachments: Application - Carrie's Crispies R-2020-0134 signed Explanation by Explanation by Steve Schaer, Manager of Planning and Zoning. City of West Allis Page 1 Printed on 3/30/2020 Common Council Meeting Minutes March 3, 2020 Public Comments: Donna Radjenovich, 7126 W. Becher St., expressed concerns with parking in the area. Public Hearing Held. E. CITIZEN PARTICIPATION Brett Blome, 6656 W. Moltke Ave., introduced himself as candidate for Milwaukee County Circuit Court Judge. Rebecca Kiefer, introduced herself as candidate for Milwaukee County Circuit Court Judge Branch 29. Jessica Katzenmeyer, introduced herself as candidate for 15th Assembly District. Daysi Jimenez, and Ben Jimenez, 1566 S. 58 St., thanked the Council for supporting Liberty Heights Neighborhood Association. 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 Mayor Devine announced that the West Allis Youth Commission will hold a Candidate Forum for Districts 1, 4 and 5 on March 23, 2020. H. ALDERPERSON'S REPORT Ald. May thanked Friends of LaFollette Park for the Empty Bowls Event, and announced the Rainbow Gardens Neighborhood Asssociation Winterfest Event. I. APPROVAL OF MINUTES 3. 2020-0151 Minutes (Draft) of the Common Council meeting of February 19, 2020 A motion was made by Ald. Lajsic, seconded by Ald. Stefanski, to approve the minutes of the regular meeting of February 19, 2020. The motion carried unanimously. J. ITEMS NOT REFERRED TO COMMITTEE 4. 2020-0154 Claim by Jeanne Psket regarding damages at 1120 S. 121 St. on January 17, 2020 Attachments: Claim Psket This matter was Referred to the City Attorney for Legal Action on a Block Vote. 5. 2020-0155 Notice of Injury submitted on behalf of Michael D. Rilley regarding injuries and damages at 11301 W. Lincoln Ave. on October 20, 2019 Attachments: Claim - Rilley This matter was Referred to the City Attorney for Legal Action on a Block Vote. 6. 2020-0168 Claim by Dana J. Adams regarding towing reimbursement on or about February 22, 2019 Attachments: Claim - Adams This matter was Referred to the City Attorney for Legal Action on a Block Vote. City of West Allis Page 2 Printed on 3/30/2020 Common Council Meeting Minutes March 3, 2020 7. 2020-0171 Summons and Complaint by Marine Credit Union vs Jerrod Dantzler, et, al., regarding foreclosure of mortgage (Case No. 2020CV001563) Attachments: Claim Marine C/U vs Jerrod Dantzler 2020CV001563 This matter was Referred to the City Attorney for Legal Action on a Block Vote. Passed The Block Vote A motion was made by Ald. May, seconded by Ald. Barczak, to approve all the actions on item nos. 4-7 on a Block Vote. The motion carried unanimously. LICENSE & HEALTH COMMITTEE Item nos. 8-24 were reported out after recess. L. COMMON COUNCIL RECESS A motion was made by Ald. Lajsic, seconded by Ald. Reinke, that the Council recess until completion of the Standing Committee meetings. The motion carried unanimously. Thereupon, the Council took a recess at 7:33 p.m. Upon returning from recess at 8:48 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 25. R-2020-0133 Resolution approving 2020 Engineering Department fund transfers and amending the 2020 Capital Improvement Program Sponsors: Public Works Committee Attachments: 2020-2024 CIP Final Draft for Council Approval Revised 2-25-20ps R-2020-0133 signed This matter was Adopted on a Block Vote. 26. O-2020-0004 Ordinance to amend the City of West Allis Salary Schedule due to the creation of the position of Directional Boring Operator Sponsors: Administration & Finance Committee Attachments: 2020 PAYROLL SCHEDULE - NON-RESIDENT March 3 2020 update O-2020-0004 signed This matter was Passed on a Block Vote. 27. R-2020-0132 Resolution relative to approval of the Employment Contract for the position of City Attorney with Kail Decker Sponsors: Administration & Finance Committee Attachments: City Attorney Employment Contract 2020 This matter was Adopted on a Block Vote. City of West Allis Page 3 Printed on 3/30/2020 Common Council Meeting Minutes March 3, 2020 28. R-2020-0139 Resolution approving a West Allis Neighborhood Association Small Grant Program Focus Grant to East Allis Neighborhood Association in the amount of up to $1,500 Sponsors: Alderperson Vitale Attachments: FOCUS Grant Agreement (3-3-20) R-2020-0139 signed This matter was Adopted on a Block Vote. 29. 2020-0172 Communication from the City Administrator regarding an update to contract negotiations with West Allis Fire Fighters IAFF, Local 342 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 This matter was Placed on File on a Block Vote. 31. 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 Lafollette Park Attorney Letter This matter was Approved on a Block Vote. Passed The Block Vote A motion was made by Ald. Haass, seconded by Ald. Roadt, to approve all the actions on item nos. 25-28 and 30 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 PUBLIC WORKS COMMITTEE 32. R-2020-0133 Resolution approving 2020 Engineering Department fund transfers and amending the 2020 Capital Improvement Program Sponsors: Public Works Committee Attachments: 2020-2024 CIP Final Draft for Council Approval Revised 2-25-20ps R-2020-0133 signed See Legislative File No. R-2020-0133. City of West Allis Page 4 Printed on 3/30/2020 Common Council Meeting Minutes March 3, 2020 33. R-2020-0137 Resolution to approve the agreement with Corridor Film LLC to provide use of Room 128 at City Hall, 7525 W. Greenfield Av., on Saturday, March 7, 2020, from 3-10 pm Sponsors: Public Works Committee Attachments: LOCATION AGREEMENT WEST ALLIS CITY HALL R-2020-0137 signed This matter was Adopted on a Block Vote. 34. R-2020-0138 Resolution to accept the proposals of various nurseries for furnishing and delivering 745 trees for spring planting for a total net sum of $59,773.88 Sponsors: Public Works Committee Attachments: nurseries-accounts 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. 33-34 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 35. R-2020-0136 Resolution approving a Certified Survey Map to consolidate two lots into one lot of record located at 6034 W. National Ave. and 6026 W. National Ave. submitted by Steve Dunn, property owner (Tax Key No. 439-0350-000 & 439-0349-000) Sponsors: Safety & Development Committee Attachments: CSM Appl-Combine 2 Parcels-Dunn's This matter was Adopted on a Block Vote. 36. R-2020-0057 Resolution relative to determination of Special Use Permit for 2011 Massage, a proposed massage business, to be located at 735 S. 108 St. Sponsors: Safety & Development Committee Attachments: Application - 2011 Massage AFFIDAVIT OF PUBLICATION - R-2020-0057 2011 Massage 0004018152 This matter was Disapproved on a Block Vote. City of West Allis Page 5 Printed on 3/30/2020 Common Council Meeting Minutes March 3, 2020 37. R-2020-0135 Resolution relative to determination of an Application for a Special Use Permit for a proposed event space, to be located at 1139 S. 70 St. Sponsors: Safety & Development Committee Attachments: Application - Event Space-1139 S 70 St R-2020-0135 signed This matter was Adopted As Amended on a Block Vote. 38. R-2020-0134 Resolution relative to determination of Application for a Special Use Permit for Carrie's Crispies, a proposed limited food production facility, to be located at 7133 W. Becher St. Sponsors: Safety & Development Committee Attachments: Application - Carrie's Crispies R-2020-0134 signed This matter was Adopted As Amended on a Block Vote. Passed The Block Vote A motion was made by Ald. Lajsic, seconded by Ald. Barczak, to approve all the actions on item nos. 35-38 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 LICENSE & HEALTH COMMITTEE 40. 2020-0183 Presentation regarding options for alcohol service and utilization of Farmers Market Attachments: Farmers Market Licensing Presentation Information only. Staff will provide formal options at a future meeting. No action taken. 8. 2020-0127 2019-2020 Combination Class B Alcohol License application of 1309 Bar LLC, Taylor P. Rusniak, Agent, d/b/a The Crooked Crow, 1309 S. 60 St. (new-existing location) This matter was Approved subject to the necessary requirement(s) on a Block Vote. 9. 2020-0132 2019-2021 Operator’s License (bartender/sales clerk) application of Salvatore M.J. D’Acquisto This matter was Approved on a Block Vote. 10. 2020-0128 2019-2021 Operator’s License (bartender/sales clerk) application of Julio A. Crespo, Jr. This matter was Denied based on the record being substantially related to the licensed activity and the applicant's failure to provide competent evidence of rehabilitation on a Block Vote. City of West Allis Page 6 Printed on 3/30/2020 Common Council Meeting Minutes March 3, 2020 11. 2020-0129 2019-2021 Operator’s License (bartender/sales clerk) application of Ashley M. Kiel This matter was Denied based on the record being substantially related to the licensed activity and the applicant's failure to provide competent evidence of rehabilitation on a Block Vote. 12. 2020-0133 2019-2021 Operator’s License (bartender/sales clerk) application of Rebecca L. Maddison This matter was Approved on a Block Vote. 13. 2020-0134 2019-2021 Operator’s License (bartender/sales clerk) application of Joseph P. Pape This matter was Approved on a Block Vote. 14. 2020-0131 2019-2021 Operator’s License (bartender/sales clerk) application of Joede K. Polezynski This matter was Approved on a Block Vote. 15. 2020-0044 Application for Transfer of License from Premises to Premises of 2019-2020 Combination Class A Liquor License of State Fair Liquor & Food, Inc., Pabitra Halder, Agent, d/b/a State Fair Liquor & Food Mart, from 1568 S. 81 St. to 2248 S. 108 St. Attachments: State Fair Liquor Transfer AFFIDAVIT OF PUBLICATION - 2020-0044 State Fair Liquor Transfer 0003993001 This matter was Placed on File on a Block Vote. 16. 2020-0032 Police Department Report involving Mis Sueños, 7335 W. Greenfield Ave., of Mis Sueños, LLC, Deborah Ann Ramirez, Agent, Incident Date: December 14, 2019 This matter was Placed on File on a Block Vote. 17. 2020-0147 Police Department Report regarding tavern violations/calls for service for the month of January 2020 This matter was Placed on File on a Block Vote. 18. 2020-0148 Police Department Report involving The Spot, 6426 W. Greenfield Ave., Edward Bomback and Lonnie Bald, Partners, Incident Date: January 9, 2020 This matter was Placed on File on a Block Vote. 19. 2020-0149 Police Department Report involving El Sagitario BNC, 907 S. 84 St. of El Sagitario BNC LLC, Pascual Ramos, Agent, Incident Date: January 26, 2020 This matter was Placed on File on a Block Vote. 20. 2020-0150 Police Department Report involving Dingers, 6139 W. Beloit Rd., of Victory Hospitality Group, Steven P. Miick, Agent, Incident Date: January 3, 2020 This matter was Placed on File on a Block Vote. City of West Allis Page 7 Printed on 3/30/2020 Common Council Meeting Minutes March 3, 2020 21. 2020-0061 Police Department Report involving The Alibi, 6540 W. Grant St., Alibi Taverns LLC, Melissa M. Bayer, operator (bartender/sales clerk) 2019-2021 license no. 8381, Incident Date: December 29, 2019 This matter was Placed on File on a Block Vote. 22. O-2019-0049 Ordinance to Repeal Section 9.01 of the West Allis Municipal Code relating to removing the local quota on retail alcohol licenses Sponsors: Alderperson Weigel This matter was Placed on File on a Block Vote. 23. 2017-0753 Communication from Building Inspections and Neighborhood Services Department regarding an update on inspections for the Gun Range License renewal application for the premise located at 2465 S. 84 St. Attachments: Com. update on 2465 S. 84 St. This matter was Placed on File on a Block Vote. 24. 2019-0420 Communication from Assistant City Attorney regarding list of licensed/permitted businesses with delinquent personal property taxes: dated June 5, 2019 Attachments: CA comm re PPT Non-payment Ltr 2018 This matter was Placed on File on a Block Vote. 39. 2020-0153 License Applications Operator’s (bartender/sales clerk) License applications 2019-2021: Katka, Susan E. Medved, Beth A. Rogers, Lillian F. Stark, Anthony J. Used Vehicle Dealer License application 2020-2021: d/b/a MJ Motors, MJ Motors, LLC, 6747 W. Lincoln Ave., Minerva I. Sanchez This matter was Approved subject to the necessary requirement(s) 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 item nos. 8-24 and 39 on a Block Vote. The motion carried by the following vote: City of West Allis Page 8 Printed on 3/30/2020 Common Council Meeting Minutes March 3, 2020 ADVISORY COMMITTEE 41. R-2020-0140 Resolution of recognition of the Liberty Heights Park Neighborhood Association Sponsors: Alderperson Vitale Attachments: Application - Liberty Heights Park Bylaws - Liberty Heights Park R-2020-0140 signed This matter was Approved on a Block Vote. 44. 2020-0174 Reappointments by Mayor Devine to the West Allis Plan Commission of Jon Keckeisen and Eric Torkelson, their three-year terms to expire April 30, 2023 Attachments: KECKEISEN AND TORKELSON.PLAN 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. 41 and 44 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 42. R-2020-0144 Resolution in support of 2019 Assembly Bill 805 relating to recommendation to revoke parole, probation, and extended supervision if a person is charged with a crime. Sponsors: Alderperson Stefanski A motion was made by Ald. Reinke, seconded by Ald. Vitale, that this matter be Placed on File. The motion carried by the following vote: Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 1- Ald. Stefanski 43. 2020-0173 Appointment by Mayor Devine of Mr. Doug Kaho as an Alternate Member #2 of the West Allis Board of Appeals, his three-year term to expire May 1, 2023 Attachments: KAHO.APPEALS A motion was made by Ald. Reinke, seconded by Ald. Lajsic, that this matter be Approved. The motion carried by the following vote: Aye: 9- Ald. Barczak, Ald. Czaplewski, Ald. May, Ald. Haass, Ald. Lajsic, Ald. Reinke, Ald. Roadt, Ald. Vitale, and Ald. Weigel No: 1- Ald. Stefanski City of West Allis Page 9 Printed on 3/30/2020 Common Council Meeting Minutes March 3, 2020 N. ADJOURNMENT A motion was made by Ald. Lajsic, seconded by Ald. Vitale, to adjourn at 8:54 p.m., with the next regularly scheduled meeting to be held on March 17, 2020, at 7:00 p.m. The motion carried unanimously. /s/ 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 10 Printed on 3/30/2020