Common Council

City of West Allis Meeting Minutes Common Council Mayor Dan Devine, Chair Alderperson Thomas G. Lajsic, Council President Alderpersons: Suzzette Grisham, Kevin Haass, Danna Kuehn, Thomas G. Lajsic, Rosalie L. Reinke, Daniel J. Roadt, Tracy Stefanski, Angelito Tenorio, Vincent Vitale, and Martin J. Weigel Tuesday, January 19, 2021 7:12 PM City of West Allis YouTube Channel VIRTUAL REGULAR MEETING City of West Allis YouTube Channel https://www.youtube.com/user/westalliscitychannel/live A. CALL TO ORDER The meeting was called to order by Mayor Devine at 7:12 p.m. B. ROLL CALL Present 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Vitale, and Weigel Excused 1- Tenorio C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Lajsic. D. PUBLIC HEARINGS 1. R-2021-0021 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 82 St. from W. Rogers St. to W. Burnham St. and S. 82 St. from W. Greenfield Ave. to W. National Ave. by concrete reconstruction with miscellaneous walk repair, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments Sponsors: Public Works Committee Attachments: Council Hearing 1-19-21 - S. 82 Sts. Explanation by Peter Daniels, City Engineer. Public Comments: None. Public Hearing Held. F. MAYOR'S REPORT None. E. MOTION TO SUSPEND THE RULES TO ALLOW ALTERNATE ORDER OF BUSINESS A motion was made by Lajsic, seconded by Grisham, that under 3.05(29) of the Revised Municipal Code to suspend the rules to allow for the ultimate order of business on this meeting's agenda. The motion carried unanimously. City of West Allis Page 1 Printed on 2/3/2021 Common Council Meeting Minutes January 19, 2021 G. ALDERPERSON'S REPORT None. H. APPROVAL OF MINUTES 2. 2021-0060 Minutes (Draft) of the Common Council meeting of January 5, 2021 Attachments: 010521 CC Minutes.draft A motion was made by Lajsic, seconded by Grisham, that this matter be Approved. The motion carried unanimously. I. ITEMS NOT REFERRED TO COMMITTEE 3. 2021-0061 Summons and Complaint by Dexter Johnson alleging constitutional violations on January 9, 2019, at 901 N. 9th Street (Case 19-C-1703) Attachments: 2021-0061 US District Court Eastern Dist of WI Screening Order Dexter Johnson 2021-0061 Complaint Dexter Johnson This matter was Referred for Legal Action to the City Attorney on a Block Vote. 4. 2021-0062 Claim by Eric Weier regarding property damage at 926 S. 111 St. on November 11, 2020 Attachments: 2021-0062 Claim -Eric Weier This matter was Referred for Legal Action to the City Attorney on a Block Vote. 5. 2021-0063 Claim by Rachel Israel regarding parking tickets Attachments: 2021-0063 Claim -Rachel Israel This matter was Referred for Legal Action to the City Attorney on a Block Vote. Passed The Block Vote A motion was made by Lajsic, seconded by Haass, to approve all the actions on item nos. 3, 4 & 5 on a Block Vote. The motion carried unanimously. J. STANDING COMMITTEE REPORTS SAFETY & DEVELOPMENT COMMITTEE 6. O-2021-0001 Ordinance to amend the Official West Allis Zoning Map section 12.05 to rezone property located at 19** S. 76 St. from M-1, light manufacturing to C-2, Neighborhood Commercial District Sponsors: Safety and Development Committee Attachments: O-2021-0001 Exhibit A (O-2021-0001) This matter was Passed on a Block Vote. City of West Allis Page 2 Printed on 2/3/2021 Common Council Meeting Minutes January 19, 2021 7. O-2021-0004 Ordinance to amend the Official West Allis Zoning Map section 12.05 to rezone certain properties zoned M-1, light industrial to M-2, heavy industrial Sponsors: Safety and Development Committee Attachments: O-2021-0004 Exhibit A (O-2021-0004) O-2021-0004 Email of concern O-2021-0004 (as amended) Area Maps (1-19-21 as amended) This matter was Passed on a Block Vote. Passed The Block Vote A motion was made by Lajsic, seconded by Haass, to approve all the actions on item nos. 6 & 7 on a Block Vote. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Vitale, and Weigel No: 0 K. CONSENT 8. R-2021-0032 Resolution to amend an existing Professional Services Contract with AECOM Technical Services, Inc. to provide design engineering services for two Green Solutions parking lots in the Business Improvement District, for an amount not to exceed $97,800 Sponsors: Public Works Committee Attachments: DT_Parking_Lots_Scope&Fee_Draft_01-11-2021 AMENDED WORKORD 1 - BID Parking Lots - 01-12-2021 Adopted on a Consent Vote. 9. R-2021-0033 Resolution to authorize the Director of Public Works to amend an existing professional services contract with Baxter & Woodman Consulting Engineers to provide engineering services for the City of West Allis Department of Public Works for the completion of phase 3 of the optimized corrosion control treatment study for an amount not to exceed $70,900 Sponsors: Public Works Committee Attachments: West Allis OCCT Study Phase 3 Proposal Adopted on a Consent Vote. 10. R-2021-0037 Resolution relative to the Agreement with the Village of Greendale for Public Health Services for the year 2021 Sponsors: Administration and Finance Committee City of West Allis Page 3 Printed on 2/3/2021 Common Council Meeting Minutes January 19, 2021 Attachments: Greendale_2021 Contract 2021 Greendale Appendix A Res_R-2021-0037 Res_R-2021-0037 signed Adopted on a Consent Vote. 11. R-2021-0038 Resolution to amend City of West Allis Policies and Procedures Manual Policy No. 1410 relating to clarifying years of service increment requirements for time off accrual rates Sponsors: Administration and Finance Committee Attachments: Res_R-2021-0038 R-2021-0038 - Resolution Exhibit A Policy 1410 Amendment Adopted on a Consent Vote. 13. R-2021-0040 Resolution Granting a Privilege for Encroachment (Major) to New Owner Caminowa LLC for property located at 7211-13 W. Greenfield Ave. (Tax Key No. 453-0089-000). Sponsors: Public Works Committee Attachments: Res_R-2021-0040 PoE Caminowa 7211Greenfield - CA Approved PoE Caminowa 7211Greenfield 1-19-21 Res_R-2021-0040 signed PoE Caminowa 7211Greenfield - CA Approved Adopted on a Consent Vote. 14. R-2021-0021 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 82 St. from W. Rogers St. to W. Burnham St. and S. 82 St. from W. Greenfield Ave. to W. National Ave. by concrete reconstruction with miscellaneous walk repair, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments Sponsors: Public Works Committee Attachments: Council Hearing 1-19-21 - S. 82 Sts. Adopted on a Consent Vote. 15. R-2021-0022 Final Resolution authorizing public improvement by concrete reconstruction with miscellaneous walk repair, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services and utility adjustments in S. 82 St. from W. Rogers St. to W. Burnham St. and S. 82 St. from W. Greenfield Ave. to W. National Ave. and levying special assessments against benefited properties City of West Allis Page 4 Printed on 2/3/2021 Common Council Meeting Minutes January 19, 2021 Sponsors: Public Works Committee Attachments: Res_R-2021-0022 signed Adopted on a Consent Vote. 16. R-2021-0044 Resolution relative to accepting the sole source proposal of GRG Playscapes of Milwaukee to design and install a natural playscape at the Burnham Pointe Park as part of the Burnham Pointe Better Block project for an amount not to exceed $90,000 Sponsors: Administration and Finance Committee Attachments: Res_R-2021-0044 Res_R-2021-0044 signed Adopted on a Consent Vote. 17. 2021-0028 Report of the Municipal Judge for the month of December 2020, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $94,857.22 Attachments: Municipal Judge December 2020 Placed on File on a Consent Vote. 18. 2021-0029 Finance Director/Comptroller submitting report for December 2020 indicating City of West Allis checks issued in the amount of $2,876,010.13 Attachments: December 2020 Monthly Claims Report to CC Placed on File on a Consent Vote. 19. 2014-0416 Notice of Claim submitted on behalf of Reginald E. Bien-Aime relative to injuries and damages allegedly sustained at 1704 S. 69 St. on or about April 22, 2014 Attachments: Claims Report-January 19, 2021-With Old Claims Placed on File on a Consent Vote. 20. 2014-0167 Joyce DeMeyer communication regarding personal property damage allegedly sustained at 1034 S. 90 St Placed on File on a Consent Vote. 21. 2014-0099 Kim P. Elmer communication regarding vehicle damages allegedly sustained at 2530 S. 98 Street on February 11, 2014 Attachments: Claims Report-January 19, 2021-With Old Claims Claims Report-January 19, 2021-With Old Claims Placed on File on a Consent Vote. 22. 2015-0072 Notice of Claim and Claim for Damages submitted on behalf of Francisco Robles and Xinia L. Cambronero relative to injuries and damages allegedly sustained on or about September 28, 2014 City of West Allis Page 5 Printed on 2/3/2021 Common Council Meeting Minutes January 19, 2021 Attachments: 2015-0072 Claims Report-January 19, 2021-With Old Claims Placed on File on a Consent Vote. 23. 2014-0232 William H. McCarver Notice of Claim against the City of West Allis, et al. Attachments: Claims Report-January 19, 2021-With Old Claims Placed on File on a Consent Vote. 24. 2013-0110 William McCarver Notice of Claim relative to an incident on September 25, 2012 at 2223 S. 72 St. Attachments: Claims Report-January 19, 2021-With Old Claims Placed on File on a Consent Vote. 25. 2021-0022 Summons and Complaint by Willie Martez McBride alleging civil rights violation (Case 18-CV-02032-LA) Attachments: 2021-0022 Claim - Willie Martez McBride Settlement letter to council re McBride Placed on File on a Consent Vote. 26. 2021-0011 2020-2021 Class B Tavern License application of Lo ‘n Slo LLC, Mark S. Timber, Agent, d/b/a Double B’s, 7412 W. Greenfield Ave., (new-nonexisting location) Attachments: Double B's redacted Approved on a Consent Vote. 27. 2021-0064 Review of license applicant background checks for consideration of possible approval or denial Operator's License (Bartender/Sales Clerk) applications 2020-2022: Anton, Jeanne Pamela Barbian, Nicole Renee Beck, Erica, Lynn Boehnen, Nicholas Robert Chauhan, Luvkarn Singh Ciavdio, Jose Cortez, Cassandra Erin Evans, Amy T Evans, Taylor Shay Gonzalez, Amanda Jo Kowalski, Raymond Mark Martinez, Maria Guadalupe Peters, Codi Alexis Putnam, Emily Ann Shroble, Andrew Reid Adult Oriented Establishment Operator Permit 2020-2021: Caravello, Debra Lynn City of West Allis Page 6 Printed on 2/3/2021 Common Council Meeting Minutes January 19, 2021 Used Vehicle Dealer License 2020-2021: Pope Auto Worx, 10214 W. Greenfield Avenue, Nicholas Joseph Pope, Agent Approved on a Consent Vote. 28. 2021-0067 Reappointment by Mayor Devine of Barbara Janusiak as a member of the West Allis Board of Health, under the guidelines of the ordinance pertaining to limitation on consecutive terms for members of Boards and Commissions, her two-year term to expire January 1, 2023 Approved on a Consent Vote. 29. 2021-0039 Appointment by Mayor Devine of Mr. Jim Lisinski as a member of the West Allis Community Development Authority, his four-year term to expire October 1, 2025 Approved on a Consent Vote. Passed The Block Vote Ald. Grisham requested Agenda Item #12 be divided out. A motion was made by Lajsic, seconded by Vitale, to approve all the actions on item nos. 8 -11, and 13 - 29 on a Block Vote. The motion carried unanimously. 12. R-2021-0039 Resolution to consider funding $253,902 in grants from the established CDBG-CV Small Business Innovation Grant Program Sponsors: Administration and Finance Committee Attachments: Res_R-2021-0039 Applicant List and Recommended Grants Res_R-2021-0039 signed A motion was made by Lajsic, seconded by Kuehn, that this matter be Adopted. The motion carried unanimously. Aye: 8- Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Vitale, and Weigel No: 0 Abstain: 1- Grisham L. ITEMS REFERRED TO COMMITTEES 30. R-2021-0047 Resolution to amend the 2021 fee schedule to include a structure fire fee and amend the Candidate Physical Agility Test (CPAT) Fee Sponsors: Alderperson Haass This matter was Referred to the Administration and Finance Committee on a Block Vote. 31. O-2021-0005 Ordinance to amend City of West Allis Municipal Code 5.03(8) to add a Structure Fire Fee Sponsors: Alderperson Haass City of West Allis Page 7 Printed on 2/3/2021 Common Council Meeting Minutes January 19, 2021 Attachments: Ord_O-2021-0005 This matter was Referred to the Administration and Finance Committee on a Block Vote. Passed The Block Vote A motion was made by Stefanski, seconded by Reinke, to approve all the actions on item nos. 30 & 31 on a Block Vote. The motion carried unanimously. 32. O-2021-0006 Ordinance to create Special Event Permits and repeal Parade and Carnival Permits A motion was made by Stefanski, seconded by Reinke, that this matter be referred to the License & Health Committee. The motion carried unanimously. 33. 2021-0012 Summons & Complaint in the matter of the complaint against Uncle Fester’s LLC, Ashley E. Kapalczynski, Agent, for the premises located at 5732 W. Mitchell St., d/b/a Uncle Fester’s, (2020-2021 Combination Class B Tavern License No. 2251) Attachments: Signed Summons and Complaint- Uncle Festers LLC- Uncle Fester's- 2021 2021-01-21 Affidavit of Process Server - Uncle Fester's A motion was made by Stefanski, seconded by Reinke, that this matter be referred to the License & Health Committee. The motion carried unanimously. 34. 2021-0013 Summons & Complaint in the matter of the complaint against MINTOT LLC, Tina M. Minto, Agent, for the premises located at 5906 W. Burnham St., d/b/a TnT Sportz Bar (2020-2021 Class B Tavern License No. 2478) Attachments: Signed Summons and Complaint- TNT Sportz Bar- MintoT LLC- 2021 2021-01-21 Affidavit of Process Server - Minto dba TnT Sports Bar A motion was made by Stefanski, seconded by Reinke, that this matter be referred to the License & Health Committee. The motion carried unanimously. 35. 2021-0046 Police Department Report regarding tavern violations/calls for service for the month of December 2020 Attachments: December 2020 Tavern Report (Signed)_Redacted A motion was made by Stefanski, seconded by Reinke, that this matter be referred to the License & Health Committee. The motion carried unanimously. 36. 2021-0038 Review of license applicant background checks for consideration of possible approval or denial A motion was made by Stefanski, seconded by Reinke, that this matter be referred to the License & Health Committee. The motion carried unanimously. 37. 2021-0049 2020-2022 Operator’s License (Bartender/Class D Operator) application of Brian J. Lorenson A motion was made by Stefanski, seconded by Reinke, that this matter be referred to the License & Health Committee. The motion carried unanimously. City of West Allis Page 8 Printed on 2/3/2021 Common Council Meeting Minutes January 19, 2021 38. 2021-0050 2020-2022 Operator’s License (Bartender/Class D Operator) application of Giovanni C. Walls A motion was made by Stefanski, seconded by Reinke, that this matter be referred to the License & Health Committee. The motion carried unanimously. Passed The Block Vote A motion was made by Stefanski, seconded by Reinke, to approve all the actions on item nos. 32 - 38 on a Block Vote. The motion carried unanimously. M. ADJOURNMENT A motion was made by Lajsic, seconded by Stefanski, to adjourn at 7:42 p.m., with the next regularly scheduled meeting to be held on February 2, 2021. 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 9 Printed on 2/3/2021