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 Wednesday, February 17, 2021 7:00 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 7:00 p.m. B. ROLL CALL Present 10 - Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, Vitale, and Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Roadt. D. PUBLIC HEARINGS 1. O-2021-0021 Ordinance to Adopt the City of West Allis 2040 Comprehensive Plan Sponsors: Safety and Development Committee Explanation by Steven J. Schaer, Manager of Planning & Zoning. Public Comments: None. Public Hearing Held. 2. R-2021-0085 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 86 St. from W. Cleveland Ave. to S. Osage Ave. and S. Dakota St. from S. Osage Ave. to S. Orleans Ave. by new concrete construction with miscellaneous walk, new driveway approaches, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services, utility adjustments and storm underdrain Sponsors: Public Works Committee Explanation by Peter Daniels, City Engineer. Public Comments: Three (3) emails of concern received to the City Clerk City of West Allis Page 1 Printed on 8/27/2021 Common Council Meeting Minutes February 17, 2021 Public Hearing Held. E. MOTION TO SUSPEND THE RULES TO ALLOW ALTERNATE ORDER OF BUSINESS A motion was made by Lajsic, seconded by Tenorio, 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. F. MAYOR'S REPORT Mayor Devine recognized and thanked Ald. Weigel for his hard working clearing the snow from the skate park. G. ALDERPERSON'S REPORT None. H. APPROVAL OF MINUTES 3. 2021-0134 Minutes (draft) of the February 2, 2021 Common Council meeting A motion was made by Lajsic, seconded by Vitale, that this matter be Approved. The motion carried unanimously. I. STANDING COMMITTEE REPORTS SAFETY & DEVELOPMENT COMMITTEE 4. O-2021-0010 Ordinance to amend the official West Allis Zoning Map by rezoning property located at 1436 S. 92 St. from RC-2, Residence District to C-2, Neighborhood Commercial District submitted by Andy Lopac (Tax Key No. 451-0228-002). Sponsors: Alderperson Kuehn A motion was made by Lajsic that this matter was Passed. The motion carried by the following vote: Aye: 10 - Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, Vitale, and Weigel No: 0 5. O-2021-0011 Ordinance to amend the Official West Allis Zoning Map by rezoning properties, located at 331-33 S. 108 St., and 1** Block of S. 108 St. from M-1, Light Industrial to C-3, Community Commercial District (Tax Key No. 414-9990-001 and 414-9991-002). Sponsors: Alderperson Grisham and Alderperson Kuehn A motion was made by Lajsic that this matter was Passed. The motion carried by the following vote: Aye: 7- Grisham, Haass, Kuehn, Lajsic, Reinke, Vitale, and Weigel No: 3- Roadt, Stefanski, and Tenorio City of West Allis Page 2 Printed on 8/27/2021 Common Council Meeting Minutes February 17, 2021 6. O-2021-0012 Ordinance to amend the official West Allis zoning map amending section 12.05 relating to the following properties: 6500 W. Washington St., (Tax Key Nos. 439-0001-037); and 1323 S. 65 St., (Tax Key Nos. 439-0139-002). Sponsors: Tenorio and Alderperson Vitale Amended to remove 1339-1347 S. 65 St. 439-0140-001. A motion was made by Tenorio that this matter was Passed as Amended. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Reinke, Roadt, Stefanski, Tenorio, Vitale, and Weigel No: 0 Abstain: 1- Lajsic 7. O-2021-0013 Ordinance to amend the official West Allis Future Land Use Map within the City’s Comprehensive Plan (Chapter 10 Land Use) from Industrial and Office to Commercial Land Use Sponsors: Tenorio and Alderperson Vitale A motion was made by Tenorio that this matter was Passed as Amended. The motion carried by the following vote: Aye: 8- Grisham, Haass, Kuehn, Reinke, Roadt, Stefanski, Tenorio, and Weigel No: 1- Vitale Abstain: 1- Lajsic LICENSE & HEALTH COMMITTEE 8. O-2021-0008 Ordinance to authorize clerk to issue operator's licenses Sponsors: Alderperson Vitale This matter was Passed as Amended on a Block Vote. 9. 2021-0079 Combination “Class A” Retailer License for the sale of Fermented Malt Beverages and Intoxicating Liquor, for the July 1, 2020 to June 30, 2021 Licensing Period. Skogen’s Foodliner, Inc, d/b/a Festival Foods, 11111 W. Greenfield Avenue, West Allis, WI 53214; Agent Kyle Robert Kaehne Amended to allow alcohol sale face-to-face at the checkout only within the four walls of the building. This matter was Approved as Amended on a Block Vote. Passed The Block Vote A motion was made by Vitale to approve all the actions on item nos. 8 and 9 on a Block Vote. The motion carried by the following vote: Aye: 10 - Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, Vitale, and Weigel No: 0 City of West Allis Page 3 Printed on 8/27/2021 Common Council Meeting Minutes February 17, 2021 J. CONSENT AGENDA 10. O-2021-0021 Ordinance to Adopt the City of West Allis 2040 Comprehensive Plan Sponsors: Safety and Development Committee This matter was Passed on a Consent Vote. 14. R-2021-0095 Resolution approving the terms & conditions for an Economic Development Loan to GG 003 LLC for establishment of a dental office at 7020 W. National Avenue, under the Department of Housing and Urban Development Community Development Block Grant Program in the amount of up to $200,000 Sponsors: Administration and Finance Committee This matter was Adopted on a Consent Vote. 15. R-2021-0096 Resolution approving the terms & conditions for an Economic Development Loan to BT Enterprises, LLC WA for the acquisition of the property at 7335 W. Greenfield Avenue, under the Department of Housing and Urban Development Community Development Block Grant Program in the amount of up to $40,000 Sponsors: Administration and Finance Committee This matter was Adopted on a Consent Vote. 16. R-2021-0106 Resolution to terminate Tax Incremental District 9 and authorize the distribution of excess increment This matter was Adopted on a Consent Vote. 17. R-2021-0098 Resolution relative to extending our contract with CliftonLarsonAllen, (Previously DBA Schenck, SC) to provide Financial Auditing Services, for the year ending December 3, 2020, for a sum of $54,900 Sponsors: Alderperson Haass This matter was Adopted on a Consent Vote. 18. R-2021-0097 Resolution to approve bid of Butters-Fetting Co., Inc. for furnishing and installing an air-cooled chiller unit at the West Allis Fire Department Station 1 located at 7300 W. National Avenue in the amount of $77,288 Sponsors: Public Works Committee This matter was Adopted on a Consent Vote. 19. R-2021-0099 Resolution relative to authorizing the purchase of six (6) cloud-based Interview Room Recording Devices for a first year sum of $43,342.40, with annual software license and maintenance fees of $11,428.00, for a total sum for five years to be $89,054.40 from Axon Enterprises Sponsors: Administration and Finance Committee This matter was Adopted on a Consent Vote. City of West Allis Page 4 Printed on 8/27/2021 Common Council Meeting Minutes February 17, 2021 20. R-2021-0085 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of S. 86 St. from W. Cleveland Ave. to S. Osage Ave. and S. Dakota St. from S. Osage Ave. to S. Orleans Ave. by new concrete construction with miscellaneous walk, new driveway approaches, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services, utility adjustments and storm underdrain Sponsors: Public Works Committee This matter was Adopted on a Consent Vote. 21. R-2021-0086 Final Resolution authorizing public improvement by new concrete construction with miscellaneous walk, new driveway approaches, storm sewer, storm sewer relay, sanitary sewer relay, water main relay, building services, utility adjustments and storm underdrain in S. 86 St. from W. Cleveland Ave. to S. Osage Ave. and S. Dakota St. from S. Osage Ave. to S. Orleans Ave. and levying special assessments against benefited properties Sponsors: Public Works Committee This matter was Adopted on a Consent Vote. 22. R-2021-0082 Resolution ordering preliminary plans and specifications together with a schedule of proposed assessments for improvement of the area bounded by East City limits to S. 68 St. and W. Burnham St. to South City limits by miscellaneous sidewalk repair Sponsors: Public Works Committee This matter was Adopted on a Consent Vote. 23. 2021-0133 Claim by Tahudah Cole regarding damages and injuries on May 25, 2020 This matter was Referred for Legal Action to the City Attorney on a Consent Vote. 24. 2021-0111 Claim by Demeteria Chaney regarding damage to vehicle at 2162 S. 102 St. on January 26, 2021 This matter was Referred for Legal Action to the City Attorney on a Consent Vote. 25. 2021-0122 Report of the Municipal Judge for the month of January 2021, consisting of all fines, costs and fees collected by the City of West Allis in the sum of $77,004.15 This matter was Placed on File on a Consent Vote. 26. 2014-0236 Gerald Buchkowski communication regarding property damage allegedly sustained at 1921 S. 97 Street on March 17, 2014. This matter was Placed on File on a Consent Vote. 27. 2014-0415 Notice of Claim submitted on behalf of Randal Eugene Stefaniak relative to injury allegedly sustained at 2047 S. 105 St. on March 16, 2014. This matter was Placed on File on a Consent Vote. City of West Allis Page 5 Printed on 8/27/2021 Common Council Meeting Minutes February 17, 2021 28. 2014-0634 Kenneth G. Schmittlein communication regarding property damage allegedly sustained at 7930 W. Grant St. in 2014. This matter was Placed on File on a Consent Vote. 29. 2015-0131 Notice of Claim submitted on behalf of Michael Grassman relative to damages allegedly sustained at 7234 W. Greenfield Ave. on October 27, 2014. This matter was Placed on File on a Consent Vote. 30. 2017-0555 Ryan Shulta Notice of Claim regarding personal injury sustained at Rogers Park, 2023 S. 75 Street, on July 31, 2017. This matter was Placed on File on a Consent Vote. 31. 2019-0725 Summons and Complaint in the matter of Wells Fargo Bank vs Timothy J. Lagoo, et al, regarding foreclosure of mortgage, Case No. 2019CV007372 This matter was Placed on File on a Consent Vote. 32. 2020-0171 Summons and Complaint by Marine Credit Union vs Jerrod Dantzler, et, al., regarding foreclosure of mortgage (Case No. 2020CV001563) This matter was Placed on File on a Consent Vote. 33. 2020-0472 Claim by Kyle Ehlert regarding damage to property damages at 1100 S. 65 St. on December 19, 2019 This matter was Denied on a Consent Vote. 34. 2020-0638 Claim by Gary Swansby regarding injury to person at W. Greenfield Ave. and S. 74 St. on August 6, 2020 This matter was Denied on a Consent Vote. 35. 2020-0794 Claim by Rachel Piette regarding reimbursement for towing expense at the northeast corner of S. 86 St and W. National Ave. on September 11, 2020 This matter was Denied on a Consent Vote. 36. 2020-0821 Notice of Claim and Notice of Injury by Jimmy Vang and Ka Vang regarding injury to person on August 4, 2020 This matter was Denied on a Consent Vote. 37. 2020-0822 Notice of Claim and Notice of Injury on behalf of minor child regarding injury to person on August 4, 2020 This matter was Denied on a Consent Vote. 38. 2020-0823 Notice of Claim and Notice of Injury on behalf of minor child regarding injury to person on August 4, 2020 This matter was Denied on a Consent Vote. 39. 2020-0824 Notice of Claim and Notice of Injury on behalf of minor child regarding injury to person on August 4, 2020 This matter was Denied on a Consent Vote. City of West Allis Page 6 Printed on 8/27/2021 Common Council Meeting Minutes February 17, 2021 40. 2020-0842 Claim by Scott Travers regarding damage to vehicle at 6300 W. McGeoch Ave on November 13, 2020 This matter was Denied on a Consent Vote. 41. 2020-0843 Claim by Joseph Woda-Rudolph regarding damage to vehicle at 6300 W. McGeoch Ave. on November 13, 2020. This matter was Denied on a Consent Vote. 42. 2021-0002 Claim by Jeffery Ciezki regarding damage to vehicle at 6300 W. McGeoch Ave. on November 13, 2020 This matter was Denied on a Consent Vote. 43. 2021-0119 Finance Director/Comptroller submitting report for January 2021 indicating City of West Allis checks issued in the amount of $2,609,157.88 This matter was Placed on File on a Consent Vote. 44. 2021-0121 Change of Agent for Riviera Lanes, Inc. d/b/a Riviera Lanes This matter was Approved on a Consent Vote. 45. 2021-0127 License applications This matter was Approved on a Consent Vote. 46. 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) This matter was Placed on File on a Consent Vote. 47. 2021-0138 Notification by Mayor Devine of reappointments to the West Allis Tourism Commission of Rod Raschka, Molly Rowbottom, Ald. Weigel, Mayor Devine, and Rebecca Grill, their one-year terms to expire January 1, 2022 This matter was Approved on a Consent Vote. 48. 2021-0137 Reappointment by Mayor Devine of Brian Frank as a Regular Member of the West Allis Plan Commission, his three-year term expires April 30, 2024 This matter was Approved on a Consent Vote. 49. 2021-0136 Reappointment by Mayor Devine of Mr. Wayne Clark as a member of the West Allis Plan Commission, his three-year term to expire April 30, 2024 This matter was Approved on a Consent Vote. 50. 2021-0140 Appointment by Mayor Devine of Heather Uzowulu as the Eras Senior Network Representative for the West Allis Commission on Aging, her three-year term to expire November 1, 2023 This matter was Approved on a Consent Vote. Passed The Block Vote A motion was made by Lajsic to approve all the actions on item nos. 10, 14-50 on a Consent Vote. The motion carried by the following vote: City of West Allis Page 7 Printed on 8/27/2021 Common Council Meeting Minutes February 17, 2021 Aye: 10 - Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, Vitale, and Weigel No: 0 K. ITEMS REFERRED TO COMMITTEE 51. O-2021-0020 Ordinance to change start time for night parking restriction from 3:00 a.m. to 2:00 a.m. Sponsors: Alderperson Vitale This matter was Passed on a Block Vote. 52. O-2021-0006 Ordinance to create Special Event Permits and repeal Parade and Carnival Permits Sponsors: Alderperson Vitale This matter was Referred to the License and Health Committee on a Block Vote. 53. 2021-0126 2020-2022 Operator's License (Bartender/Class D Operator) application of Ashley M. Keil This matter was Referred to the License and Health Committee on a Consent Vote. 54. 2021-0041 Police Department Report regarding tavern violations/calls for service for the month of January 2021 This matter was Referred to the License and Health Committee on a Consent Vote. Passed The Block Vote A motion was made by Lajsic to approve all the actions on item nos. 51-54 on a Consent Vote. The motion carried by the following vote: Aye: 10 - Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, Vitale, and Weigel No: 0 11. O-2021-0005 Ordinance to amend City of West Allis Municipal Code 5.03(8) to add a Structure Fire Fee Sponsors: Alderperson Haass Ald. Weigel requested that this item be divided out. A motion was made by Haass, seconded by Reinke, that this matter was Passed. The motion carried by the following vote: Aye: 6- Haass, Kuehn, Lajsic, Reinke, Roadt, and Tenorio No: 4- Grisham, Stefanski, Vitale, and Weigel 12. 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 City of West Allis Page 8 Printed on 8/27/2021 Common Council Meeting Minutes February 17, 2021 Ald. Weigel requested this item be divided out. A motion was made by Lajsic that in the matter of the Structure Fire Fee that this be Adopted. The motion carried by the following vote: Aye: 6 - Lajsic, Haass, Kuehn, Reinke, Tenorio, and Devine, No: 5 - Grisham, Roadt, Stefanski, Vitale, and Weigel A motion was made by Lajsic that this matter of the Candidate Physical Agility Test (CPAT) Fee this be Adopted. The motion carried by the following vote: Aye: 6- Mayor Devine, Haass, Kuehn, Lajsic, Reinke, and Tenorio No: 5- Grisham, Roadt, Stefanski, Vitale, and Weigel 13. R-2021-0080 Resolution authorizing the Executive Director of the Economic Development Program to amend a landscape design/architectural services contract with Parkitecture + Planning, LLC, for “Burnham Pointe Park” (existing gravel lot located at 60** W. Burnham), Tax Key No. 475-0020-001, in an amount not to exceed an additional $10,000 Sponsors: Administration and Finance Committee Amending item 1 in the resolution to from $17,780 to $27,780. Ald. Kuehn requested this item be divided out. A motion was made by Lajsic that this matter was Adopted As Amended. The motion carried by the following vote: Aye: 10 - Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, Vitale, and Weigel No: 0 L. ADJOURNMENT A motion was made by Lajsic, seconded by Reinke, to adjourn at 8:11 p.m., with the next regularly scheduled meeting to be held on March 2, 2021. The motion carried unanimously. City of West Allis Page 9 Printed on 8/27/2021 Common Council Meeting Minutes February 17, 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 10 Printed on 8/27/2021