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, April 7, 2021 7:01 PM City Hall, Common Council Chambers 7525 W. Greenfield Avenue REGULAR MEETING A. CALL TO ORDER The meeting was called to order by Mayor Devine at 7:01 p.m. B. ROLL CALL Present 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Vitale Excused 1- Weigel C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ald. Vitale. D. PUBLIC HEARINGS 1. R-2021-0168 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of the general area bounded by the East City Limits to S. 68 St. and W. Burnham St. to the South City Limits by miscellaneous sidewalk repair Sponsors: Public Works Committee Attachments: Res_R-2021-0168 AFFIDAVIT OF PUBLICATION - PH R-2021-0168 Res_R-2021-0168 signed Explanation by Peter Daniels, City Engineer Public Comments: Property owner of 2201 S. 67 Pl. commented on previous sidewalk repair. Denise Dixon (representing Emanuel Burgarino), 2376 S. 62 St., is opposed to this improvement at this time during the pandemic. Public Hearing Item City of West Allis Page 1 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 2. R-2021-0208 Resolution relative to determination of an Application for a Special Use Permit for Wing Stop, a proposed restaurant, to be located at 10244 W. National Ave. Sponsors: Safety and Development Committee Attachments: Res_R-2021-0208 Application - Wing Stop AFFIDAVIT OF PUBLICATION - PH Wing Stop SUP 11981314 Res_R-2021-0208 signed Explanation by Steve Schaer, Planning & Zoning Manager Public Comments: None. Public Hearing Item 3. R-2021-0211 Resolution relative to determination of an Application for a Special Use Permit for Wrestling Taco, a proposed restaurant, to be located at 1606 S. 84 St. Sponsors: Safety and Development Committee Attachments: Res_R-2021-0211 Application - Wrestling Taco AFFIDAVIT OF PUBLICATION - PH Wrestling Taco SUP 11981327 R-2021-0211 signed Explanation by Steve Schaer, Planning & Zoning Manager Public Comments: None. Public Hearing Item E. PUBLIC COMMENT The following spoke against face mask ordinance: Bridget Morawetz, 11208 W. National Ave. Joshua Kuehn, 11113 W. Ohio Ave. Christine Henzig, 8453 W. Mitchell St. 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 City of West Allis Page 2 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 Ald. Kuehn announced a District Three Clean Up on April 17th. I. APPROVAL OF MINUTES 4. 2021-0234 Minutes (draft) of the March 16, 2021 Common Council meeting Attachments: 031621 CC Minutes.draft AFFIDAVIT OF PUBLICATION - COMMON COUNCIL MINUTES 03-16-2021 11989195 A motion was made by Lajsic, seconded by Stefanski, that this matter be Approved. The motion carried unanimously. J. STANDING COMMITTEE REPORTS ADVISORY COMMITTEE 5. 2021-0235 Appointment by Mayor Devine of Leverett Baldwin as a member of the West Allis Police & Fire Commission, his five-year term to expire May 1, 2026 A motion was made by Reinke that this matter be Approved. The motion carried unanimously. K. ITEMS NOT REFERRED TO COMMITTEE (CONSENT AGENDA) 7. R-2021-0215 Resolution to recognize April as Autism Awareness Month Sponsors: Alderperson Stefanski Attachments: Res_R-2021-0215 Res_R-2021-0215 signed This matter was Adopted on a Consent Vote. 8. R-2021-0218 Resolution to recognize April as Child Abuse Prevention Month Sponsors: Alderperson Stefanski Attachments: Res_R-2021-0218 Res_R-2021-0218 signed This matter was Adopted on a Consent Vote. 9. R-2021-0206 Resolution to approve the 2020 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program Sponsors: Administration and Finance Committee Attachments: Res_R-2021-0206 CAPER 2020 Report (Exhibit 1) Staff Report (Exhibit 2) Res_R-2021-0206 signed City of West Allis Page 3 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 This matter was Adopted on a Consent Vote. 10. R-2021-0180 Resolution accepting work of Cobalt Partners, LLC for the sidewalk streetscape project on the west side of S. 70 St. between W. Madison St. and W. Washington St. and authorizing payment in accordance with the Public Improvement Agreement in the amount of $305,916 Sponsors: Public Works Committee Attachments: Res_R-2021-0180 Streetscape Reconciliation for Special Assessment signed agreement (1) Signed Special Assessment Resolution Signed Agreement (1-17-20) Res_R-2021-0180 signed This matter was Adopted on a Consent Vote. 11. R-2021-0181 Resolution authorizing a Cost Sharing Memo of Understanding with the City of Milwaukee for the construction of a paved connection between the north limits of S. 72 St. and the Hank Aaron State Trail of which the City of West Allis’ share is $3,300 Sponsors: Public Works Committee Attachments: Res_R-2021-0181 2021 Cost Sharing Agreement 72nd and HAST with west allis_ Res_R-2021-0181 signed Agreement.signed This matter was Adopted on a Consent Vote. 12. R-2021-0182 Resolution to amend the agreement with Ayres Associates Inc. for methane and groundwater sampling at the Lincoln Avenue landfill site for three years at an amount not to exceed $18,900 Sponsors: Public Works Committee Attachments: Res_R-2021-0182 ayres landfill sampling agreement amendment Res_R-2021-0182 signed ayres landfill sampling agreement amendment signed This matter was Adopted on a Consent Vote. 13. R-2021-0199 Resolution to authorize the Director of Public Works to amend an existing professional services contract with Baxter & Woodman Consulting Engineers to provide engineering and services for the City of West Allis Department of Public Works for an amount not to exceed $8,000 Sponsors: Public Works Committee City of West Allis Page 4 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 Attachments: Res_R-2021-0199 emergency response plan update proposal Res_R-2021-0199 signed emergency response plan update signed This matter was Adopted on a Consent Vote. 14. R-2021-0200 Resolution to accept the proposal of Carlin/ProGreenPlus, providing 4% Emamectin Benzoate Emerald Ash insecticide treatment, for a total net sum of $40,150 Sponsors: Public Works Committee Attachments: Res_R-2021-0200 emerald ash insecticide bids Res_R-2021-0200 signed This matter was Adopted on a Consent Vote. 15. R-2021-0201 Resolution to approve bid of Globe 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 S.56 St. from W. Beloit Rd. to W. Rogers St. and S. 62 St. from W. Washington St. to W. National Ave. in the amount of $2,933,612.50 Sponsors: Public Works Committee Attachments: Res_R-2021-0201 (1) Res_R-2021-0201 signed This matter was Adopted on a Consent Vote. 16. R-2021-0212 Resolution declaring “CrafterNoons” to be held the second Saturday of May, June, July, August, and September in 2021 each at a different location within the Downtown boundaries as a Community Event Sponsors: Safety and Development Committee Attachments: Res_R-2021-0212 2021 Crafternoons - Letter to City Res_R-2021-0212 signed This matter was Adopted on a Consent Vote. 17. 2021-0207 Claim by Sarah Paulik regarding damage to vehicle at 723 S. 94 St. on February 12, 2021 Attachments: 2021-0207 Claim - Sarah Paulik_001_Redacted Claims Report-May 4, 2021 City of West Allis Page 5 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 This matter was Referred to the City Attorney for Legal Action on a Consent Vote. 18. 2021-0213 Claim by Hilda Alanis regarding damage to vehicle at 3450 S. 108 St. on February 24, 2021 Attachments: 2021-0213 Claim - Hilda Alanis_0001 2021-0213 Claim - Hilda Alanis #2_0001_Redacted Accident pictures from 2_24_21 This matter was Referred to the City Attorney for Legal Action on a Cosent Vote. 19. 2019-0920 Claim by Melitza Colon regarding damage to property at 6800 blk of W. Greenfield Ave. on October 16, 2019 Attachments: 2019-0920 Claim - Melitza Colon 12-05-2019_Redacted Claims Report-April 7, 2021 This matter was Placed on File on a Consent Vote. 20. 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 Claims Report-April 7, 2021 This matter was Placed on File on a Consent Vote. 21. 2021-0062 Claim by Eric Weier regarding property damage at 926 S. 111 St. on November 11, 2020 Attachments: 2021-0062 Claim -Eric Weier Claims Report-April 7, 2021 This matter was Placed on File on a Consent Vote. 22. 2021-0143 Claim by Anne Braunsdorf regarding property damages at 1311 S. 115 St. on December 9, 2020 Attachments: 2021-0143 Claim - Anne Braunsdorf Claims Report-April 7, 2021 This matter was Denied on a Consent Vote. 23. 2021-0111 Claim by Demeteria Chaney regarding damage to vehicle at 2162 S. 102 St. on January 26, 2021 Attachments: 2021-0111 Claim - Demeteria Chaney_Redacted Claims Report-April 7, 2021 This matter was Denied on a Consent Vote. 24. 2021-0133 Claim by Tahudah Cole regarding damages and injuries on May 25, 2020 City of West Allis Page 6 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 Attachments: 2021-0133 Claim - Tahudah Cole Claims Report-April 7, 2021 This matter was Denied on a Consent Vote. 25. 2021-0159 Claim by Debora Correa regarding vehicle being towed at S. 108 St. and W. Greenfield Ave. on January 19, 2021 Attachments: 2021-0159 Claim - Debora Correa Claims Report-April 7, 2021 This matter was Denied on a Consent Vote. 26. 2020-0473 Claim by Kathleen Kasinski regarding injury to person at 8627, 8629 W. Arthur Ave. on June 25, 2020 Attachments: 2020-0473 Claim - Kathleen Kasinski Claim Amount For Kasinski claim Claims Report-April 7, 2021 This matter was Denied on a Consent Vote. 27. 2020-0418 Temporary Premise Extensions A list of applicants is available online at <https://westalliswi.legistar.com/> or by contacting the city clerk’s office. Attachments: Expedited Temporary Extension Applications This matter was Approved on a Consent Vote. 28. 2021-0218 Appointment by Mayor Devine of Rossi Manka as a Member of the West Allis Plan Commission, her term to expire February 2, 2023 This matter was Approved on a Consent Vote. 29. 2021-0219 Appointment by Mayor Devine of John Stibal as a member of the West Allis Fair Housing Board, his three-year term to expire February 1, 2024 This matter was Approved on a Consent Vote. Passed The Block Vote A motion was made by Lajsic, seconded by Haass, to approve all the actions on item nos. 7-29 on a Consent Vote. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Vitale No: 0 6. R-2021-0186 Resolution condemning violence against minorities of all factions of society and society as a whole Sponsors: Tenorio, Alderperson Lajsic, Alderperson Grisham, Alderperson Haass, Alderperson Reinke, Alderperson Weigel and Alderperson Vitale City of West Allis Page 7 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 Attachments: Res_R-2021-0186 - REVISED 2021-04-13 Res_R-2021-0186 (1) Res_R-2021-0186 - Final A motion was made by Stefanski, seconded by Vitale, that this matter be Referred to the License and Health Committee. The motion carried unanimously. Aye: 8- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, and Vitale No: 1- Tenorio L. COMMON COUNCIL RECESS A motion was made by Lajsic, seconded by Reinke, that the Council recess until completion of the Standing Committee meetings. The motion carried unanimously. Thereupon, the Council took a recess at 8:04 p.m. Upon returning from recess at 10:02 p.m., and the roll call being taken, the following were present: Present 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Vitale Excused 1- Weigel M. NEW AND PREVIOUS MATTERS PUBLIC WORKS COMMITTEE 30. R-2021-0195 Resolution relative to amending the City of West Allis Policies & Procedures Manual No. 2601, Bulk Collection Sponsors: Public Works Committee Attachments: Res_R-2021-0195 Res_R-2021-0195 signed This matter was Adopted on a Block Vote. 31. R-2021-0168 Resolution to confirm and adopt the report of the City Engineer containing the schedule of proposed assessments for improvement of the general area bounded by the East City Limits to S. 68 St. and W. Burnham St. to the South City Limits by miscellaneous sidewalk repair Sponsors: Public Works Committee Attachments: Res_R-2021-0168 AFFIDAVIT OF PUBLICATION - PH R-2021-0168 Res_R-2021-0168 signed This matter was Adopted on a Block Vote. 32. R-2021-0169 Final Resolution authorizing public improvement by miscellaneous sidewalk repair in the general area bounded by the East City Limits to S. 68 St. and W. Burnham St. to the South City Limits and levying special assessments against benefited properties City of West Allis Page 8 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 Sponsors: Public Works Committee Attachments: Res_R-2021-0169 Res_R-2021-0169 signed AFFIDAVIT OF PUBLICATION - Final Resolution R-2021-0169 11996317 This matter was Adopted on a Block Vote. Passed The Block Vote A motion was made by Roadt to approve all the actions on item nos. 30-32 on a Block Vote. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Vitale No: 0 SAFETY & DEVELOPMENT COMMITTEE 33. R-2021-0208 Resolution relative to determination of an Application for a Special Use Permit for Wing Stop, a proposed restaurant, to be located at 10244 W. National Ave. Sponsors: Safety and Development Committee Attachments: Res_R-2021-0208 Application - Wing Stop AFFIDAVIT OF PUBLICATION - PH Wing Stop SUP 11981314 Res_R-2021-0208 signed This matter was Adopted on a Block Vote. 34. R-2021-0211 Resolution relative to determination of an Application for a Special Use Permit for Wrestling Taco, a proposed restaurant, to be located at 1606 S. 84 St. Sponsors: Safety and Development Committee Attachments: Res_R-2021-0211 Application - Wrestling Taco AFFIDAVIT OF PUBLICATION - PH Wrestling Taco SUP 11981327 R-2021-0211 signed This matter was Adopted As Amended on a Block Vote. Passed The Block Vote A motion was made by Lajsic to approve all the actions on item nos. 33-34 on a Block Vote. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Vitale No: 0 City of West Allis Page 9 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 LICENSE & HEALTH COMMITTEE 6. R-2021-0186 Resolution condemning violence against minorities of all factions of society and society as a whole Sponsors: Tenorio, Alderperson Lajsic, Alderperson Grisham, Alderperson Haass, Alderperson Reinke, Alderperson Weigel and Alderperson Vitale Attachments: Res_R-2021-0186 - REVISED 2021-04-13 Res_R-2021-0186 (1) Res_R-2021-0186 - Final This matter was Adopted As Amended on a Block Vote. 36. O-2021-0192 Ordinance to remove Special Event Permit exemption for Class B licensees Sponsors: Alderperson Lajsic Attachments: Ord_O-2021-0192 Ord_O-2021-0192 signed This matter was Passed on a Block Vote. 37. R-2021-0198 Resolution to waive late fees for alcohol beverage license renewal applications expiring on June 30, 2021 Sponsors: Alderperson Vitale Attachments: Res_R-2021-0198 Res_R-2021-0198 signed This matter was Adopted on a Block Vote. 38. 2021-0175 Class B Tavern License, for the July 1, 2020 to June 30, 2021 Licensing Period. The Candle Company LLC, d/b/a The Candle Company, 8100 W. National Ave., West Allis, WI 53214; Agent Tedrick Timmons (new-nonexisting location) Attachments: The Candle Company 2-11-21 revised application_Redacted communication regarding License application and occupancy Atty email to applicant 2-12-21 AFFIDAVIT OF PUBLICATION - The Candle Co. 11986659 This matter was Approved with the Condition of License that only wine is to be served (ref. 9.02 (12m) of the RMC) on a Block Vote. 42. O-2021-0024 Ordinance to combine various entertainment-related licenses into single public entertainment license creating Section 9.037, repealing and recreating section 9.08, and repealing sections 9.032, 9.033, 9.034, 9.05, 9.06, 9.10, and 9.105 Sponsors: Alderperson Lajsic and Alderperson Haass City of West Allis Page 10 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 Attachments: Ord_O-2021-0024 Ord_O-2021-0024 signed This matter was Passed on a Block Vote. 39. 2021-0222 Class “B” Temporary Extension application for Paulie's Pub and Eatery, LLC, Kristine Budiac, Agent, d/b/a Paulie's Pub and Eatery, 8031 W. Greenfield Ave., for premises extension due to COVID, June 1 thru November 30, 2021, (all of Paulie’s Pub and Eatery parking lot, with tent, food, and outdoor music) Second (2nd) permit application for 2020-2021 & 2021-2022 license years Attachments: 2021-0222 - Paulie's Pub Class B Tavern Special Event Permit Held in License & Health Committee during recess. 40. 2021-0216 2020-2022 Operator’s License (Bartender/Class D Operator) application of Thomas E. Brokmeier Held in License & Health Committee during recess. 41. O-2021-0031 Ordinance to create seasonal extension of licensed premises to replace temporary expedited extension of premises Sponsors: Alderperson Kuehn Attachments: Ord_O-2021-0031 Held in License & Health Committee during recess. Passed The Block Vote A motion was made by Vitale to approve all the actions on item nos. 6, 36-38, and 42 on a Block Vote. The motion carried by the following vote: Aye: 9- Grisham, Haass, Kuehn, Lajsic, Reinke, Roadt, Stefanski, Tenorio, and Vitale No: 0 35. O-2021-0030 Ordinance to Require Face Coverings in Public Places Sponsors: Tenorio Attachments: Ord_O-2021-0030 (1) A motion was made by Tenorio, seconded by Haass, that this matter was Tabled. The motion carried by the following vote: Aye: 7- Grisham, Kuehn, Lajsic, Reinke, Roadt, Stefanski, and Vitale No: 2- Haass, and Tenorio N. ADJOURNMENT A motion was made to adjourn the meeting at 10:08 p.m. The motion carried. City of West Allis Page 11 Printed on 8/23/2021 Common Council Meeting Minutes April 7, 2021 A motion was made by Lajsic, seconded by Grisham, that this matter was Approved. The motion carried unanimously. 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 8/23/2021