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, Ray Turner, Vincent Vitale, and Martin J. Weigel Tuesday, April 18, 2023 7:00 PM City Hall, Common Council Chambers 7525 W. Greenfield Avenue REGULAR MEETING A. CALL TO ORDER Mayor Devine called the meeting to order at 7:00 p.m. B. ROLL CALL Present 8- Haass, Kuehn, Lajsic, Roadt, Stefanski, Turner, Vitale, and Weigel Excused 2- Grisham, and Reinke C. PLEDGE OF ALLEGIANCE Led by Ald. Haass. D. PUBLIC HEARINGS 1. R-2023-0209 Resolution to vacate part of the alley north of the 7400 block of W. Greenfield Ave. Planning & Zoning Manager Steve Schaer presented. 2. R-2023-0258 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 S. 68th St. to S. 78th St. Union Pacific Railroad to W. Oklahoma Ave. by miscellaneous sidewalk repair. Sponsors: Public Works Committee City Engineer Melinda Dejewski and Assistant City Engineer Rob Hutter presented. Katherine Wisniewski, 1209 S. 48th St., asked about sidewalk repair indicators or signals. Paul Mills, 6845 W. Arthur Ave., asked about having a tree removed so sidewalk repair wouldn't have to be done as frequently and if he could keep patio bricks instead of cement in the carriage way. Karen Schicantek, 1939 S 71st St., asked about a tree pushing up the sidewalk in front of her house and the cost of the repair. John Osowski, 2343 S. 74th St., asked why he had to pay for a sidewalk repair needed because of a tree the city planted. Holly Kwiatek, 2822 S. Cleveland Park Dr., talked about sidewalk repair. City of West Allis Page 1 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 Sheryl Wachoviac, 2346 S. 74th St., spoke about her assessment bill for her carriage walk. 3. 2023-0219 Conditional Use Permit for Dunkin', a proposed Restaurant with accessory drive-through service, at 7801 W. Greenfield Ave. Planning & Zoning Manager Steve Schaer presented. Victoria Stessl, 1434 S. 79th St., spoke about how the garbage dumpster will be at eye-level with her property, the drive-thru noise and increase of traffic causing accidents. Approve E. CITIZEN PARTICIPATION None. F. ANNOUNCEMENT OF RECESS MEETINGS OF STANDING COMMITTEES Mayor Devine announced that the following Standing Committees would meet during recess: Administration, Public Works, Economic Development and Public Safety. G. MAYOR'S REPORT Mayor Devine thanked City Staff & Clerk's Office for all their help with April's Election. He also spoke about the ribbon cutting at One of One Hair Studio and the meeting at Library Neighborhood Associations last week. H. ALDERPERSON'S REPORT Ald. Lajsic spoke about Axon Tech Demo and the Police Departments outstanding technology. I. APPROVAL OF MINUTES 4. 2023-0247 March 21, 2023 Common Council Minutes. Ald. Lajsic moved to approve, Ald. Stefanski seconded, motion carried. J. STANDING COMMITTEE REPORTS None. K. ITEMS NOT REFERRED TO COMMITTEE (CONSENT AGENDA) Passed The Consent Vote Ald. Lajsic moved to approve the Consent Agenda, items #5 - #39, Ald. Kuehn seconded, motion carried by roll call vote Aye: 8- Haass, Kuehn, Lajsic, Roadt, Stefanski, Turner, Vitale, and Weigel No: 0 5. O-2023-0029 Ordinance correcting errors and clarifying language in the municipal code - April 2023. Sponsors: Alderperson Haass Passed City of West Allis Page 2 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 6. O-2023-0031 Ordinance to amend zoning code by adding electric vehicle charging, amending parking regulations, and making other edits, corrections, and clarifications. Sponsors: Alderperson Haass Passed 7. O-2023-0032 Ordinance to amend salary schedule by reclassifying Code Enforcement Officer upward from Salary Grade E1 to Salary Grade G1. Sponsors: Alderperson Haass Passed 8. R-2023-0238 Resolution authorizing the submission of a Capital Catalyst Grant Application to Wisconsin Economic Development Corporation (WEDC) to supported economic development efforts to support start-up businesses. Adopted 9. R-2023-0257 Resolution amending the existing professional services contract with AECOM Technical Services, Inc. (ATS) to provide consulting services relative to Wisconsin Administrative Code NR 216 Stormwater Permit compliance requirements for 2023 for an additional sum not to exceed $42,000. Sponsors: Public Works Committee Adopted 10. R-2023-0260 Resolution to approve bid of UPI Construction LLC for street construction in S. 59th St. from W. Mobile St. to W. Beloit Rd. and S. 61st St. from W. National Ave. to W. Mineral St. in the City of West Allis in the amount of $2,677,944.25 Sponsors: Public Works Committee Adopted 11. R-2023-0263 Resolution Amending Fee Schedule - Inserting engineering excavation permit fees/bond amounts and making other updates. Adopted 12. R-2023-0267 Resolution relative to approval of the agreement with Mediation Resolutions, LLC for mediation. Adopted 13. R-2023-0268 Resolution authorizing a memorandum of understanding (MOU) between the City of West Allis (City) and Aurora West Allis Medical Center (Hospital) for the 340B Drug Pricing Program. Sponsors: Public Works Committee Held City of West Allis Page 3 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 14. R-2023-0269 Resolution Approving an Agreement with MMSD to receive $189,600 in funding through the MMSD Green Solutions Program for the installation of Green Infrastructure in the parking lot north of Greenfield Ave., between S. 75th St. and S. 76th St. Sponsors: Public Works Committee Adopted 15. R-2023-0271 Resolution to amend Policy No.1484 relating to reimbursement of training and fees for commercial driver’s licenses. Adopted 16. R-2023-0272 Resolution to amend the existing agreement with Donohue & Associates to provide Engineering Consulting Services for the 96th St. Pumping Station for an additional sum not to exceed $7,900. Adopted 17. R-2023-0273 Resolution to amend existing contract with Blue Ribbon Organics for renewal of continued yard waste management services. Adopted 18. R-2023-0275 Resolution to approve the Scope of Services for Ramboll Environmental to provide quarterly reporting assistance for the US EPA Revolving Loan Fund Program. Adopted 19. R-2023-0276 Resolution approving the terms & conditions for an Economic Development Loan to Scratch Ice Cream LLC d/b/a Scratch Ice Cream to be located at 6922 W. Becher St., under the National Avenue Commercial Corridor InStore Forgivable Loan Program in an amount up to $50,000. Adopted 20. R-2023-0277 Resolution approving the terms & conditions for an Economic Development Loan to R and J Koehn LLC, for establishment of Aquatics Unlimited LLC at 1829 S. 68th St. in an amount up to $50,000. Adopted 21. R-2023-0278 Resolution approving the terms & conditions for an Economic Development Loan to Fire Cycle LLC, located at 9242 W. National Avenue, under the National Avenue Commercial Corridor InStore Forgivable Loan Program in an amount up to $50,000. Held 22. R-2023-0279 Resolution to approve bid of Wandel Contractors Inc. for street construction in W. Washington St. from east of S. 56 St. to S. 60 St. and W. Pierce St. from S. 58 St to S. 60 St. in the City of West Allis in the amount of $1,076,519.10. Sponsors: Public Works Committee City of West Allis Page 4 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 Adopted 23. R-2023-0281 Resolution approving a neighborhood small grant program, focus grant, to the East Allis Neighborhood Association up to $1,500. Adopted 24. R-2023-0282 Resolution approving a neighborhood small grant program, focus grant, to the Liberty Heights Park Neighborhood Association up to $1,500. Adopted 25. R-2023-0283 Resolution authorizing the submission of an Energy Efficiency and Conversation Block Grant Program application to the U.S. Department of Energy for up to $120,000. Adopted 26. R-2023-0284 Resolution granting a Ten-Year Maintenance Covenant by the City of West Allis to Milwaukee Metropolitan Sewerage District (MMSD) to preserve the Green Infrastructure facilities on City Property. Sponsors: Public Works Committee Adopted 27. R-2023-0285 Resolution granting a Ten-Year Conservation Easement by the City of West Allis to Milwaukee Metropolitan Sewerage District (MMSD) to preserve the Green Infrastructure facilities on City Property. Sponsors: Public Works Committee Adopted 28. R-2023-0305 Resolution declaring Bikes on the Block a community event (July 15, 2023, from 11 a.m. to 3 p.m.) Adopted 29. 2023-0006 Claim by Shaun Herda regarding vehicle damage in Muskego at W193S11070 Crystal Dr. on December 15, 2022. Referred to City Attorney 30. 2023-0109 Claim by Assessment Reduction Services, LLC on behalf of Roaring Fork LLC for recovery of unlawful taxes for a portion of 2022 Personal Property Taxes. Referred to City Attorney 31. 2023-0250 Finance Director/Comptroller submitting report for March 2023 indicating City of West Allis checks issued in the amount of $2,755,958.91. Placed on File 32. 2023-0251 Claim by American Family on behalf of Shaquanda Dalton regarding property damage at South 108th St. on January 29, 2023. Referred to City Attorney City of West Allis Page 5 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 33. 2023-0252 Claim by Donald Walker regarding property damage at 10531 W. Madison St. on March 25, 2023. Referred to City Attorney 34. 2023-0253 Claim by The Money Source Inc. vs. Litisha Smith, et al. regarding a foreclosure of mortgage (2023CV001814) for property at 1750 S. 61st Street. Referred to City Attorney 35. 2023-0254 Claim by Associated Bank, N.A. vs. Jose Rodriguez, et al. regarding a foreclosure of mortgage (2023CV001998) for property at 2975 S. 103rd Street. Referred to City Attorney 36. 2023-0255 Claim by Sam Domach regarding property damage at 8831 W. Maple St. on February 28, 2023. Referred to City Attorney 37. 2023-0259 New application for secondhand article dealer for Jamie Phoenix d/b/a Ultratwist Vintage, 7730 W. National Ave. (PNSH 23 1) Granted 38. 2023-0260 New application for secondhand article dealer for Muharrem Avdija d/b/a Lily Bargain and Antique Store, 735 S. 108th St. (PNSH 23 2) Granted 39. 2023-0280 Re-Appointment by Mayor Devine of Eric Torkelson to the Plan Commission for a 3-year term to expire April 17, 2026. Approved L. COMMON COUNCIL RECESS Ald. Lajsic moved that the Council recess until completion of the Standing Committee meetings, Ald. Kuehn seconded, motion carried. The Council recessed at 7:52 p.m. and returned at 8:38 p.m. Roll Call was taken and the following were present: Present 8 - Haass, Kuehn, Lajsic, Roadt, Stefanski, Turner, Vitale, and Weigel Excused 2- Grisham, and Reinke M. NEW AND PREVIOUS MATTERS ADMINISTRATION COMMITTEE Committee convened at 7:57 p.m. Closed Session City of West Allis Page 6 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 Ald. Lajsic moved to convene into Closed Session at 7:58 p.m., pursuant to the provisions of Wis. Stat. Section 19.85(1)(g), for agenda item #40, Ald. Vitale seconded, motion carried by roll call vote. Roll Call - 5 - Haass, Kuehn, Lajsic, Vitale, Weigel Ald. Lajsic moved to re-convene into Open Session at 8:10 p.m., Ald. Vitale seconded, motion carried by roll call vote. Roll Call was taken and the following were present: Roll Call - 5 - Haass, Kuehn, Lajsic, Vitale, Weigel 40. 2020-0344 Claim by Robert Mills regarding injuries and damages at W. Rogers St. and S. 116th St. on April 27, 2020. Committee Action: Ald. Lajsic moved to allow payment, Ald. Vitale seconded, motion carried. Ald. Kuehn moved to adjourn at 8:11 p.m., Ald. Weigel seconded, motion carried. Council Action: Approved PUBLIC WORKS COMMITTEE Committee convened at 7:56 p.m. Public Hearing Items (Public Works Committee) Passed The Block Vote Ald. Roadt moved to approve the action on items #41 - #44, motion carried by roll call vote: Aye: 8- Haass, Kuehn, Lajsic, Roadt, Stefanski, Turner, Vitale, and Weigel No: 0 41. R-2023-0209 Resolution to vacate part of the alley north of the 7400 block of W. Greenfield Ave. Committee Action: Ald. Stefanski moved to adopt, Ald. Turner seconded, motion carried Council Action: Approved 42. R-2023-0258 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 S. 68th St. to S. 78th St. Union Pacific Railroad to W. Oklahoma Ave. by miscellaneous sidewalk repair. Sponsors: Public Works Committee Committee Action: Ald. Stefanski moved to adopt, Ald. Turner seconded, motion carried Council Action: Approved City of West Allis Page 7 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 New and Previous Matters 43. R-2023-0217 Resolution to vacate and discontinue a part of W. Maple St. west of S. 89th St. Sponsors: Public Works Committee Committee Action: Ald. Stefanski moved to adopt, Ald. Turner seconded, motion carried Council Action: Approved 44. R-2023-0259 Final Resolution authorizing public improvement by miscellaneous sidewalk repair in the general area bounded by S. 68th St. to S. 78th St.: Union Pacific Railroad to W. Oklahoma Ave. and levying special assessments against benefited properties. Sponsors: Public Works Committee Committee Action: Ald. Stefanski moved to adopt, Ald. Turner seconded, motion carried Ald. Stefanski moved to adjourn at 7:59 p.m., Ald. Turner seconded, motion carried. Council Action: Approved ECONOMIC DEVELOPMENT COMMITTEE Committee convened at 8:11 p.m. Passed The Block Vote Ald. Lajsic moved to approve the action on items #45 - #46 and #48 - #51, motion carried by roll call vote: Aye: 8- Haass, Kuehn, Lajsic, Roadt, Stefanski, Turner, Vitale, and Weigel No: 0 Public Hearing Items (Economic Development Committee) 45. 2023-0219 Conditional Use Permit for Dunkin', a proposed Restaurant with accessory drive-through service, at 7801 W. Greenfield Ave. Committee Action: Ald. Weigel moved to approve, Ald. Vitale seconded, motion carried. Council Action: Approved 46. R-2023-0172 Resolution to approve a conditional use permit for a community living arrangement for up to 12 persons at 1467 S. 75th St. Committee Action: Ald. Weigel moved to adopt, Ald. Vitale seconded, motion carried. Council Action: Adopted City of West Allis Page 8 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 48. 2023-0190 New Class B Tavern & Public Entertainment Premises License application for Archie’ Flat Top LLC, d/b/a Archie’s Flat Top, 6922 W. Becher St. Agent: Mark S. Lutz (ALC 23 7) Committee Action: Ald. Weigel moved to approve, Ald. Vitale seconded, motion carried. Council Action: Granted 49. 2023-0203 New Class B Tavern & Public Entertainment Premises License application for Odd-E’s Pub, LLC, d/b/a Odd-E’s Pub, 8812 W. Greenfield Ave. Agent: Adi Sarkanjac (ALC 23 8) Committee Action: Ald. Weigel moved to amend hours to open at 11:00 a.m. on Saturdays and Sundays, Ald. Kuehn sedonded, motion carried. Ald. Vitale moved to approve as amended, Ald. Haass seconded, motion carried. Council Action: Granted 50. 2023-0256 New Class B Tavern License application for Samuel Raph Restaurant Group LLC, d/b/a Michael's Family Restaurant of West Allis, 8417 W. Cleveland Ave. Agent: Samuel Speaker. (ALC 23 9) Committee Action: Ald. Kuehn moved to approve, Ald. Weigel seconded, motion carried. Council Action: Granted 51. 2023-0257 New Class B Tavern & Public Entertainment Premises License application for 2Plus2 Success, d/b/a LA Pub & Grill, 5832 W. Lincoln Ave. Owner/Agent: Anthony Burgarino. (ALC 23 10) Committee Action: Ald. Weigel moved to to approve at committee but hold at council pending occupancy approval, Ald. Kuehn seconded, motion carried. Council Action: Held 47. 2023-0189 New Class B Tavern & Public Entertainment Premises License application for M&S Adventures LLC, d/b/a M&S Adventures, 6540 W. Grant St. Agent: Melissa Hayes. (ALC 23 6) City of West Allis Page 9 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 Committee Action: Held for non-appearance of agent. Council Action: Ald. Lajsic moved to approve motion to discharge committee and bring to Council due to applicant arriving late. No out door activities are approved as part of this motion, Ald. Vitale seconded, motion carried. Ald. Haass moved to approve contingent upon Alibi surrendering license, Ald. Vitale seconded, motion carried. Granted contingent upon Alibi surrendering license Ald. Lajsic moved to approve item #47, motion carried by roll call vote: Aye: 8- Haass, Kuehn, Lajsic, Roadt, Stefanski, Turner, Vitale, and Weigel No: 0 PUBLIC SAFETY COMMITTEE Committee convened at 7:59 p.m. Passed The Block Vote Ald. Lajsic moved to approve the action on items #52 - #53 and #55, motion carried by roll call vote: Aye: 8- Haass, Kuehn, Lajsic, Roadt, Stefanski, Turner, Vitale, and Weigel No: 0 52. 2023-0279 March 28, 2023 Public Safety Committee Minutes. Committee Action: Ald. Stefanski moved to adopt, Ald. Turner seconded, motion carried Council Action: Approved 53. O-2023-0028 Ordinance authorizing the impounding of certain vehicles used to commit reckless driving. Sponsors: Alderperson Grisham Committee Action: Ald. Turner moved to adopt, Ald. Stefanski seconded, motion carried Council Action: Approved 55. 2023-0246 New Class D Operator (Bartender) Application for Tami Poldo. (First appearance) Committee Action: Ald. Stefanski moved to adopt, Ald. Turner seconded, motion carried Council Action: Approved 54. 2023-0202 New Class D Operator (Bartender) Application for Katherine Wisniewski. (Second appearance) City of West Allis Page 10 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 Committee Action: Ald. Stefanski moved to approve, Ald Roadt seconded, motion carried with one Nay from Ald. Turner. Council Action: Granted Ald. Roadt moved to approve item #54, motion carried by roll call vote: Aye: 6- Haass, Kuehn, Lajsic, Roadt, Stefanski, and Weigel No: 2- Turner, and Vitale 56. 2023-0240 Consideration of Proposed Resolution of Complaint. Committee Action: Ald. Stefanski moved to approve settlement stipulations, Ald. Turner seconded, motion carried Council Action: Approved 57. 2023-0177 Summons and Complaint in the matter of complaint against Bug N Out, 5630 W. Lincoln Avenue. Agent: Amy Thompson. Committee Action: Ald. Stefanski moved to approve finding the complaint true and impose suspension included in item #56, Ald. Turner seconded, motion carried Ald. Stefanski moved to adjourn at 8:20 p.m., Ald. Turner seconded, motion carried Council Action: Approved N. ADJOURNMENT Ald. Lajsic moved to adjourn at 8:54 p.m., Ald. Stefanski seconded, motion carried. Next scheduled meeting is May 2, 2023 at 7:00 p.m. YouTube Meeting Links for April 18, 2023: Common Council Part 1 https://www.youtube.com/watch?v=EhjsflzIlg4 Recess - Administration & Economic Development https://www.youtube.com/watch?v=uJPmRd81RW8 Recess - Public Works & Public Safety https://www.youtube.com/watch?v=W88iquufkmw Common Council Part 2 https://www.youtube.com/watch?v=faTuQQgFpWY City of West Allis Page 11 Printed on 5/3/2023 Common Council Meeting Minutes April 18, 2023 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 5/3/2023