Village Board Meetings and Agendas

VILLAGE OF PEWAUKEE VILLAGE BOARD MINUTES
April 5, 2023

1. Call to Order, Pledge of Allegiance, Moment of Silence, and Roll Call
President Knutson called the meeting to order at approximately 6:00 p.m. The Pledge of Allegiance was recited, followed by a moment of silence.

Roll Call was taken with the following Village Board members present: Trustee Ed Hill, Trustee Bob Rohde, Trustee Kelli Belt, Trustee Chris Krasovich, Trustee Jim Grabowski; Trustee Craig Roberts; and President Jeff Knutson.

Also Present: Village Attorney, Mark Blum; Director of the Public Works Department, Dan Naze; Village Administrator, Scott Gosse; Village Clerk, Cassie Smith; and Chief of Police, Tim Heier.

2. Public Hearings/Presentations

a. Ordinance No. 2023-02, Ordinance to Amend Section 40.471 of the Village Code of Village of Pewaukee Regarding the Regulation of Transient Commercial Lodging Uses in Residential Districts
No comments were made.

3. Approval of Minutes of Previous Meeting

a. Minutes of the Regular Village Board Meeting – March 21, 2023
Trustee Hill moved, seconded by Trustee Krasovich to approve the March 21, 2023, minutes of the Regular Village Board meeting as presented.
Motion carried 7-0.

4. Citizen Comments
Steve Rucci @ 161 W Wisconsin Ave. – Mr. Rucci spoke regarding the Village’s Liquor Licenses and asked for a waiting list to be created.

Sarah Stephens @ 161 W Wisconsin Ave - Ms. Stephens spoke about renting the two public parking spots outside her business. She asked for the same consideration as other businesses that rent spots for street dining so that she can have dedicated spots for her customers to pick up from her store.

5. Ordinances

a. Possible Action on Ordinance No. 2023-02, Ordinance to Amend Section 40.471 of the Village Code of Village of Pewaukee Regarding the Regulation of Transient Commercial Lodging Uses in Residential Districts
Administrator Gosse stated that this Ordinance was discussed at the Plan Commission for several months. The Plan Commission recommended the current code language to the Village Board on a 4-2 vote. The current code language is not compliant with State Statutes and the draft language would bring the code into compliance. The Plan Commission recommended a 3-night minimum, with rentals allowed 365 days per year, and an annual license.
Trustee Roberts stated this item was on the Plan Commission agenda for 3 months, and an agreement couldn’t be met. The proposed draft language was recommended to the Village Board with a 4-2 vote which demonstrates it is not overall favored. State Statutes prevail until we have an ordinance that is compliant. The minimum stay can be 1-6 nights and we could place a limit on rentals from 180 – 365 days. Roberts stated he is opposed to the minimum night stay of 3 nights. He would like to ensure that rentals are not bachelor or bachelorette parties which would create a nuisance for neighbors, and he is concerned that the land use is not compatible with the surrounding area. He believes short-term rentals do not fit in with the neighborhood, businesses should not be able to operate within residential areas. He would be in favor of the minimum allowed nights at 6 nights.
Trustee Grabowski stated that the short-term rentals have already been operating in the Village and according to the Police Chief, no complaints have been made at these properties. This could also create another revenue stream if we collected occupancy tax which the Village currently loses each year. This money could help pay for events such as fireworks. There is a lot of speculation, but the evidence of issues is lacking.
Trustee Rohde asked for insight on how the Plan Commission arrived at the 3-night minimum. Roberts responded and stated that there were many differences of opinion and 4-6 days would be more of a family-oriented stay instead of a party on the weekend. Rohde stated that a mechanism to address compliance issues will be complicated and he would rather avoid the problems rather than react to them.
Trustee Hill stated that four emails were received by the Board from Melissa and Mark Schieble, Amanda Wegner, and Kimberly Hanan; all four individuals expressed their opposition to the ordinance and want restrictions to be as restrictive as possible. The City of Pewaukee and Town of Delafield adopted an ordinance regarding short-term rentals and they have a minimum stay of 6 nights. The draft ordinance speaks to requiring a minimum of 3 parking stalls which relates to the requirements within the current code.
Trustee Grabowski stated that the Village Board hasn’t heard of any residents who live next to a short-term rental. His residence is close to a short-term rental, and it has been a great experience.
Trustee Belt agrees with Trustee Roberts. She supports the most restrictive terms. Short-term rentals are more prevalent on the lake. Residential areas should stay residential, and lodging is better suited in a commercial area, not in a residential area. She expressed concerns about future ownership of these properties due to the trend of corporations buying homes. Managers living within 5 miles are not local owners. This area is not a tourist town and she would like it to stay a residential lake community.
Trustee Krasovich stated that it is obvious that there is not a consensus among the residents therefore whichever way the Board votes someone will not be satisfied.
Trustee Rohde expressed that he is concerned that Kopmeier Dr, which will have a 6-night minimum on one side of the Road and a 3-night minimum on the other. He believes we should not be completely different on the same road and that property owners have the right to know their next-door neighbors.
Trustee Grabowski stated that there is no correlation between short-term renters and criminal activity so this is a moot point. Long-term renters are harder to remove than short-term renters.
President Knutson stated that the Town of Delafield and the City of Pewaukee have hotels in their community, but the Village does not. The draft ordinance requires licensing which gives the Village the ability to investigate or withhold a license if a property becomes problematic. He stated that the Village doesn’t have to follow what other communities do. He would like the Village to be a destination for people to come to and enjoy therefore he is in favor of the 3-night minimum.
Trustee Grabowski moved, seconded by Trustee Krasovich to Approve Ordinance No. 2023-02 to Amend Section 40.471 of the Village Code of Village of Pewaukee Regarding the Regulation of Transient Commercial Lodging Uses in Residential Districts with the Update in Section 6(1)(e) to Reference ATCP 72.
Motion carried on roll call vote 4-3; Trustee Rohde, Belt and Roberts voted nay.

b. Possible Action on Ordinance No. 2023-03, Ordinance to Amend Chapter 86, Article III, Section 86.111 of the Code of Ordinances Regarding Speed Limits Decreased (W. Wisconsin Avenue along Lakefront Park)
Trustee Hill explained that this Ordinance was presented at the Public Works and Safety meeting on March 21st, 2023. This ordinance would change the speed limit to 15 mph year-round. Trustee Hill responded to Trustee Rohde; the Commission felt that the same issues were present in the winter months regarding blind-angled parking and pedestrians crossing out of the crosswalks.
Trustee Krasovich moved, seconded by Trustee Roberts to Approve Ordinance No. 2023-03 to Amend Chapter 86, Article III, Section 86.111 of the Code of Ordinances Regarding Speed Limits Decreased (W. Wisconsin Avenue along Lakefront Park) as Presented.
Motion carried 7-0.

6. Resolutions– None

7. Old Business - None

8. New Business

a. Discussion and Possible Action on Right-of-Way/Lease Agreement for Public Parking Spaces with Beach Bum Bakery, 161 W. Wisconsin Avenue, Unit 1G
Admin Gosse explained that Beach Bum Bakery submitted a request that was reviewed at the Public Works and Safety meeting on March 21st, 2023 which leases 2 parking spaces in front of the business for their customers only. The owner would like to rent the spaces from the Village just as other businesses do for dining. If approved the same terms and conditions as street dining rentals would be given. Gosse expressed that staff has discussed and enforcement is a concern due to the investigation time required if towing were to be utilized as a tool. Trustee Grabowski questioned the lease, if it is private could the rights be given to the leaser to enforce the parking? Attorney Blum spoke regarding the lease and stated that would be a policy decision but he would advise against allowing the business to tow vehicles at their discretion. Discussion followed regarding making 4 stalls 15-minute parking for all businesses and enforcement.
Trustee Krasovich moved, seconded by Trustee Grabowski to Approve the Right-of-Way/Lease Agreement for Public Parking Spaces with Beach Bum Bakery, 161 W. Wisconsin Avenue, Unit 1G as Presented.
Motion carried 6-1; Trustee Belt voting nay.

b. Discussion and Possible Action on Agreement with Flock Group Inc. for Hardware and Software License Plate Camera System
Admin Gosse stated that five Flock cameras cost $15,000 for two years. The installation cost is $1,750. The funds for the Flock cameras were approved using ARPA funds in the amount of $15,000 but the cost of installation was omitted as the Department was not advised of the cost. Utilizing the operational budget to fund the installation can be done due to short staffing in the Police Department. This is a minimum 2 year agreement. Trustee Rohde stated that it is important to give the Police Department the best possible equipment to keep the community safe. Installation should begin within 6-9 weeks.
Trustee Hill moved, seconded by Trustee Rohde to Approve the Agreement with Flock Group Inc. for Hardware and Software License Plate Camera System in the Amount of $15,000 Using ARPA Funs and an Additional $1,750 for Installation Using the Operational Budget.
Motion carried 7-0.

c. Update on Finance Committee
Trustee Belt stated that she and Trustee Roberts met a few times to start framing the Finance Committee. The group has determined that a quarterly report will be presented at the second meeting of the month after the close of the quarter with Trustees Belt and Roberts reviewing monthly reports. Roberts stated that this will satisfy the strategic planning objective to create transparency of the Village’s finances. Belt stated that the Financial Dashboard has a goal to be completed by the end of September.

d. Discussion and Direction on Trustee Committee Appointment Terms
President Knutson asked for this item to be removed from this meeting.

e. Discussion and Direction on Proposed Building Code Amendment
Trustee Hill stated he would like to amend the Village ordinance regarding demolition. He would like the following to be added to the Ordinance language. “all hazardous and environmentally sensitive materials must be removed, contained and/or properly disposed of per current US EPA and WI DNR regulations with proper documentation submitted to Building Inspection Services. This includes and is not limited to; asbestos, lead based paint, florescent light bulbs, ballast, oil, and refrigerant.” The consensus of the Village Board is to bring this item back with the proposed language in Ordinance form.

f. Discussion and Possible Action on Proposal for Engineering Services, Village Bridge Deck Surface Treatments
Director Naze stated it was recommended to have a polymer overlay to extend the life of bridge decks. Ayres quoted a total cost of $15,800. This amount is in the Capital Improvement Projects and the funds would be paid out of the Capital Project Fund.
Trustee Hill moved, seconded by Trustee Grabowski to Approve the Proposal for Engineering Services in the Amount not to Exceed $15,800 for Bridge Desk Surface Treatments.
Motion carried 7-0.

g. Alcohol License

1. Possible Action on Agent Change at Pick-n-Save
Trustee Grabowski moved, seconded by Trustee Rohde, to Approve Craig Petersburs as the New Agent for Mega Marts, LLC Located at 1405 Capitol Drive.
Motion carried 7-0.

2. Possible Action on New Class A License Regarding 1256 Capitol Dr #600
The applicant requested to remove this item from the agenda.

9. Citizen Comments
Steve Rucci @ 161 W Wisconsin Ave. – Mr. Rucci requested the Village make a waiting list for a “Class B” license available online.

10. Closed Session. – The Village Board of the Village of Pewaukee will enter into closed session pursuant to Wis. Statute Section 19.85(1)(e) for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, specifically regarding Riverside Preserve Developers Agreement; and pursuant to Wis. Statute Section 19.85(1)(g) for the purpose of conferring with legal counsel for the governmental body who is
rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, specifically regarding 460 Park Avenue. 
Trustee Rohde moved, seconded by Trustee Hill to move into Closed Session at approximately 7:40 p.m.
Motion carried on Roll Call vote, 7-0.

11. Reconvene into Open Session
Trustee Grabowski moved, seconded by Trustee Roberts to reconvene into Open Session at Approximately 7:54 p.m.
Motion carried on Roll Call vote, 7-0.

a. Possible Action on Riverside Preserve Developers Agreement
Trustee Hill moved, seconded by Trustee Roberts to Approve the Riverside Preserve Developers Agreement as Presented with the Addition of Requiring the Developers Agreement be Signed and Returned Before April 14, 2023.
Motion carried 7-0.

b. Possible Action on Proposal Related to 460 Park Avenue Regarding Property Maintenance
Trustee Roberts moved, seconded by Trustee Grabowski to Engage in an Agreement with Facility Services Group to Clean the Yard, Remove Hazardous Materials from the Property, and Secure the Doors and Windows.
Motion carried 7-0.

12. Adjournment
Trustee Hill moved, seconded by Trustee Krasovich to adjourn the April 5, 2023, Regular Village Board meeting at approximately 7:57 p.m.
Motion carried 7-0.

Respectfully Submitted,

Casandra Smith Village Clerk