Ordinances Regarding Parking Violations and Forfeitures and Issuance of Class B Intoxicating Liquor Licenses, Committee Member Appointments, Transient Lodging in Residential Districts, Water Main Easement 1300 Hickory St, Aerial Platform Truck Purchase, Food Vendor Licenses, New Class A License, Temporary Class B License and Closed Session Regarding Jade Reef Properties Developers Agreement, WMC
VILLAGE OF PEWAUKEE VILLAGE BOARD MINUTES June 6, 2023
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1. Call to Order, Pledge of Allegiance, Moment of Silence, and Roll Call
President Knutson called the meeting to order at approximately 6:02 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 Bob Rohde (arrived at 6:05 p.m.), Trustee Kelli Belt; Trustee Chris Krasovich; Trustee Craig Roberts; Trustee Jim Grabowski; and President Jeff Knutson. Trustee Heather Gergen was excused.
Also Present: Village Attorney, Mark Blum; Village Administrator, Scott Gosse; Director of Public Works, Dan Naze; Police Chief, Timothy Heier; and Village Clerk, Cassie Smith
2. Public Hearings/Presentations – None
3. Approval of Minutes of Previous Meeting
a. Minutes of the Regular Village Board Meeting – May 16, 2023
Trustee Roberts moved, seconded by Trustee Krasovich to approve the May 16, 2023, minutes of the Regular Village Board meeting as presented.
Motion carried 5-0.
4. Citizen Comments - none
5. Ordinances
a. Possible Action on Ordinance No. 2023-08, Ordinance to Amend Chapter 86, Article II, Section 86.109 of the Code of Ordinances Regarding Parking Violations and Forfeitures
Trustee Grabowski stated that at a past meeting, the option of issuing parking tickets proportionate to the number of parking spaces occupied was discussed. This ordinance would update the code so that the Police Department can start the issuance of tickets based on the number of spaces occupied. The example given was, if a truck has a trailer and they park in excess of one hour, the owner would receive 2 tickets, one for his vehicle and one for the trailer. The topic regarding citation costs will be presented at a future meeting.
Trustee Roberts moved, seconded by Trustee Grabowski, to Approve Ordinance No. 2023-08 to Amend Chapter 86, Article II, Section 86.109 of the Code of Ordinances Regarding Parking Violations and Forfeitures as Presented.
Motion carried 6-0.
b. Possible Action on Ordinance No. 2023-09, Ordinance to Amend Section 6.111 and to Create Section 6.117.1 of the Village of Pewaukee Municipal Code Regarding the Issuance of Class B Intoxicating Liquor Licenses
Clerk Smith stated that the proposed ordinance is presented due to the discussion at the last Village Board meeting. Attorney Blum stated that Section 3(a) doesn’t include any surrendered licenses because that could hinder a business that would like to sell because the sale wouldn’t be able to be transferred to the new owner. Frequently, businesses’ surrender of a license is contingent upon the license transfer to the new owner. Any abandonment would have to comply with the 180 days to commence.
Trustee Grabowski moved, seconded by Trustee Belt, to Approve Ordinance No. 2023-09 to Amend Section
6.111 and to Create Section 6.117.1 of the Village of Pewaukee Municipal Code Regarding the Issuance of Class B Intoxicating Liquor Licenses as Presented.
Motion carried 6-0.
6. Resolutions – None.
7. Old Business
a. Discussion and Possible Action on Committee Appointments
1. Public Works & Safety Committee – 3 Citizen Members (3 year terms)
Trustee Grabowski motioned, seconded by Trustee Rohde to Appoint Patrick Wunsch, Laurin Miller, Ed Hill as Citizen Members of the Public Works & Safety Commission with terms ending 4/30/2026.
Motion carried 6-0.
2. Historic Preservation Commission –1 Member (term to expire 4/30/24); 1 Member Architect (term to expire 4/30/24); 1 Member (3 year term)
No action taken.
8. New Business
a. Discussion and Direction on Possible Ordinance Amendment to Section 40.471 of the Village Code Regarding Transient Lodging within Residential Districts
Administrator Gosse stated that this topic was raised by Trustee Rohde at the last Village Board meeting regarding properties that are not in residential districts but are used residentially. The updated ordinance includes an expanded definition to encompass different types of scenarios involving possible residential uses in non- residentially zoned districts. If consensus favors the updated ordinance, direction needs to be made to present it to the Plan Commission. The Ordinance would then come back to the Village Board for a public hearing.
Trustee Krasovich motioned, seconded by Trustee Roberts to Approve sending this Ordinance Amendment to Section 40.471 of the Village Code Regarding Transient Lodging within Residential Districts to the Plan Commission.
Motion carried 6-0.
b. Discussion and Possible Action on Water Main Easement Acceptance Related to 1300 Hickory Street
Director Naze gave background stating that in 2009 the easement approved only came to the property line and the business didn’t have a way to fill large water capacities. The business rented a hydrant meter for the entire summer but PSC rules do not allow for this. The property owner needs to create an easement for the water main, so they hired a consultant who put the easement together, which has been reviewed by raSmith. After approval, the water main would become Village owned and the business will have the ability to get the water needed and metered.
Trustee Krasovich moved, seconded by Trustee Grabowski, to Approve Water Main Easement Related to 1300 Hickory St as Presented.
Motion carried 6-0.
c. Discussion and Possible Action on Aerial Platform Truck Purchase
Director Naze – the current aerial truck was bought from County many years ago and prices have increased largely since 2020. DPW garnered two proposals where one was for $298,733. The other quote didn’t meet the needs as directed so it was not a viable quote. January 2025 would be the earliest delivery date. Currently, the CIP includes
$300,000 for the Aerial truck.
Trustee Roberts moved, seconded by Trustee Rohde, to Approve the Aerial Platform Truck Purchase in the amount of up to $320,000 in the event the quote increases between now and the order for the chassis.
Motion carried 6-0.
d. License Applications
1. Food Vendor License
a. Tree Ripe Fruit Co.
Trustee Krasovich moved, seconded by Trustee Roberts, to Approve Tree Ripe Fruit Co. Food Vendor License as Presented on June 26 & July 17, 2023.
Motion carried 6-0.
b. Pewaukee Fire Auxiliary
Trustee Rohde moved, seconded by Trustee Krasovich, to Approve the Pewaukee Fire Auxiliary Food Vendor License as Presented on June 23-24, 2023.
Motion carried 6-0.
c. Cantina Tacos
Trustee Grabowski moved, seconded by Trustee Roberts, to Approve Cantina Tacos Food Vendor License as Presented on July 15, 2023.
Trustee Rohde stated that community non-profits and for-profits are charged $40 for food vendor permits.
Motion carried 6-0.
d. Kiwanis Club of Pewaukee
Trustee Krasovich moved, seconded by Trustee Grabowski, to Approve Kiwanis Club of Pewaukee’s Food Vendor License as Presented on June 23-24, 2023.
Motion carried 6-0.
2. New “Class A” License for Lake and Pine Co., LLC
Trustee Roberts explained that he knows the Village Board approved Spargo for this same type of use, but he still doesn’t believe it aligns with the State Statutes and the way these licenses are intended to be used. Discussion regarding the lawful use of a “Class A” license and the precedence set continued.
Trustee Grabowski moved, seconded by Trustee Krasovich, to Approve a New “Class A” License for Lake and
Pine Co., LLC to Offer Samples for the July 1st, 2023 - June 30, 2024, Term as Presented. Motion carried 5-1; Trustee Roberts voted nay.
1. Temporary Class “B” License for Positively Pewaukee
Trustee Rohde moved, seconded by Trustee Grabowski, to Approve Positively Pewaukee’s Temporary Class “B”
Retailers Licenses for the dates below, as presented:
• Family Fun Fest on 8/17/2023
• Waterfront Wednesdays on 6/7, 6/14, 6/21, 6/28, 7/12, 7/19, and 7/26/2023
• Summer Sizzle Event on 7/15/2023
Motion carried 6-0.
9. Citizen Comments – None
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 Jade Reef Properties, LLC 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 Wisconsin Manufacturers & Commerce.
Trustee Roberts moved, seconded by Trustee Rohde to Move into Closed Session at Approximately 6:40 p.m.
Motion carried on Roll Call Vote, 6-0.
11. Reconvene into Open Session
Trustee Rohde moved, seconded by Trustee Krasovich to Reconvene into Closed Session at Approximately 7:19 p.m.
Motion carried on Roll Call Vote, 6-0.
12. Adjournment
Trustee Krasovich moved, seconded by Trustee Roberts to adjourn the June 6, 2023, Regular Village Board meeting at approximately 7:20 p.m.
Motion carried 6-0.
Respectfully Submitted,
Casandra Smith Village Clerk