Ordinances regarding Garbage/Recycling Bins Storage, Density Limits, Setbacks/Yards, Open Space Requirements and License Fees of intoxicating liquor or fermented malt beverages, Resolutions regarding $1,185,000 General Obligation Promissory Notes and DNR Annual Report, Lake Park HOA Declaration of Restrictions Amendment, Water Main Easement Pewaukee School District, Annual Alcohol Licenses, Food Vender Licenses, Temporary Class "B"/"Class" B Retailer Licenses, and Monthly Checks and Invoices.
VILLAGE OF PEWAUKEE VILLAGE BOARD MINUTES
June 20, 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 6:01 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 Heather Gergen; Trustee Bob Rohde; Trustee Kelli Belt; Trustee Chris Krasovich; Trustee Craig Roberts; and President Jeff Knutson. Trustee Jim Grabowski was excused.
Also Present: Village Attorney, Mark Blum; Village Administrator, Scott Gosse; Director of Public Works, Dan Naze; Village Planner, Mary Censky; Village Treasurer, Kayla Haack; Utility Supervisor, Shawn Tremaine; Village Clerk, Cassie Smith; Baker Tilly Representative, John Radar; and Robert W. Baird Representative, Brad Viegut.
2. Public Hearings/Presentations
a. 2022 Audit Presentation
The Baker Tilly Representative, Auditor John Radar, presented an overview of the 2022 audit. He specifically explained pages 1-9 of the Financial Highlights audit packet giving the status of each fund individually. All funds remain healthy, other than the Stormwater Utility which should be reviewed due to this Utility Fund has zero reserves.
b. Public Hearing on Ordinance No. 2023-10, Ordinance To Amend Sections 40.367.4, 40.367.5, 40.367.7, and 40.367.8 of the Village of Pewaukee Municipal Code Regarding Garbage/Recycling Bins Storage, Density Limits, Setbacks/Yards, and Open Space Requirements in the Residential Infill-Redevelopment Overlay District
No comments.
3. Approval of Minutes of Previous Meeting
a. Minutes of the Regular Village Board Meeting – June 6, 2023
Trustee Rohde moved, seconded by Trustee Krasovich, to Approve the June 6, 2023, minutes of the Regular Village Board meeting as presented.
Motion carried 6-0.
4. Citizen Comments - none
5. Ordinances
a. Possible Action on Ordinance No. 2023-10, Ordinance To Amend Sections 40.367.4, 40.367.5, 40.367.7, and 40.367.8 of the Village of Pewaukee Municipal Code Regarding Garbage/Recycling Bins Storage, Density Limits, Setbacks/Yards, and Open Space Requirements in the Residential Infill-Redevelopment Overlay District
Planner Censky stated that in March she was asked to examine the infill-redevelopment overlay district’s garbage/recycling storage, density limits, setbacks/yards, and open space requirements. The Village Board referred the draft ordinance to the Plan Commission for review. The Plan Commission’s consensus was to not move forward with the draft ordinance as they remained satisfied with the current code. The Commission stated they would review the current status of the development in about one year. Trustee Rohde stated that he endorses no action, the work Plan Commission did on this Ordinance was comprehensive.
Trustee Roberts moved, seconded by Trustee Rohde, to Take No Action on Proposed Ordinance 2023-10 To Amend Sections 40.367.4, 40.367.5, 40.367.7, and 40.367.8 of the Village of Pewaukee Municipal Code Regarding Garbage/Recycling Bins Storage, Density Limits, Setbacks/Yards, and Open Space Requirements in the Residential Infill-Redevelopment Overlay District.
Motion carried 6-0.
b. Possible Action on Ordinance No. 2023-11, Ordinance to Amend Section 6.121 of the Village of Pewaukee Municipal Code Regarding License Fees of intoxicating liquor or fermented malt beverages within the Village.
Clerk Smith presented the draft Ordinance which would include pricing in the Village code for Reserve “Class B” Liquor Licenses and give separation between a regular Reserve License and a Transfer Reserve License.
Trustee Roberts moved, seconded by Trustee Belt, to Approve Ordinance No. 2023-11 to Amend Section 6.121 of the Village of Pewaukee Municipal Code Regarding License Fees of intoxicating liquor or fermented malt beverages within the Village to Specifically Record the Regular Reserve License Fee to be $10,000 and the Reserve Transfer Class B license to be sold for the Actual Cost to Acquire the Transfer License with any Subsequent Reissuance of the Transfer License to Pay the Regular Reserve License Fee of $10,000.
Motion carried 6-0.
6. Resolutions
a. Possible Action on Resolution No. 2023-07, Resolution Providing for the Sale of Approximately $1,185,000 General Obligation Promissory Notes
Administrator Gosse stated that since the packet delivery a major change has been made to the total financing required amount. A recommendation was made to postpone the Quinlan water tower maintenance until 2024 due to the anticipated start date being later this fall which would not be a good time for this project to occur. This change in projects would amend the funding amount to $670,688. The new amount would make funding through a State Trust Fund Loan more advantageous than a bank placement loan. Brad Viegut, Financial Advisor with Robert W. Baird, indicated that the State Trust Fund’s interest rate is 5.5% and no payment would be due until March of 2025 if the loan closed after September 1, 2023. This would still allow the Village to refinance the loan in 2024 if the market were to be more favorable. The direction of the Village Board was to start the preparation of applying for the State Trust Fund Loan with the Board of Commissioners of Public Lands.
b. Possible Action on Resolution No 2023-08, Resolution Regarding the Wisconsin Department of Natural Resources Reporting Year 2022 Compliance Maintenance Annual Report
Director Naze presented the Compliance Maintenance Annual Report and gave a brief overview.
Trustee Gergen moved, seconded by Trustee Rohde, to Approve Resolution 2023-08, Regarding the Wisconsin Department of Natural Resources Reporting Year 2022 Compliance Maintenance Annual Report as Presented.
Motion carried 6-0.
7. Old Business - None
8. New Business
a. Discussion and Possible Action on Approval of Lake Park HOA Declaration of Restrictions Amendment 1
Attorney Blum gave an overview regarding the receipt of the Lake Park HOA Declaration of Restrictions and the revision that was added which put restrictions on short-term rentals in the subdivision. The original approval of the Declaration of Restrictions when the subdivision was created required Village approval of any modifications to the document. Attorney Blum stated that he spoke with the HOA attorney and advised the attorney of the limitations placed on municipalities regarding the regulation and/or prohibition of short-term rentals and that Village approval of the proposed Declaration of Restrictions is not permitted by state law.
Trustee Roberts moved, seconded by Trustee Rohde, to Acknowledge the Receipt of the Request from the Lake Park Homeowners Association’s Declaration of Restrictions but Due to Wisconsin State Statute Sec. 66.1014 which preempts the Village from approving Short-Term Rental Restrictions, The Village Board of the Village of Pewaukee Waives its Right to Approve the Presented Amendment of the Declaration of Restrictions.
Motion carried 6-0.
b. Discussion and Possible Action on Acceptance of Water Main Easement from Pewaukee School District
Administrator Gosse explained that this easement is a necessity due to the installation of the softball field project at the School District. The proposed water main easement will provide access for maintenance in the future.
Trustee Gergen moved, seconded by Trustee Krasovich, to Approve the Revised Watermain Easement with Pewaukee School District as Presented.
Motion carried 6-0.
c. License and Permit Approvals
1. Annual Alcohol Licenses
Trustee Krasovich moved, seconded by Trustee Gergen to approve the renewal of Class “A” Beer and “Class A” (Cider Only) Liquor Licenses in the Village of Pewaukee for the license period of July 1, 2023, through June 30, 2024, as presented, to the following applicants and their listed agents:
-603 Capitol LLC DBA Pewaukee BP, Agent: Maninder Kaur
-Kwik Trip Inc. DBA Kwik Trip 865, Agent: Mark Panka
-McMahon Management DBA Pewaukee Corner Pump, Agent: Joseph M. McMahon
-Kwik Trip, Inc. DBA Stop-N-Go #1526, Agent: Jordyn Plymesser
Motion carried 6-0.
Trustee Krasovich moved, seconded by Trustee Gergen to approve the renewal of Class “A”/”Class A” Combination Liquor Licenses in the Village of Pewaukee for the license period of July 1, 2023, through June 30, 2024, as presented, to the following applicants and their listed agents:
-Aldi, Inc (Wisconsin) DBA Aldi, Agent: Erika Bruening
-Beachside Boat & Bait, LLC, Agent: Marietta T. Herdeman
-DK & KD LLC, DBA Brewers Wine and Spirits, Agent: Ravin Daniel
-Costco Wholesale Corporation DBA Costco Wholesale #1101, Agent: Steven Tefend
-Mega Marts LLC DBA Pick ‘n Save #6374, Agent: Craig Peterburs
-Spargo Salon, LLC, Agent: Jeremy Chapman
-Walgreens Co. DBA Walgreens #05309, Agent: Michelle Morano
-Wal-Mart Stores East LP DBA Walmart #3322, Agent: Brendan Barrett
Motion carried 6-0.
Trustee Roberts moved, seconded by Trustee Rohde to approve the renewal of Class “B” Beer Licenses in the Village of Pewaukee for the license period of July 1, 2023, through June 30, 2024, as presented, to the following applicants and their listed agents:
-Cool Draft LLC DBA The HandleBar, Agent: Scott Hoggatt
-PPF Corporation DBA Tsuta Ramen, Agent: Ping P. Feng
Motion carried 6-0.
Trustee Gergen moved, seconded by Trustee Krasovich to approve the renewal of Regular Class “B”/”Class B” Combination Liquor Licenses in the Village of Pewaukee for the license period of July 1, 2023, through June 30, 2024, as presented, to the following applicants and their listed agents:
-Karma44 LLC DBA 4 Keeps, Agent: Jennifer Keepman
-Wisconsin Apple, LLC DBA Applebee’s, Agent: Frank Gonzales
-Artisan 179, Agent: Carrie L. Boehm
-Asiana of Wisconsin Inc. DBA Asiana of Wisconsin, Agent: Chen Yurong (updated at meeting)
-Vasili LLC DBA Billy Ho’s Pub & Eatery, Agent: Bill L. Markopoulos
-Blazin Wings Inc. DBA Buffalo Wild Wings, Agent: Robert Bartholomew
-Butler Inn, LLC DBA Butler Inn of Pewaukee, Agent: Dixit Dudhat
-Carlee’s Bar & Grill LLC DBA Carlee’s Bar & Grill, Agent: Jacob Bernotas
-Casa Tequila Restaurant LLC DBA Casa Tequila Restaurant, Agent: Maria Campuzano
-MCV Beers LLC DBA Craft Beer Cellar Pewaukee, Agent: Mark Van Dehy
-Four Star Family Sports Pub DBA Four Star Family Restaurant, Agent: Armando Macedo
-Good Eats, LLC, Agent: James Forester
-Kranky’s Investment Corp DBA Kranky’s Pub, Agent: Malcolm A. Dicks
-Nettie’s Irish Pub LLC, Agent: Caven Boggess
-Pizza and Sub Shop Inc. DBA Park Avenue Pizza Company, Agent: Jason Koboski
-W&L LLC DBA Seester’s Mexican Cantina, Agent: Wendy Weytens
-145 Pewaukee Wine, LLC DBA Twisted Vine Wine Shop & Bar, Agent: Brendan Moore (parking space seating is contingent upon the approval of the ROW permit presented at this meeting)
Motion carried 6-0.
Trustee Roberts moved, seconded by Trustee Rohde to approve the renewal of "Class B" Beer and “Class C” Wine Liquor Licenses in the Village of Pewaukee for the license period of July 1, 2023, through June 30, 2024, as presented, to the following applicant and their listed agent:
-MOD Super Fast Pizza (Wisconsin), LLC DBA MOD Pizza, Agent: Laura Martinez Bravo
-Waukesha County Technical College, Agent: Tricia Smith
-Aladdin Food Management Services, LLC, Agent: Tod Hemphill
-Beach House Bistro, Agent: Llazar Konda
Motion carried 6-0.
2. Food Vendor Licenses
i. Jandy’s Base Camp, LLC
Trustee Krasovich moved, seconded by Trustee Gergen, to Approve the Food Vendor Permit for Jandy’s Base Camp, LLC at the Summer Sizzle on July 15th at the Kiwanis Village Park as Presented.
Motion carried 6-0.
ii. Freemasons Lodge #42
Trustee Gergen moved, seconded by Trustee Belt, to Approve the Food Vendor Permit for Lake Country Freemasons Lodge #42 at the Beach Party on June 24th at Lakefront Park as Presented.
Motion carried 6-0.
iii. Snowie
Trustee Rohde moved, seconded by Trustee Roberts, to Approve the Food Vendor Permit for Snowie at the Beach Party on June 23-24th at Lakefront Park as Presented.
Motion carried 6-0.
iv. Uyghur Grill
Trustee Gergen moved, seconded by Trustee Krasovich, to Approve the Food Vendor Permit for Uyghur Grill at the Beach Party on June 23-24th at Lakefront Park as Presented.
Motion carried 6-0.
3. Temporary Class “B”/”Class” B Retailer LicensesTrustee Krasovich moved, seconded by Trustee Gergen, to Approve Positively Pewaukee’s Temporary Class “B”/”Class B” Retailers Licenses on July 15th, 2023, as presented.
Motion carried 6-0.
d. Monthly Approval of Checks and Invoices for all funds – May 2023
Trustee Rohde motioned, seconded by Trustee Krasovich to approve the May 2023 checks and invoices as presented.
Motion carried 6-0.
Trustee Gergen motioned, seconded by Trustee Roberts to recognize the Library Fund May 2023 checks and invoices as presented.
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 a “Class B” reserve liquor license transfer agreement.
Trustee Rohde moved, seconded by Trustee Krasovich to Move into Closed Session at Approximately 7:13 p.m.
Motion carried on Roll Call Vote, 6-0.
11. Reconvene into Open Session
Trustee Roberts moved, seconded by Trustee Gergen to Reconvene into Open Session at Approximately 7:30 p.m.
Motion carried on Roll Call Vote, 6-0.
a. Possible Action on the Purchase of a Reserve “Class B” Intoxicating Liquor License from the Town of Delafield
Trustee Roberts moved, seconded by Trustee Rohde, to Approve the Purchase of the Reserve “Class B” Intoxicating Liquor License from the Town of Delafield as Presented.
Motion carried 6-0.
12. Adjournment
Trustee Roberts moved, seconded by Trustee Gergen to adjourn the June 20, 2023, Regular Village Board meeting at approximately 7:31 p.m.
Motion carried 6-0.
Respectfully Submitted,
Casandra Smith Village Clerk