May 31, 2024

6/4/2024 Village Board Meeting

Ordinance regarding Protest Petitions, Ordinance regarding Bicycle Repair, Assembly and/or Fabrication with or without outdoor storage or display, Hawthorne Place LLC Fire & EMS Fee Assessment appeal, park use and retail sales licenses for Brewfinity Brewing Company and Broken Bat Brewing Company/Beergo, scheduling Special Village Board meetings for Strategic Planning Workshops, Updated Village Administrator Job Description, pursuit of Quiet Zones, use of Village Logo, and Closed Session regarding T-Mobile Lease Agreement and Joint Library Agreement with City of Pewaukee.

VILLAGE OF PEWAUKEE VILLAGE BOARD MINUTES
June 4, 2024 – 6:00 pm
https://www.youtube.com/live/3uR6aIpyZow?si=d0Dts4V7HCUUPxTZ 

AMENDED - APPROVED JULY 2, 2024.

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 Heather Gergen; Trustee Bob Rohde; Trustee Kelli Belt; Trustee Chris Krasovich; Trustee Kristen Kreuser; Trustee Jim Grabowski; and President Jeff Knutson.

Also Present: Village Attorney, Matt Gralinski; Village Administrator, Scott Gosse; and Village Clerk, Jenna Peter.

2. Public Hearings –
a.  Public Hearing on Proposed Ordinance to repeal section 40.122 of the Municipal Code Regarding Protest Petitions.  – no comments.

b.  Public Hearing on Proposed Ordinance to create Sections 40.314(10) and 40.314(11) Regarding Bicycle Repair, Assembly and/or Fabrication with or without outdoor storage or display. – no comments.

3. Approval of Minutes of Previous Meetings -  

Minutes of the Special Village Board Meeting – May 21, 2024
Trustee Gergen moved, seconded by Trustee Krasovich to approve the May 21, 2024, minutes of the Special Village Board meeting as presented.
Motion carried 7-0.

Minutes of the Regular Village Board Meeting – May 21, 2024
Trustee Gergen moved, seconded by Trustee Grabowski to approve the May 21, 2024, minutes of the Regular Village Board meeting as presented.
Motion carried 7-0.

4. Citizen Comments -   
Roberta Reid @ 530 Kopmeier Dr. – Ms. Reid stated she was impressed with the lake weed removal this year and wanted to pass along her thanks to the Director of Public Works, Dave Buechl.

Lesli Boese @ S16 W32183 High Meadow Cir, Delafield – Ms. Boese introduced herself to the Board as running for Waukesha County District Attorney. She has been in office for 29 years and has tried many cases and is current head of the drug unit.

5. Ordinances –
a. Possible Action on Ordinance No. 2024-04, Ordinance to repeal Section 40.122 of the Municipal Code Regarding Protest Petitions.
Attorney Gralinski explained there is a procedure in the Zoning Code that allows for the adjacent owners of a subject property to file a protest petition which would then trigger a requirement that any zoning change properly protested be approved by a Super Majority. This ordinance is based on a prior State law that has been repealed and replaced with explicit prohibition on having these types of protest petition procedures. This Ordinance would bring the Village into compliance with State law. This Ordinance was was recommended for approval by the Plan Commission.
Trustee Grabowski moved, seconded by Trustee Rohde to approve Ordinance 2024-04 to repeal Section 40.122 of the Municipal Code effective January 1, 2025.
Motion carried 7-0.

b. Possible Action on Ordinance No. 2024-05, Ordinance to create Sections 40.314(10) and 40.314(11) Regarding Bicycle Repair, Assembly and/or Fabrication with or without outdoor storage or display.
Administrator Gosse explained this came before the Plan Commission as a request from an applicant wanting to relocate a bike repair business in the B-5 Zoning District. Currently the B-5 District does not allow for the use. The Plan Commission recommended approval to the Village Board to amend the code.
Trustee Krasovich moved, seconded by Trustee Rohde to approve Ordinance 2024-05 to create Sections 40.314(10) and 40.314(11) regarding Bicycle Repair, Assembly and/or Fabrication with or without outdoor storage or display.
Motion carried 7-0.

6. Resolutions – none.

7. Old Business –
a. Discussion and Possible Action to Approve Written Decision Regarding the Appeal of Hawthorne Place LLC Concerning their Fire & EMS Fee Assessment.
Attorney Gralinski explained that Attorney Blum has provided a draft of the written decision. The grant of the appeal has already been made; this is before the Board to approve the written decision as required in the Village Ordinance.
Trustee Gergen moved, seconded by Trustee Krasovich to Approve the Written Decision Regarding the Appeal of Hawthorne Place LLC Concerning their Fire & EMS Fee Assessment.
Motion carried on Roll Call Vote 6- 1. President Knutson voted Nay.

8. New Business -   
a. Discussion and/or Possible Action on proposed park use and retail sales license for Brewfinity Brewing Company.
Clerk Peter explained that State law changed where now the licenses for Breweries, Wineries and Distilleries get approved through the State. However, they are still required to be approved to sell in a municipality by the governing body. Brewfinity Brewing Company has already been approved by the Joint Parks and Recreation Board to operate in Kiwanis Village Park on the dates listed and in the premise description in the memo.
Trustee Grabowski moved, seconded by Trustee Rohde to approve the park use and retail sales license for Brewfinity Brewing Company as presented.
Motion carried 7-0.  

b. Discussion and/or Possible Action on proposed park use and retail sales license for Broken Bat Brewing Company/Beergo.
Peter stated this item is the same as item 8a in that the application for Broken Bat Brewing Company/Beergo to serve alcohol in the Village needs to be approved by the governing body. They have been approved by the Joint Parks and Recreation Board to operate at Kiwanis Village Park and Lakefront Park on the dates listed and in the premise description in the memo.
Trustee Gergen moved, seconded by Trustee Kreuser to approve the park use and retail sales license for Broken Bat Brewing Company/Beergo as presented.
Motion carried 7-0.

c. Discussion and Possible Action on Scheduling Special Village Board Meetings for Strategic Planning Workshops.
Trustee Grabowski moved, seconded by Trustee Rohde to propose June 25th, 2024, for the Special Village Board meeting for Strategic Planning Workshop from the hours of 4:00 – 6:00 p.m.
Motion carried 7-0.

d. Discussion and Possible Action on Updated Village Administrator Job Description.
Gosse stated there were changes to the Village Administrator job description. The job description will be used as part of the Administrator recruitment process.
Trustee Krasovich moved, seconded by Trustee Kreuser to approve the updated Village Administrator job description.
Motion carried 7-0.

e. Discussion and Direction on Possible Pursuit of Quiet Zones.
President Knutson explained there are four intersections in the Village that would be considered for applications of establishing railroad quiet zones. Knutson stated the Village can submit for all four crossings to be added as quiet zones. The State of Wisconsin Office of the Commissioner of Railroads has stated the crossing near the intersection of Oakton Ave and Capitol Dr. needs a concrete median. The Village and WisDOT re-submitted a proposal for a different and more cost-effective way to install stanchions and have not heard back from them and that is where the “standstill” is. Gosse stated the DOT has not heard anything back from the Railroad Administration as of last week. Discussion followed regarding the application process.
Discussion followed to have Administrator Gosse reach out to the OCR to try and get an answer before the application for the quiet zones proceeds.

f. Discussion and Possible Action on Request for Use of Village Logo.
Gosse explained the Village received an email from a film maker who wanted to use the Village of Pewaukee logo on a t-shirt the main character would be wearing in a feature indie film.
Trustee Grabowski moved, seconded by Trustee Gergen, to approve the use of the Village Logo contingent upon a License & Use Agreement drafted by the Village Attorney.
Motion carried 7-0.

9. Citizen Comments  -
Roberta Reid @ 530 Kopmeier Dr. – Ms. Reid provided fliers distributed in October 2013 and 2014 explaining the reasons to put quiet zones in place. The final flier is from August of 2019. Ms. Reid questioned when a quiet zone will be put into place. She stated many other surrounding communities have quiet zones in place already and asks that the Board proceed with the application process for the quiet zones.

Carrie Ashley @ 544 Kopmeier Dr. – Ms. Ashley reiterated the need for quiet zones and urges the Board to apply.

10. Closed SessionThe 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 T-Mobile Lease Agreement and Joint Library Agreement with City of Pewaukee.
Trustee Gergen moved, seconded by Trustee Rohde to move into Closed Session at approximately 7:05 p.m.  Motion carried on a Roll Call Vote 7-0.

11. Reconvene Into Open Session.
Trustee Gergen moved, seconded by Trustee Krasovich to reconvene into open session at approximately 7:24 p.m.
Motion carried on a Roll Call Vote 7-0.

a. Possible Action on T-Mobile Lease Agreement.

Trustee Gergen moved, seconded by Trustee Krasovich to approve the T-Mobile Lease Agreement as presented to the Board.
Motion carried 7-0.

12. Adjournment.
Trustee Grabowski moved, seconded by Trustee Kreuser to adjourn the June 4, 2024, Regular Village Board meeting at approximately 7:25 p.m.
Motion carried, 7-0.

Respectfully Submitted,

 

Jenna Peter
Village Clerk

 

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