May 29, 2025

6/3/2025 Special Village Board Meeting at 5:00 pm

2024 Fire-EMS fees appeals

VILLAGE OF PEWAUKEE
SPECIAL VILLAGE BOARD MINUTES
JUNE 3, 2025

https://www.youtube.com/live/IV7Ma7HCo3I?si=5T-J4P395aqWzeFB 

1. Call to Order, Pledge of Allegiance, Moment of Silence, and Roll Call
President Knutson called the meeting to order at approximately 5:00 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 Nick Stauff, Trustee Bob Rohde, Trustee Kelli Belt, Trustee Kristen Kreuser, Trustee Jim Grabowski; and President Jeff Knutson.
Excused: Trustee Rachel Pader

Also Present: Village Attorney, Matt Gralinski; Village Administrator, Matt Heiser; Village Clerk, Jenna Peter.

2. New Business
a. Hearing on an Appeal of the 2024 Fire-EMS Protection Fee Filed by Hawthorne Place LLC (c/o Michael Heise) Regarding Real Property Located at 1105 Hawthorne Place and having Tax ID No. PWV 0902996007 and Possible Action Thereon. – Item was presented after 2b.
Administrator Heiser stated he received a call from Mr. Heise on 5/30/25 that he would not be able to attend the meeting tonight. Heiser left a voicemail the same day reminding Mr. Heise that he did have one courtesy adjournment already. Heiser stated the notice of today’s hearing was provided by certified mail on 5/21/25. The return receipt was signed showing delivery on 5/23/25.
Attorney Gralinski stated that an appeal was initiated by the appellant, Mr. Heise with a letter to the Clerk dated 1/13/25. On 3/6/2025 an intent to proceed to a hearing by the Village Board was hand-delivered to the Administrator by the appellant. The Administrator sent a courtesy letter to the appellant dated 3/20/25 with an anticipated hearing date of early May. Scheduling of the appeal hearing was discussed in open session of the Village Board on 4/15/25. A special meeting was scheduled for 5/6/25. There was a notice issue on the Village’s part and that hearing did not occur on May 6. The hearing was discussed again in open session on May 6 and rescheduled for 5/20/25. The appellant was provided with proper notice at that time with a letter mailed on 5/7/25. The Administrator was notified on 5/19/25 that the appellant could not make the 5/20/25 meeting. The hearing was adjourned to today’s date. Gralinski stated proper and timely notice was given to the appellant for both the May 20 original hearing and the June 3 adjourned hearing
Trustee Stauff moved, seconded by Trustee Belt to proceed with the hearing.
Motion carried 6-0.

Gralinski noted that the appellant was not present. The appellant submitted the following items to the Village:
- A Letter dated 1/13/25 from Michael Heise on behalf of Hawthorne Place.
- Enclosure of the real estate tax bill from 2024
Administrator Heiser presented on behalf of the Village- Hawthorne Place LLC filed an appeal for the 2024 Fire & EMS fees with the Village of 1/13/2025. The property is located at 1105 Hawthorne Place. The tax ID number is: PWV 0902996007. The property is zoned Residential Multi-Family. The Ordinance classifies this property as Residential Multi-Family. Pursuant to the determination by the Village Board on 5/21/24, the property was reclassified after the 2023 Fire & EMS appeals. The Ordinance charges that classification 1 ESE per residential unit. In 2024 the Village charged 104 ESE’s for 104 residential units in the amount of $45,656. After the appeal Village Staff confirmed that the arithmetic was correct and that the property was charged for the Fire & EMS fee appropriately.
Gralinski confirmed that a written letter of determination was provided to the appellant on 2/5/25.
Trustee Stauff asked why the property was re-classified.
Trustee Belt explained that senior living and assisted living was classified at a higher ESE in the previous year. Hawthorne Place LLC’s argument was that they do not provide care to the residents, they are just a 55 and older community. The property was re-classified at Residential Mutli-Family. The Ordinance was amended in 2024 to charge the same ESE to every parcel in the Village.
Gralinski stated the basis of Mr. Heise’s appeal is detailed in his letter dated 1/13/25 and read the letter out loud verbatim for the record. He further stated the Board in enacting the fee has determined its legality and whether the Village has the authority to charge the fee at all is not a part of the scope of this appeal.
Trustee Kreuser believes that the number of ESE’s assigned to this property was fair and reasonable.
Trustee Grabowski moved, seconded by Trustee Stauff to deny the appeal from Hawthorne Place LLC.
Motion carried 6-0.

b. Hearing on an Appeal of the 2024 Fire-EMS Protection Fee Filed by JM 1405 LLC (c/o Kevin Yonke) Regarding Real Property Located at 205 Prospect Ave (Yonke & Son Funeral Home) and having Tax ID No PWV 0896069 and Possible Action Thereon. – Presented out of order before item 2a.
Gralinski explained the background information on the Fire & EMS Ordinance and the provision for appeals. The Board shall determine whether the number of ESE’s assigned is fair and reasonable in accordance with the Ordinance and if a refund is due.
Kevin Yonke @ 205 Prospect Ave (appellant) – Mr. Yonke stated he is using value of properties as a disparity. His building is appraised at approximately $650,000 and he is paying roughly $2,200 for the Fire & EMS fee. The property at 1045 Hickory St. is valued at approximately $4,252,800 with about a 300,000 sq ft building and is paying $2,634 for the Fire & EMS fee. That property is only paying $400 more in fees, is a higher-traffic business and is appraised much higher than his building. Yonke further explained that after Covid, funeral home traffic has decreased drastically. The building does not have a high use and has only had two EMS calls in 68 years and there has never been a fire call at the facility. The building is just the funeral home, chapel, garage, and apartment above. Yonke also stated the property at 206 Oakton Ave also has a business below with an apartment above and only pays $878 in Fire & EMS fees.
Gralinski asked the appellant what he feels should be the correct ESE charged.
Mr. Yonke stated 1 ESE for the business and 1 ESE for the living quarters.
Belt asked if we split buildings based off of their commercial and residential uses.
Gralinski stated the building was zoned B-2 Downtown and that is how the determination was made.

Heiser presented – The appeal from JM 1405 LLC was filed on 1/8/25. The property is located at 205 Prospect and the tax ID is PWV 0896069. The property is zoned as B-2 and is classified as a commercial property. It is a 15,520 sq ft building and 1 ESE is assigned for every 3,350 sq ft of space in commercial buildings. The total is 4.6 ESE for this property. The ordinance does not provide for a fractional ESE so it was rounded up to 5 ESE’s. The fee charged in 2024 was $2,195 and was determined to be correct and consistent with the methodology provided by the Village Code. Heiser further explained the ordinance does not break up the difference between the residential and commercial use of the building.
Gralinski confirmed a letter from Kevin Yonke was submitted to the Village dated 1/14/25. Administrator Heiser submitted a letter of response to Kevin Yonke on 2/5/2025.
Discussion followed regarding the square footage of the commercial and residential spaces in Mr. Yonke’s building. Members agreed that the calculation was done correctly but were split on if the ESE assigned were fair and reasonable.
Trustee Grabowski moved, seconded by Trustee Rohde to continue the hearing on 7/15/25 regular board meeting.
Motion carried 6-0.

c. Hearing on an Appeal of the 2024 Fire-EMS Protection Fee Filed by KKNN Quail LLC (c/o Patrick Brotherhood) Regarding Real Property Located at 1088 Quail Court and having Tax ID No. PWV 0903106 and Possible Action Thereon.
Gralinski explained this appellant did appear at the Public Works & Safety Committee meeting on 5/13/25, and the appeal was recommended to be denied. Gralinski received a phone call from the appellant’s attorney on the day of this meeting, and they have requested to reschedule. The Board could consider one courtesy adjournment for the appellant since that has been afforded for other applicants previously.
Trustee Belt is concerned with the precedence that people will now defer the first meeting in order to have more time to prepare.
Trustee Rohde moved, seconded by Trustee Grabowski to adjourn this hearing to the regular meeting on 6/17/25.
Motion carried 4-2.
Trustee Belt and Trustee Kreuser voting no.

3. Discussion and Possible Action to Set a Future Meeting Date (if needed).
No action taken.

4. Adjournment
Trustee Grabowski moved, seconded by Trustee Kreuser to adjourn the June 3, 2025, Special Village Board meeting at approximately 6:20 p.m.
Motion carried 6-0.

Respectfully Submitted,

 

Jenna Peter
Village Clerk

 

 

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