July 1, 2022

7/5/2022 Village Board Meeting

Ordinance regarding setbacks and yards in the Infill-Redevelopment Overly District and No parking designation. Parking downtown area along the Lakefront, Lake Management Plan Committee, Prohibiting sale of Cats, Dogs and Rabbits, 323 Park Ave, Committee Appointments, License Approvals. Closed Session regarding Riverside Preserve Developers Agreement and Disallowance of Claim for Terry Foster.

VILLAGE BOARD REGULAR MEETING MINUTES
July 5, 2022 – 7:00 pm

1. Call to Order, Pledge of Allegiance, Moment of Silence and Roll Call

President Knutson called the meeting to order at approximately 7:00 p.m.
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, Matt Gralinski; Administrator, Scott Gosse; Village Planner, Mary Censky; and Village Clerk, Casandra Smith

2. Public Hearings/Presentations 

a. Public hearing on Ordinance No. 2022-07, Ordinance to Amend Chapter 40, Article VI, Division 18.5, Section 40.367.7, Setbacks and Yards, of the Municipal Code of the Village of Pewaukee Regarding Residential Infill-Redevelopment Overlay District
No comments were made.

3. Approval of Minutes of Previous Meeting

• Minutes of the Regular Village Board Meeting – June 21, 2022
Trustee Hill motioned, seconded by Trustee Rohde to approve the June 21, 2022 minutes of the Regular Village Board Meeting as presented.
Motion carried 7-0.

4. Citizen Comments 

Zach Stephens @ 161 W Wisconsin Ave - Mr. Stevens stated he is the co-owner of Beach Bum Bakery.  Closing the downtown to traffic would be detrimental to their business.  He stated that during special events their revenue is decreased by 30-50% and closing the parking or stopping traffic would create more revenue decreases.  If their customers are buying cakes people do not want to walk a long distance.

Mark Grabowski @ 244 Park Ave - Mr. Grabowski thanked everyone who helped to fundraise and plan the Fourth of July events.  He expressed his desire for the proposed ordinance to be approved regarding puppies, kittens, and rabbits.  He would like to see responsible breeding and not allow businesses in the Village that support puppy mills.

Rachel Goedheer @ 309 Park Ave - Ms. Goedheer stated she is actively involved in rescuing and fostering animals and she supports the proposed ordinance.

5. Ordinances

a. Possible Action on Ordinance No. 2022-07, Ordinance to Amend Chapter 40, Article VI, Division 18.5, Section 40.367.7, Setbacks and Yards, of the Municipal Code of the Village of Pewaukee Regarding Residential Infill-Redevelopment Overlay District
Planner Censky stated that the Residential Infill-Redevelopment Overlay District was created for properties that would allow for smaller lot sizes.  The developer at the Glen of Pewaukee has started selling lots and the buyers are wanting rear decks but some lots do not have the option of a 20' offset in the rear yard to include a deck.  The Plan Commission reviewed the request and favored the modification for select lots where the lot line is not abutting over 25% outside the current development.   If the Village Board approved this Ordinance the developer would come back to the Plan Commission to approve the specific lots.  Trustee Roberts stated that if the owner would like a concrete patio it would be allowed (if the green space calculation was met) but a deck is different as the code doesn't allow a rear offset of less than 20'.   Discussion followed regarding open space and the implications of updating the code.
Trustee Roberts motioned, seconded by Trustee Grabowski to approve Ordinance No. 2022-07 to amend Chapter 40, Article VI, Division 18.5, Section 40.367.7, Setbacks and Yards, of the Municipal Code of the Village of Pewaukee regarding the Residential Infill-Redevelopment Overlay District as presented.
Motion carried 6-1, Trustee Hill voted nay.

b. Possible Action on Ordinance No. 2022-08, Ordinance to Repeal and Recreate Chapter 86, Article III, Division 3, Section 86.114(e) of the Village of Pewaukee Code of Ordinances Regarding No Parking Designation
Trustee Hill stated that this is the third review of this ordinance.  The Public Works and Safety Committee has agreed that the south side of Oakton from the River to the alleyway by 4Keeps should be posted no parking because of the tight corner.  Trustee Grabowski added that this design should have less impact on businesses.  
Trustee Grabowski motioned, seconded by Trustee Hill to approve Ordinance No. 2022-08 to repeal and recreate Chapter 86, Article III, Division 3, Section 86.114(e) of the Village of Pewaukee Code of Ordinances Regarding No Parking Designation on the north side of Oakton Ave as presented.
Motion carried 7-0.

6. Resolutions – None.

7. Old Business

a. Discussion and Possible Action Regarding Parking in the Downtown Area Along the Lakefront
Administrator Gosse stated that staff researched different styles of barricades as presented in the agenda packet.  Discussion followed regarding steel fencing, water, and concrete barricades and what would update could increase safety.  The Village Board discussed options as to what solutions may work.  The consensus was to continue exploring possible solutions with Trustees Belt and Grabowski volunteering to meet with business owners regarding blocking off parking.  The consensus was made to order the speed humps to slow traffic and increase safety in the area.  
Trustee Grabowski motioned, seconded by Trustee Hill to approve an amendment to increase the cost for the speed humps not to exceed $3,000 in an effort to reduce speed and create a safer downtown.
Motion carried 7-0.

8. New Business

a. Discussion and Possible Action on Appointment of Village Board Member to Proposed Pewaukee Lake Management Plan Committee
President Knutson stated that Tom Koepp, manager of the Lake Pewaukee Sanitary District, proposed that each municipality on Pewaukee Lake appoint a representative to work on the Lake Management Plan for Pewaukee Lake.  President Knutson recommended Trustee Hill.
Trustee Rohde motioned, seconded by Trustee Krasovich to approve Trustee Hill as the Lake Management Plan Committee.
Motion carried 6-0-1; Trustee Hill abstained.

b. Discussion and Direction Regarding Possible Ordinance Prohibiting Sale of Cats, Dogs and Rabbits
Trustee Grabowski stated that the City of Waukesha adopted the attached ordinance to prohibit the retail sale of cats, dogs, and rabbits.  This would be consumer protection for the Village residents because large companies do not ethically breed animals.  No current pet stores in the Village would be affected.  Discussion followed regarding what 'ethical' is defined as and the Board questioned business owner's rights.  The consensus was to direct Attorney Gralinski to draft an Ordinance to be brought back to the Village at the next meeting.

c. Discussion and Possible Action Regarding 323 Park Avenue
Trustee Grabowski presented the improvements made to 323 Park Ave and gave a list of what has been improved.  The cottage was removed and the boathouse is currently being remodeled.  Work is still in progress but it should be able to be completed before August 31, 2022.  An update will be brought back to the Village Board at that time.

d. Discussion and Possible Action on Committee Appointments

1. Plan Commission – 3 Members (full 3 year terms);
No Action was taken.

2. Zoning Board of Appeals –1Member (full 3 year terms); 1 Alternate (term to expire 4/30/24)
No Action was taken.

3. Historic Preservation Commission – 1 Plan Commission Member; 1 Member (term to expire 4/30/25); and 1 Member Architect (full 3 year term to expire 4/30/25)
Trustee Roberts motioned, seconded by Trustee Rohde to appoint Heather Gergen as a member of the Historic Preservation Commission for the term ending 4/30/2025.
Motion carried 7-0.

e. License Approvals and Vendor Permits

1. Food Vendor Permits
Trustee Hill motioned, seconded by Trustee Krasovich to approve food vendor permits as presented for the Taste of Lake Country Event on July 29-30, 2022 for Beach House Bistro, Albanese's Roadhouse, Caca Tequila Restaurant, Golden Mast, Revere's Well Street Tavern, Le Macaron Brookfield and Wauwatosa, Park Avenue Pizza Company and Sobelman's Waukesha.
Motion carried 7-0.

2. Temporary Alcohol License
Trustee Rohde questioned if the verification was received from the Pewaukee Muskies Amateur Baseball Team for liability insurance.  Clerk Smith stated that she would check with Director Phalin at Parks and Recreation Department.
Trustee Hill motioned, seconded by Trustee Grabowski to approve the Temporary Class "B" Beer Retailer's License for the Pewaukee Muskies Amateur Baseball Team July 17, 24, and 31, 2022, contingent on the verification of insurance requirements.  
Motion carried 7-0.

3. Mobile Home License
Trustee Roberts motioned, seconded by Trustee Krasovich to approve the Mobile Home/Trailer Park License for Pewaukee Lake Estates located at 630 W Wisconsin Ave contingent upon Building Services approval for the 2022-2023 license year.

Motion carried 7-0.

9. Citizen Comments 

Zach Stephens @ 161 W Wisconsin Ave - Mr. Stevens stated he is not concerned with some businesses having parking lot seating but most businesses downtown have a rear entrance and their building does not.  He is concerned that he didn't hear anything regarding the proposed traffic and parking changes until now.  

Sarah Stephens @ 161 W Wisconsin Ave - Ms. Stevens expressed her concern regarding the crosswalks and suggested putting up barriers on the lakeside which may be more advantageous.  She would have liked to be asked her opinion.

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 Terry Foster regarding a disallowance of the claim.
Trustee Hill motioned, seconded by Trustee Rohde to move into closed session at approximately 9:05 p.m.
Motion carried unanimously by roll call vote.

11. Reconvene Into Open Session 
Trustee Krasovich motioned, seconded by Trustee Grabowski to move into open session at approximately 9:09 p.m.
Motion carried unanimously by roll call vote.

a. Possible Action on Terry Foster's Claim
Trustee Krasovich motioned, seconded by Trustee Rohde to approve the disallowance claim as recommended by Statewide Insurance Services regarding the claim submitted by Terry Foster.

Motion carried 7-0.

12. Adjournment
Trustee Grabowski motioned, seconded by Trustee Hill to adjourn the June 21, 2022, Regular Village Board meeting at approximately 9:10 p.m.
Motion carried 7-0.

Respectfully submitted,

 


Casandra Smith
Village Clerk

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