November 3, 2023

11/7/2023 Village Board Meeting

Ordinance Regarding Medium-Heavy Duty, Parking Restrictions on Tower Ct and Leanore Dr, and Fire-EMS Protection Fee, Eagle Eye Proposal, 2024 Budget, CSM for PWV0883993200 & 0883992, Well #2 Corrective Action Plan Service Agreements, 2024 Road Improvement Program Deign and Bidding. Closed Session Regarding Jade Reef Properties, Agreement with the City of Pewaukee, Utility Operators Audio recording is available upon request.

VILLAGE OF PEWAUKEE VILLAGE BOARD MINUTES
November 7, 2023

1. Call to Order, Pledge of Allegiance, Moment of Silence, and Roll Call
President Knutson called the meeting to order at approximately 6:00 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 Heather Gergen; Trustee Bob Rohde; Trustee Kelli Belt; Trustee Chris Krasovich; Trustee Craig Roberts; Trustee Jim Grabowski, and President Jeff Knutson.

Also Present: Village Attorney, Matt Gralinski; Parks and Recreation Director, Nick Phalin; Village Planner, Mary Censky; Utility Supervisor, Shawn Tremaine; Village Administrator, Scott Gosse; and Village Clerk, Cassie Smith.

2. Public Hearings/Presentations

a. Public Hearing on Proposed Ordinance No. 2023-20, Ordinance to Add Section 40.316(6)(6b) of the Village Code Pertaining to the Limited Sale and Display of Medium-Heavy Duty Trucks
No comments were made.

3. Approval of Minutes of Previous Meeting

a. Minutes of the Regular Village Board Meeting – October 17, 2023
Trustee Krasovich moved, seconded by Trustee Rohde to approve the October 17, 2023, minutes of the Regular Village Board meeting as presented.
Motion carried 7-0.

4. Citizen Comments - None.

5. Ordinances

a. Possible Action on Ordinance No. 2023-20, Ordinance to Add Section 40.316(6)(6b) of the Village Code Pertaining to the Limited Sale and Display of Medium-Heavy Duty Trucks
Trustee Grabowski moved, seconded by Trustee Roberts to approve Ordinance No. 2023-20 to Add Section 40.316(6)(6b) of the Village Code Pertaining to the Limited Sale and Display of Medium-Heavy Duty Trucks as Presented.
Motion carried 7-0.

b. Possible Action on Ordinance No. 2023-21, Ordinance to Create Chapter 86, Article III, Division 3, Sections 86.119.5(f) and (g) of the Village of Pewaukee Code of Ordinances Regarding Parking Restrictions on Tower Court and Leanore Court
Administrator Gosse confirmed that the Police Department did contact homeowners where majority are in support during school day hours. President Knutson questioned if vehicles could be towed. Attorney Gralinski stated that currently there is no ordinance to enact for that and it would be something that would have to come to the Village at a future meeting.
Trustee Roberts moved, seconded by Trustee Krasovich to approve Ordinance 2023-21 to Create Chapter 86, Article III, Division 3, Sections 86.119.5(f) and (g) of the Village of Pewaukee Code of Ordinances Regarding Parking Restrictions on Tower Court and Leanore Court as Presented.
Motion carried 7-0.

c. Possible Action on Ordinance No. 2023-22, Ordinance to Create Chapter 93 of the Village Code Regarding Creation of a Fire-EMS Protection Fee
Administrator Gosse explained the creation of Chapter 93 regarding the Fire and EMS protection fee and stated that an amendment to clearly define Care Home is proposed to be included to state “Care Home” includes residential board and care of 24-hour care nursing homes, where care is provided for four or more persons. Ordinance 2023-22 encompasses the ESE’s rate structure as provided by Baker Tilly. A Resolution to establish the ESE price structure will be presented at the next Village Board at the next meeting.
Trustee Roberts moved, seconded by Trustee Grabowski, to approve Ordinance 2023-22 to Create Chapter 93 of the Village Code Regarding Creation of a Fire-EMS Protection Fee with the Amendment as Indicated to Define Care Homes as presented.
Motion carried 7-0.

6. Resolutions – None.

7. Old Business

a. TAKE OFF THE TABLE – Discussion and Possible Action on 2023 Eagle Eye Proposal Purchase for Lakefront Park
Trustee Grabowski moved, seconded by Trustee Krasovich to Remove the Discussion and Possible Action on 2023 Eagle Eye Proposal Purchase for Lakefront Park from the Table.
Motion carried 7-0.
Director Phalin explained that the current seagull deterring equipment is no longer functioning, and he proposes to purchase wind-powered Eagle Eye equipment. The Pewaukee Ski Club has elected to donate $500 towards the purchase.
Trustee Gergen moved, seconded by Trustee Grabowski to Approve the 2023 Eagle Eye Proposal Purchase for Lakefront Park in the Amount of $2,700 as Presented.
Motion carried 7-0.

b. Discussion and Direction Regarding 2024 Proposed Budgets – All Funds
Trustee Grabowski asked if ARPA funds would still be an option to purchase police equipment next year. Administrator Gosse stated that, yes, funds have to be allocated by the end of 2024. Various Capital outlay items were moved from the capital projects fund to the general fund due to the levy reduction update. Direction was made to staff to bring a Resolution to increase the Stormwater rate by $2.00 which will create a reserve for projects in the upcoming years. Grabowski asked that improvements that are crucial to the Village be presented to improve the downtown/high traffic areas.

8. New Business

a. Discussion and Possible Action on Recommendation from Plan Commission for Certified Survey Map Approval to Combine Two Lots Located at the Northwest Corner of Ryan Street and Quinlan Drive (PWV 0883993200 and PWV 0883992) Into One Parcel
Planner Censky presented the request to combine the two properties into one. The proposal is fully acceptable but will create a property that has two zoning districts. The currently developed area is zoned IPS and the 2.5 acre lot is zoned B1 with elderly overlay. If the applicant kept the properties separate the new project development would not meet the independent living unit requirement therefore, combining the properties will allow for the project to be compliant with our zoning codes. Trustee Roberts stated that by merging these parcels together the existing pilot will be amended to include additional property.
Trustee Roberts moved, seconded by Trustee Grabowski to approve the Certified Survey Map to Combine Two Lots Located at the Northwest Corner of Ryan Street and Quinlan Drive (PWV 0883993200 and PWV 0883992) Into One Parcel.
Motion carried 7-0.

b. Discussion and Possible Action on Professional Services Agreement Proposal for Well #2 Corrective Action Plans and Specifications from Ruekert-Mielke
Administrator Gosse explained that the Consent Order with the WI DNR requires the Village to bring Well #2 into compliance with safe drinking water laws by August 31, 2026. Well #2 has been offline since entering into the Consent Order and the agreement and this proposal will create a corrective action plan to submit to the DNR in an attempt to satisfy this order.
Trustee Rohde moved, seconded by Trustee Krasovich to approve Professional Services Agreement Proposal Well #2 Corrective Action Plans and Specifications from Ruekert-Mielke as Presented.
Motion carried 7-0.

c. Discussion and Possible Action on Well #2 Maintenance Proposal Estimate from Municipal Well & Pump
Administrator Gosse stated that this maintenance agreement is related to Well #2 and shows a worst-case scenario to get Well #2 operating. David Arnott with Ruekert-Mielke advised that the proposed corrective action is to address Gross Alpha levels. This should give the Village functioning well for hopefully at least 3-5 years. During this period the Village would investigate site options for a new well.
Trustee Gergen moved, seconded by Trustee Grabowski to Table Agenda Item 8c.
Motion carried 6-1, President Knutson voted nay.

The Village Board discussed item 8d and then returned to 8c.

Trustee Roberts moved, seconded by Trustee Rohde to Take Item 8c Off the Table.
Motion carried 7-0.
Trustee Roberts asked if it is necessary to repair this well if we have been operating with two of our wells out of service. Administrator Gosse stated yes, Well #2 will be needed once Well #4 is offline during the construction of an HMO treatment facility in 2024 along with Well #6 currently offline pending a PFAS treatment solution.
Trustee Gergen moved, seconded by Trustee Rohde to Approve the Well #2 Maintenance Proposal Estimate from Municipal Well & Pump as Presented.
Motion carried 7-0.

d. Discussion and Possible Action on Well Site Investigation Proposal from Ruekert-Mielke
Ruekert-Mielke representative, Dave Arnott, explained that knowing the history of Well #2, repairing/reconstruction of the well is not a long-term viable option for the Village. His suggestion is that the Village start investigating a new location for a new well. This process will take roughly 3-4 years and approving the Well site investigation proposal would allow them to start the process to find a new site. Mr. Arnott stated that an estimated cost for the construction of a new well could be $3-4 million.
Trustee Grabowski moved, seconded by Trustee Gergen to approve Well Site Investigation Proposal from Ruekert-Mielke as Presented.
Motion carried 7-0.

e. Discussion and Possible Action on Professional Services Agreement with raSmith for 2024 Road Improvement Program Project Design and Bidding Services
Administrator Gosse stated that this professional services agreement will allow raSmith to start the surveying work prior to snowfall with design occurring over the winter and bidding by March of 2024.
Trustee Roberts moved, seconded by Trustee Gergen to approve the Professional Services Agreement with raSmith for 2024 Road Improvement Program Project Design and Bidding Services as Presented.
Motion carried 7-0.

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 City of Pewaukee Intergovernmental Agreement regarding traffic signals at STH 164 and Lindsay Road; and pursuant to Wis. Statute Section 19.85(1)(c) to consider employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, specifically regarding Utility Operators.
Trustee Roberts moved, seconded by Trustee Krasovich to Move into Closed Session at Approximately 7:10 p.m.
Motion carried on Roll Call Vote, 7-0.

11. Reconvene Into Open Session.
Trustee Gergen moved, seconded by Trustee Krasovich Reconvene into Open Session at Approximately 8:10 p.m.
Motion carried on Roll Call Vote, 7-0.

a. Possible Action on Intergovernmental Agreement Between the City of Pewaukee and Village of Pewaukee Concerning Traffic Signalization
No Action was taken.

b. Possible Action on Request from Jade Reef Properties Regarding Development Agreement Amendment
No Action was taken.

12. Adjournment
Trustee Gergen moved, seconded by Trustee Roberts to adjourn the November 7, 2023, Regular Village Board meeting at approximately 8:11 p .m.
Motion carried 7-0.

Respectfully Submitted,


Casandra Smith Village Clerk

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