Village Board of Trustees

Village of Weston, Wisconsin OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES Monday, July 18, 2016, at 6:00 p.m. A. Opening of Session. 1. Meeting called to order by President Ermeling at 6:00 p.m. 2. Pledge of Allegiance to the Flag. 3. Clerk will take attendance and roll call. Roll call indicated 7 Board of Trustees’ members present. Trustee Present Ermeling, Barb YES Berger, Scott YES Ostrowski, KevinYES Schuster, Fred YES Ziegler, Jon YES White, Loren YES Mark Porlier YES Village Staff in attendance: Guild, Jacobs, Higgins, Hodell, Donner, Weinkauf, Wodalski, Crowe, Tatro, Wehner and Lenhard. Everest Metro Chief Sparks and SAFER Deputy Fire Chief Finke were also in attendance. There were approx. 25 other audience members present. 4. Request for silencing of cellphones and other electronic devices. Ermeling requesting the silencing of cellphones and other devices. B. Correspondence and comments from the public. 5. Acknowledgement of scheduled visitors. Ermeling acknowledged the Boy Scouts in attendance. C. Presentations. 6. Recognition of Tamera Hansen’s community service. Guild and Ermeling recognized Tamera Hansen for her service to the Community Life and Public Safety Committee. D. Hearings. 7. Open Hearings and hear comments from the public and Board of Trustees. Ermeling opened hearings Audio tape recordings of the full testimony for each hearing is on file in the Clerk’s Office. Files are named vb071816-1, vb071816-2 and vb071816-3. Exhibits A-D and 1-28, which were made part of this record are also on file in the Clerk’s Office. • Operator License for Jesse Bartnik. Jesse Bartnik not was not present for the hearing. Weinkauf said he was notified of hearing. No further action is required. The license was previously denied by the Board. • Class B Beer License for Crafties, LLC, 4103 Schofield Avenue. Keith Rybacki, IMR BP, explained that this business would be a one of a kind craft beer serving room where customers can taste one ounce samples before purchasing the beer. He is also hoping that customers will buy other items from his store such as pizzas and snacks. This will be small and safe. This is not a big bar atmosphere. This is a different concept. The capacity is 13 people. The one-ounce sample  will be free with the hope that the customer will buy the craft beer if they like it. They began the purchase process for all the equipment. They also hired employees for the business. The license was denied based on traffic issues and he does not understand the denial. The traffic concerns were addressed. He respectfully requests the Board to reconsider the denial of the license. Schuster asked if all employees will enforce the capacity of 13 customers at one time. Keith said yes. Ermeling said the beer sampling can be done under the current license for IMR. Julie Rybacki said she supports this and feels this is a cutting edge idea. Irv Rybacki said Keith is a good business man doing this to enhance the business. Evan Johnson, 7805 Callon Ave, said the Camp Phillips/Schofield Avenue intersection is very busy and not safe. He also feels the Rybacki’s want to put gambling machines in there. He does not feel this is a legitimate business. Schuster said he asked Mr. Rybacki on 3 separate occasions about the gambling machines and he has always said no to putting them in. Evan said once the license is issued he can put the machines in. There was a short discussion on the pay out of the machines and it being illegal. Sharon Rybacki said this is a whole different business and feels this will enhance the current business. Kim Rybacki said her brother Keith has a good reputation and is regarded highly in the business world. He’s got the intelligence to not break the law. He is only looking to enhance the business. Evan said he was already breaking the law when he had the machines in the store. Ermeling said she is also concerned with other convenient stores wanting to do the same thing. • Alpine Mobile Home Park License, 1919 Schofield Avenue. Greg Stacker and Lee Turonie with Pietz, VanderWaal, Stacker & Rottier, said they were representing The Alpine Mobile Home Park. Mr. Turonie said according to Chapter 46 of the Village’s ordinance the Mobile Home Committee is the body to make decisions regarding the decision of mobile home parks and he is concerned the Village Board may not be the appropriate body to make the decision on the license. He also said the Village is issuing licenses for license terms that it is not allowed to. Marathon County provided an inspection report for Alpine where they identify four issues and state that Alpine has 11 more months to hear those issues. He said the Village reliance on its nuisance ordinance is unenforceable and going to be very troublesome. The Constitutional due process is not satisfied by the Village’s current procedure. The remainder of the Village’s complaint against Alpine is denied and they intend to introduce evidence specifically refuting the Village’s accusations. (A copy of a letter addressed to the Village from Lee Turonie, dated July 18, 2016 is attached and made part of the record). Testimony continued regarding a letter sent to the mobile home park earlier this year. It was indicated that pictures of the park, taken by the Village, were not labeled. An open record request was made for all mobile home complaints and there was only one concerning Alpine. There was a Short discussion on the law firm representing both SAFER and Everest Metro Police Department. Village Attorney Yde, with Strasser & Yde Law Firm, said the village’s ordinance is inconsistent with the state statute. The Village is proceeding under state statute on this issue. Ostrowski feels we should send this issue to the Mobile Home Committee. Motion by Ostrowski, second by Porlier to refer this to the Committee. Q/ Attorney Yde feels this would be an issue since the Village ordinance violates state law at this time. Ermeling said the ordinance is old and needs to be revised. Attorney Yde said state law provides for more due process. Yes Vote: 2 No Votes: 5 Abstain: 0 Not Voting: 0 Result: Failed Trustee Voting Ermeling, Barb NO Berger, Scott NO Ostrowski, Kevin YES Schuster, Fred NO Ziegler, Jon NO White, Loren NO Mark Porlier YES Testimony Continued. Building Inspector Tatro reviewed his Report on Alpine Mobile Home Park, dated June 27, 2016. Staff has had multiple discussions with the Mobile Home Operator over the last couple of years. Staff is recommending denial of the license because there are multiple outstanding issues. Motion by Schuster, second by Ziegler to approve taking a five-minute recess. Yes Vote: 7 No Votes: 0 Abstain: 0 Not Voting: 0 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Schuster, Fred YES Ziegler, Jon YES White, Loren YES Mark Porlier YES Testimony continued between Alpine’s attorney, Attorney Yde and Building Inspector Tatro. (This testimony begins on the second audio named “vb071816-2”). Motion by White, second by Porlier to approve taking a five-minute recess. Yes Vote: 7 No Votes: 0 Abstain: 0 Not Voting: 0 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Schuster, Fred YES Ziegler, Jon YES White, Loren YES Mark Porlier YES Testimony continued between Alpine’s attorney, Attorney Yde and Planning and Development Director Higgins (This testimony begins on the third audio named “vb071816-3”). Higgins reviewed a letter that was sent to Park Operator of Alpine Mobile Home Park. She commented that staff tried to work with the Mobile Home Park instead of writing citations. Testimony continued between the Attorneys and Higgins. Barbara Rolen testified against the complaint. She also had new photos of the Park and those photos were made part of the record and marked as Exhibits 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 19. Attorney Yde reviewed the exhibits and asked Barbara Rolen questions. Testimony continued between Alpine’s Attorney, Attorney Yde and Barbara Rolen. Richard Roshotik, a tenant of Alpine Mobile Home Park, was invited to speak. He said he has lived in the mobile home park for 24 years and has had no problems, except for noise that comes from Wiggly Field. He said the new management has done an awful lot of work. He is not aware of any problems with any of the tenants. Testimony continued between Attorney Yde and Mr. Roshotik. Testimony continued between Attorney Yde and Building Inspector Tatro regarding permits. Testimony continued between Assistant Planner Wehner, Alpine’s Attorney and Attorney Yde regarding permits. Testimony continued between Alpine’s Attorney and Building Inspector Tatro, regarding building permits.  Testimony continued between Alpine’s Attorney and Julie Stoltz, friend of Ken Ruether, regarding building code violations and permits. 8. Close Hearings. Ermeling closed the hearings for Crafties and Alpine Mobile Home Park at 9:24 p.m. D. Consent Items for Approval 9. Ordinance No. 16-033 to approve the rezoning of land from AR Agriculture Residential to LI Limited Industrial, on 3.857 acres of land located in the SW ¼ of the SE ¼ of Section 23. 10. Approve Resolution No. 2016-013 adopting road right-of-way dedication for Weston Avenue identified in the proposed CSM map for 8505 Progress Way located in Section 23. 11. Acknowledge the summary of the 5/19/2016 – 5/21/2016 Spring Bulk-Item Drop-Off. 12. Approve the reinstallation of a stop sign on Community Center Drive at Birch Street. 13. Appointment of Robert Kienbaum to the Community Life & Public Safety Committee. 14. Approve the Operator Licenses. 15. Accept resignation from Tamera Hansen. 16. Approve June 1, 2016 Board of Trustee Minutes. 17. Approve June 6, 2016 Board of Trustee Minutes. 18. Approve June 20, 2016 Board of Trustee Minutes. 19. Approve June 14, 2016 Board of Review Minutes. Motion by Schuster, second by White to approve Consent Items D9 to D19. Yes Vote: 7 No Votes: 0 Abstain: 0 Not Voting: 0 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Schuster, Fred YES Ziegler, Jon YES White, Loren YES Mark Porlier YES 20. Items removed from Consent Approval (if any). There were no items removed from Consent. E. Reports from Committees, including approval of draft meeting minutes (if any). 21. Community Life, and Public Safety. 22. Community Development Authority. 23. Everest Metro Public Safety. 24. Finance. 25. Parks and Recreation. 26. Personnel. 27. Plan Commission. 28. Property & Infrastructure. 29. SAFER Board of Directors. 30. SAFER Fire Commission. 31. Zoning Board of Appeals. Motion by White, second by Ostrowski to acknowledge Items E21, E25, E26, E27 E29 and E30. Yes Vote: 7 No Votes: 0 Abstain: 0 Not Voting: 0 Result: PASS  Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Schuster, Fred YES Ziegler, Jon YES White, Loren YES Mark Porlier YES F. Reports from Departments (Directors may be dismissed following reports). 32. Clerk. Weinkauf said staff has been busy preparing for the August 9th Partisan Primary Election. 33. Everest Metro Sparks said his report is attached to meeting agenda packet. 34. Finance. Jacobs reported the Everest Metro audit should be approved next week. 35. Operations. No comments. 36. Parks & Recreation. No comments. 37. Planning & Development. No comments. 38. Public Services. Donner reported project activity will begin on the Mesker/Colleen and Ross Avenue lift stations. The Services division has been working on all the medians and the replacement of mulch has been completed. 39. S.A.F.E.R. District Finke said there have been no major incidents to report. There have been some small fires in the new mulch. The department is working on implementing a new phone app called PulsePoint. They are also working on some outside funding for use of this app. 40. Technology Services. No comments. G. Regular New Business. 41. Recommendation from Clerk to deny the Operator License for Jesse Bartnik. No action required. 42. Recommendation from staff to approve the Class B Beer License for Crafties, LLC. Motion by Ziegler, second by Schuster to approve the Class B Beer license for Crafties, LLC, contingent on not allowing any gaming/gambling devices in the establishment. Q/ Schuster asked how long it would take to enact an ordinance to disallow gaming/gambling devices within the Village. Attorney Yde will look into seeing if this is something the Village could do. Schuster then withdrew his second on the motion. Motion by Ziegler, second by White to approve the Class B Beer license for Crafties, LLC, contingent on not allowing any gaming/gambling devices in the establishment. Q/White wanted a point of clarification added to the record to include that Ziegler and White voted to approve the license at the last meeting. He said Mr. Rybacki had stated that all 7 of the board members voted against it.  Berger is opposed to this because he feels many more requests will come to the Board like this from other convenient stores. He said there is enough places in Weston with alcohol. Ermeling is opposed and feels this is not something the Village should promote. She said the current license allows them to do sampling of beer inside the convenient store. Ziegler said he included in his motion to not allow the gambling machines. Ermeling said once he has the license the Village can’t prevent him from putting machines in there. There was a short discussion on issuing amusement licenses and having a local ordinance on gambling machines. Yes Vote: 3 No Votes: 4 Abstain: 0 Not Voting: 0 Result: DENIED Trustee Voting Ermeling, Barb NO Berger, Scott NO Ostrowski, Kevin YES Schuster, Fred NO Ziegler, Jon YES White, Loren YES Mark Porlier NO 43. Recommendation from staff to deny the license for Alpine Mobile Home Park. Motion by Schuster, second by Berger to deny the license for Alpine Mobile Home Park. Q/ Ermeling said the Board was not made aware of the current condition of the park. She is concerned with the denial of this license at this point. Porlier said there seems to be some communication issues between the Mobile Home Park Operator and Village staff. Jacobs said Alpine’s 2015 personal property tax is delinquent in the amount of $20.18. Barbara Rolen said she would pay that and Jacobs said he would give her a receipt after the meeting. Yde suggested that if the Board is going to revoke the license they give them 45 days or longer so that people have time to move. Schuster and Berger withdrew their original motion. Schuster said the park has been neglected for a number of years and there was no reinvestment for many years. He also said we need to set limits for completion of work. Attorney Yde said it was a better option to give the park a 6-month license instead of revoking their license even though the statutes don’t say that can be done. Guild suggested giving the park one year to bring things into 100 percent compliance. Staff will do quarterly inspections on the progress. White suggested 90 percent compliance instead of 100 percent. Guild suggested holding a June 5, 2017 hearing. Yde said whenever the Board has the evidence to revoke the license they can do that at that time. Schuster said citations will now be issued as requested. Motion by Schuster, second by Porlier to renew the license for Alpine Mobile Home Park through June 30, 2017, and anytime the park is not in compliance the Board will move forward to revoke the license. Yes Vote: 6 No Votes: 1 Abstain: 0 Not Voting: 0 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott NO Ostrowski, Kevin YES Schuster, Fred YES Ziegler, Jon YES White, Loren YES Mark Porlier YES  44. Recommendation from Clerk to deny the Operator Licenses for Alyssa Schmidt and Tory Lee. Motion by White, second by Ostrowski to deny the Operator License for Alyssa Schmidt due to the fact she has four drug/alcohol offenses in the last five years on her record. Yes Vote: 7 No Votes: 0 Abstain: 0 Not Voting: 0 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Schuster, Fred YES Ziegler, Jon YES White, Loren YES Mark Porlier YES Motion by White, second by Berger to deny the Operator License for Tory Lee due to the fact he checked “No” on his application and has multiple arrests /convictions, along with an outstanding warrant on his record. Yes Vote: 7 No Votes: 0 Abstain: 0 Not Voting: 0 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Schuster, Fred YES Ziegler, Jon YES White, Loren YES Mark Porlier YES H. Report from the Administrator. 45. S.A.F.E.R. Charter agreement. Guild said legal counsel has reviewed the charter agreement. There were significant errors in the document and once corrected the document will be distributed. I. Convene into closed session under Wisconsin State Statutes 19.85 (1) (c) for the purpose of considering the employment, compensation, or performance evaluation data of any employee over which the governmental body has jurisdiction or exercises responsibility: 46. Consider compensation and performance evaluation data of the Village Administrator. 47. Reconvene into open session and take action on items discussed in closed session, if necessary. The Board members did not convene to closed session. J. Remarks from Trustees (No Board action will be taken for this agenda item). Ziegler and Berger will both be absent from the August 1st meeting. K. Remarks from the President (No Board action will be taken for this agenda item). No comments. L. Discuss items to be included for next agenda (No Board actions will be taken for this agenda item). No comments. M. Set next regular meeting date for Mon, August 1, 2016. N. Adjourn. Motion by Schuster, second by Ziegler to adjourn the meeting at 10:07 p.m. Yes Vote: 7 No Votes: 0 Abstain: 0 Not Voting: 0 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Schuster, Fred YES Ziegler, Jon YES White, Loren YES Mark Porlier YES Sherry Weinkauf, Clerk