Village Board of Trustees

VILLAGE OF WESTON, MARATHON COUNTY, WISCONSIN REGULAR MEETING OF THE BOARD OF TRUSTEES Monday, November 21, 2022, at 6:00 p.m. AGENDA ITEMS 1. Board of Trustees Meeting called to order by President Maloney Maloney called the meeting to order at 6:01 p.m. 2. Pledge Allegiance to the Flag 3. Roll Call by Clerk Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES PUBLIC COMMENTS None. PUBLIC HEARING (on recording https://youtu.be/oNH_j03zYIA?t=63) 4. Open Public Hearing on the FY2023 Budget Maloney opened the hearing at 6:03 p.m. 5. Presentation on the FY2023 Budget Trautman gave a presentation of the 2023 Budget 6. Comments None. 7. Close Public Hearing Maloney closed the hearing at 6:09 p.m. 8. Action on Hearing (on recording https://youtu.be/oNH_j03zYIA?t=467) • Resolution No. 2022-021: A Resolution to adopt the Operating Budget of the Village of Weston for the year 2023 Motion by Zeyghami, second by Hartinger to approve Resolution No. 2022- 021: A Resolution to adopt the Operating Budget of the Village of Weston for the year 2023. BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES • Resolution No. 2022-022: A Resolution to adopt the 2023 Village of Weston debt service, special revenue, capital projects, and proprietary funds Motion by Cronin, second by Weiland to approve Resolution No. 2022-022: A Resolution to adopt the 2023 Village of Weston debt service, special revenue, capital projects, and proprietary funds. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES MINUTES FROM PREVIOUS MEETINGS (on recording https://youtu.be/oNH_j03zYIA?t=529) 9. 10/17/2022 Board of Trustees Meeting Motion by Zeyghami, second by Hartinger to approve previous minutes from 10/17/2022. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES ITEMS MOVED FROM NEW BUSINESS (Items 48 and 49) (on recording https://youtu.be/oNH_j03zYIA?t=555) 10. Discussion and action on the request to vacate an unimproved portion of the Dominika Street right-of-way laying south of Mary Lane. (on recording https://youtu.be/oNH_j03zYIA?t=608) Joe Muzynoski was present and resides at 5803 Mary Lane, Weston. Attorney Davis Runde, 805 Broadway Street, Wausau, was present and spoke on behalf of Mr. Muzynoski. Mr. Runde stated that he was there to discuss the extension or continuing of the right-of-way that overlays Mr. Muzynoski’s property. He provided a brief history in that the home was built 2005 and the driveway to the property extends off Mary Lane and right smack dab in the middle of the right-of-way for future development. Mr. Muzynoski hired a contractor to build home and the proper procedures were completed with permits, etc. Mr. Muzynoski wants marketable title to his home as it presently has no legal access, and he cannot sell his home as nobody wants to buy a home without legal access. He stated that the options for the village are 1) Continue right-of-way as presently is or 2) Discontinue it. He stated public interest changes depending on what you are talking about. As Mr. Muzynoski understands it, what needs to be considered is access to neighborhood, emergency and utility services, tax implications, public input (interest of neighborhood), and equity (what is the right thing to do.) President Maloney reminded him that this is not a court and there is a third option. Higgins spoke saying that there is a right-of-way there and Mr. Muzynoski can have legal access for a driveway which would be a car width. President Maloney spoke saying that there has been lots of time spent on this issue in the past when Mr. Muzynoski presented it back in 2018. Two new access points on the east and west side were acquired since then. Mr. Runde said that he spoke to Mr. Tappe who said that he would prefer a concept and development on the property that he owns that does not involve the continuation of the right-of-way. Higgins stated that there are lots of unknowns. That Mr. Tappe has not come forward with something definite and it could be sold in years to come. We do not know at this time what will happen with the property to the south and if we discontinue the right-of-way, it could be a problem. That’s where the public’s best interest comes forward. President Maloney said that it could affect public safety access because we don’t know what will go in there. Mr. Runde said that public safety could continue down Costa Lane. That the fastest lane for EMPD and SAFER is to continue down Costa Lane. The public interest is little benefit to continue that right-of-way. Property values maintaining the right-of-way could suffer which would affect the tax base. Access is de minimis benefit, emergency services is de minimis benefit. Hartinger said until we know what is going in the vacant property to the south, we can’t make that decision. Zeyghami asked about the width of the current road. Higgins said Mr. Muzynoski is only encroaching 14.5 feet now as the setbacks are different now than they were before. President Maloney said that the neighbor was asked if it would be possible to sell some of his land for the road access, but he was not willing. President Maloney stated that there is some relief available, and he should have enough area to have decent access to his home. Vacating the right-of-way would be in the property owners’ interest, not the public. Mr. Runde stated that the development is not a guarantee at all, but we have to look at what is here and now indicating that it is in the public interest and everyone on that road has signed a petition agreeing that the road be discontinued. President Maloney spoke saying except for Mr. Tappe who owns the BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES property to the south. Higgins said that there may be a need for utilities to go through there, but we don’t know that yet and the future is what we are looking at. Hartinger asked about utilities going to the east and west. Higgins said if they vacated, there would maybe still be a need for an easement due to density for utilities or a walking path. Cronin said he read the background and the land went from one access point to three and now is having a problem going back to two. President Maloney said that we must look at the future because we are not sure what kind of development will be put in there. President Maloney asked for pictures of comparable homes and the cost of a road with an access road for Mr. Muzynoski. Motion made by Cronin to direct staff to draft a resolution to vacate the portion of Dominika Street south of Mary Lane and to put it to plan commission to make a recommendation by January 31, 2023. No second on motion. Motion failed. Motion by Maloney, second by Hartinger to defer action to the December Board of Trustee’s meeting. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES 11. Discussion of Extending East Nick Avenue to CR-J and Conceptual Development Proposal by PGA, Inc. (on recording https://youtu.be/oNH_j03zYIA?t=2903) Present at meeting was Nicholas Bancuk from Marathon Technical Services,1699 Schofield Avenue, Schofield and Gary Guerndt from PGA, 7306 Zinser Street, Weston. Guerndt spoke about a possible subdivision development off East Nick Avenue offering two-to-five-acre lots. Mr. Guerndt relayed to the Board his interest in extending 0.3 miles of road from east Nick Avenue to CR-J for access to properties in future development. Discussion continued regarding best access to development. Guerndt reported that PGA would be willing to contribute $100,000 towards the road extension. PGA would need to obtain a permit from the Village of Kronenwetter to mine the materials necessary and is asking for the Weston Boards approval first to continue the road. Then PGA would move forward with the subdivision. Motion by Hartinger, second by Cronin to approve continuation of the road on East Nick Avenue to CR-J. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES ITEMS MOVED FROM UNFINISHED BUSINESS (on recording https://youtu.be/oNH_j03zYIA?t=5162) 12. Update on Weston Municipal Facility Project by Jon Wallenkamp, Kueny Architects Jon Wallenkamp from Kueny Architects was present to give an update on the Weston Municipal Facility Project. The Municipal Center is nearing last month of project and the project is going well with a goal to get substantial completion done by 12/12/22. At this time, it is 95 percent completion. President Maloney asked if Wallenkamp feels confident that we could notify the public that we would be open at the new building on12/12/22. Wallenkamp said that the office area is complete, final inspection needs to be completed yet on the elevator. The next construction meeting is scheduled for 12/6/22. Cronin asked about the line painting in the parking lot. Comment was made to wait until the snow was gone. Zeyghami stressed that Miron should complete the job by the due date. REPORTS/MINUTES FROM BOARDS, COMMITTEES, COMMISSIONS (on recording https://youtu.be/oNH_j03zYIA?t=5687) 13. Building Committee 14. Community Development Authority 15. Everest Metro Police Commission 16. Extraterritorial Zoning 17. Finance 18. Human Resources 19. Joint Review Board 20. Parks & Recreation/Public Works 21. Plan Commission 22. Public Works 23. Tourism Commission 24. Refuse and Recycling 25. Public Works/Plan Commission 26. Parks & Recreation/Plan Commission Motion by Zeyghami, second by Cronin to acknowledge items 15, 18, and 19. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES REPORTS FROM DEPARTMENTS (on recording https://youtu.be/oNH_j03zYIA?t=5726) 27. Administrator 28. Clerk Brehm stated December 1, nomination papers will be available for the Spring Election. 29. Finance Trautman stated that with the budget adoption, tax bills will be generated and sent for mailing. Also informed Board of a website with regard to participatory budgeting which is a democratic process where the community can decide where to spend a portion of money of the budget. 30. Fire/EMS Chief Finke stated that they filled three open positions and are now fully staffed with those positions filled. 31. Parks & Recreation 32. Plan/Dev Higgins provided an update on Stillwater Landing. Meeting was held and Stillwater will be providing the Village with a plan for the park at the time they apply for their license application. 33. Police 34. Public Works Wodalski stated that he had a meeting with DOT, Rothschild and Schofield regarding Business 51 which has now been scheduled for construction 2026/2027. 35. Technology WORK PRODUCT TRANSMITTALS (on recording https://youtu.be/oNH_j03zYIA?t=6762) 36. October Building Permits 37. October Budget Status Report Motion by Cronin, second by Hartinger to acknowledge the October Building Permits and October Budget Status Report. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES CONSENT AGENDA (on recording https://youtu.be/oNH_j03zYIA?t=6786) 38. Requests to pull items out of consent consideration 39. Vouchers (58902-58227, 58229-58310, and 90088-90090) 40. New Lodging Permit for MUD Hospitality d/b/a Baymont by Wyndham, 5810 Schofield Ave., Weston for 2022-2023 Licensing Term 41. Action on consent agenda items Motion by Zeyghami, second by Cronin to approve items 39 and 40. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES ORDINANCES (on recording https://youtu.be/oNH_j03zYIA?t=6827) 42. Ordinance No. 22-020: An Ordinance to Amend Section 82.504 Designation of All- Terrain and Utility Terrain Vehicle Routes Motion by Hartinger, second by Weiland to approve proposed Ordinance No. 22-020 An Ordinance to Amend Section 82.504 Designation of All-Terrain and Utility Terrain Vehicle Routes with the exceptions of the following streets: Andrea St., Becky Blvd., Brehm St., Brianna St., Caseyrae Ct., Danielle Dr., Jacquelyn Blvd., Jalen Circle, Janelle St., Kelly Pl., Lora Lee Lane, and Shawna St. Motion by Cronin to amend the motion to remove exceptions and approve as proposed. No second on motion. Motion failed. Yes Vote: 4 No Votes:1 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve NO Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES RESOLUTIONS (on recording https://youtu.be/oNH_j03zYIA?t=7711) 43. Resolution No. 2022-020: Exception to the Levy Limits for Charges for SAFER Pursuant to 2005 Wisconsin Act 484 44. Motion by Cronin, second by Hartinger to approve Resolution No. 2022-020: Exception to the Levy Limits for Charges for SAFER Pursuant to 2005 Wisconsin Act 484 Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES UNFINISHED BUSINESS 45. Update on American Rescue Plan (ARPA) No updates. NEW BUSINESS 46. Accounts Receivable Write-Offs (on recording https://youtu.be/oNH_j03zYIA?t=7836) Motion by Hartinger, second by Weiland to approve Accounts Receivable Write- Offs in the amount of $5,819.50. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES 47. Change Order #3 for the Apache Lane Utility Extension Project (on recording https://youtu.be/oNH_j03zYIA?t=7871) BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES Motion by Zeyghami, second by Weiland to approve Change Order #3 for the Apache Lane Utility Extension Project for the revised contract price of $2,144,212.31. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES 48. Change Order #2, Wells 7 & 8 (on recording https://youtu.be/oNH_j03zYIA?t=7893) Motion by Zeyghami, second by Weiland to approve Change Order #2, Wells 7 & 8 not to exceed amount of $66,122. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES 49. Purchase of Replacement Truck 2 Cab and Chassis from Langlade Ford (on recording https://youtu.be/oNH_j03zYIA?t=8052) Motion by Zeyghami, second by Hartinger to approve Purchase of Replacement Truck 2 Cab and Chassis from Langlade Ford for a cost of $48,663. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES 50. Purchase of Replacement Truck 31 Cab and Chassis from Langlade Ford (on recording) Motion by Zeyghami, second by Hartinger to approve Purchase of Replacement Truck 31 Cab and Chassis from Langlade Ford for a cost of $61,055. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES 51. Weston Ave. (CR-X to CR-J) Real Estate Services Agreement with MSA Professional Services, Inc. (on recording https://youtu.be/oNH_j03zYIA?t=8111) Motion by Zeyghami, second by Cronin to approve the Weston Ave. (CR-X to CR- J) Real Estate Services Agreement with MSA Professional Services, Inc. for an estimated base fee of $254,950. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES 52. Intergovernmental Services Agreement Between the Village of Weston & Kronenwetter for Building Inspection Services (on recording https://youtu.be/oNH_j03zYIA?t=8137) Motion by Hartinger, second by Weiland to discontinue providing the building inspection services for Kronenwetter on a contractual basis. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk  VILLAGE OF WESTON, WISCONSIN OFFICIAL MEETING MINUTES OF THE BOARD OF TRUSTEES Zeyghami, Hooshang YES ATTORNEY REFERRALS None. STAFF REFERRALS None. REMARKS FROM TRUSTEES None. REMARKS FROM THE PRESIDENT Fred Schuster expressed his extreme pleasure with the new Village signage. FUTURE ITEMS Next meeting date(s): - December 19, 2022, Board of Trustees Regular Meeting at 6:00 p.m. ADJOURN Motion by Weiland, second by Cronin to adjourn at 8:24 p.m. Yes Vote: 5 No Votes:0 Abstain:0 Not Voting: 2 Result: Pass Trustee Present Ermeling, Barb VIA ZOOM Fiene, Nate EXCUSED Maloney, Mark YES Cronin, Steve YES Weiland, Jamie YES Hartinger, Jasper YES Zeyghami, Hooshang YES BOARD OF TRUSTEES MEETING MINUTES 11/21/2022 Prepared by: Pamela Brehm, Village Clerk