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 Village of Menomonee Falls, Wisconsin

BOARD OF TRUSTEES MEETING

MINUTES

Monday, November 6, 2017

 
 
             
Village President, Joseph Helm, called the meeting to order at 6:37 p.m. The Pledge of Allegiance was recited.
 
Present:
Village President Joseph Helm; Trustee Katie Kress; Trustee Randy Van Alstyne; Trustee David Glasgow; Trustee Bonnie Lemmer; Trustee Paul Tadda; Trustee Jeremy Walz
Staff Present:
Village Manager Mark Fitzgerald; Village Attorney Michael Morse; Assistant Village Manager/Director of Public Works Arlyn Johnson; Village Clerk & Treasurer Janice Moyer; Director of Engineering Tom Hoffman; Director of Community Development Matt Carran; Director of Utilities Jeff Nettesheim
             
NEW BUSINESS
  Motion by Trustee Jeremy Walz, second by Trustee Katie Kress to amend the agenda by moving agenda item 10.a. for consideration.
  Vote: 7 - 0 Motion Carried
             
Tax Incremental District Development Agreement between the Village of Menomonee Falls and Falls Fire, LLC
  Chris Leffler, representing Falls Fire LLC, was introduced to the village board.  He stated that he is very excited about the development at Fire Station #1.  He reviewed a short PowerPoint explaining the project.  He currently owns Leff's Lucky Town and Revere's Wells Street Tavern.
  Motion by Trustee Jeremy Walz, second by Trustee David Glasgow approve a Tax Incremental District Development Agreement between the Village of Menomonee Falls and Falls Fire, LLC involving the former Fire Station Number 1 property located at N88W16631 Appleton Avenue and further identified as Tax Key # MNFV 0011273.
  Vote: 7 - 0 Motion Carried
  Attachments:
  PowerPoint Presentation
  Development Agreement
 
             
REPORTS AND PRESENTATIONS
             
Annual Presentation on the Milwaukee Metropolitan Sewerage District 2018 Budgets
Kevin Shafer, MMSD Executive Director and Mark Kaminski, MMSD Director/Treasurer reviewed a PowerPoint presentation.
  Attachments:
  2018 MMSD Budget Presentation
  MMSD Budget Document-VMF
  VMF Green Solns Opt Out Letter
 
             
CONSENT AGENDA
  Motion by Trustee Bonnie Lemmer, second by Trustee Jeremy Walz to approve the Consent Agenda items as presented.
             
Approval of minutes from previous meetings held on October 2, 2017
  Attachments:
  10-2-2017 Village Board Meeting Minutes
  10-2-17 Committee of the Whole Meeting Minutes
 
             
Operator’s licenses as listed:
Jacob Angrick Trina Biertzer Tezara Buehner
Tracy Colbert Amy Endahl Tamara Gesell
Lisa Jessen Robbi Lindemeyer Hannah Schlueter
Christine Stamper Alena Swearingen Abigail Veitch
Rebecca Willing You Xia Yin
             
Application for successor of agent for Karl’s Country Market, Inc. located at W156N5645 Pilgrim Road, Jonathan Jensen, new agent for the 2017-2018 Class A Fermented Malt Beverage and Class A Liquor License
  Vote: 7 - 0 Motion Carried
             
PUBLIC HEARINGS
             
Public Hearing to consider the Plan Commission's recommendation regarding the request of Moore Construction Services, LLC to rezone lands located on the Northeast corner of Silver Spring Drive and Enterprise Avenue, from the CW-1 Conservancy Wetlands and Shoreland Wetlands to the I-2 Heavy Industrial Zoning District.  The subject land is located in the Southeast ¼ of Section 26, and identified by Tax Key Number 104.997.007
Director of Community Development Carran presented on the public hearing topic.

Village President Helm opened the public hearing for comment. There was no one present who wished to speak at the public hearing. The public hearing was closed.  

Action Item:

Request of Moore Construction Services, LLC to rezone lands located on the Northeast corner of Silver Spring Drive and Enterprise Avenue
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to approve the request of Moore Construction Services, LLC to rezone lands located on the Northeast corner of Silver Spring Drive and Enterprise Avenue, from the CW-1 Conservancy Wetlands and Shoreland Wetlands to the I-2 Heavy Industrial Zoning District, as recommended by the Plan Commission at the September 12, 2017, meeting.  The subject land is located in the Southeast ¼ of Section 26, and identified by Tax Key Number 104.997.007.  (Ordinance No. 704-O-17)
  Vote: 7 - 0 Motion Carried
  Attachments:
  Plan Commission Minutes, Staff Report and Exhibits
 
             
Public Hearing to consider the Plan Commission's recommendation regarding the rezoning of lands located at the northwest corner of Russel Court and Lisbon Road, from the C-1 Neighborhood Business District to the R-3 Single Family Residential District. The subject parcels are located in the Southwest ¼ of Section 34, and identified by Tax Key Numbers 135.996.003, 135.996.004, and 135.997
Director of Community Development Carran presented on the public hearing topic.

Village President Helm opened the public hearing for comment. There was no one present who wished to speak at the public hearing. The public hearing was closed.

Action Item:

Ordinance Rezoning Lands located at the Northwest corner of Russel Court and Lisbon Road
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to approve adoption of an ordinance rezoning lands located at the northwest corner of Russel Court and Lisbon Road, from the C-1 Neighborhood Business District to the R-3 Single Family Residential District, as recommended by the Plan Commission at the September 12, 2017, meeting.  The subject parcels are located in the Southwest ¼ of Section 34, and identified by Tax Key Numbers 135.996.003, 135.996.004, and 135.997.  (Ordinance No. 700-O-17)
  Vote: 7 - 0 Motion Carried
  Attachments:
  Plan Commission Minutes, Staff Report and Exhibits
 
             
Public Hearing to consider the Plan Commission's recommendation regarding an Ordinance amending Sections 122-289 and 122-290 of the Municipal Code allowing the C-4 Suburban Retail Business District to be compatible with the OC-5 Commercial Service Overlay District
Director of Community Development Carran presented on the public hearing topic.

Village President Helm opened the public hearing for comment. There was no one present who wished to speak at the public hearing. The public hearing was closed.  

Action Item:

Ordinance amending Sections 122-289 and 122-290 of the Municipal Code
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to approve an ordinance amending Sections 122-289 and 122-290 of the Municipal Code allowing the C-4 Suburban Retail Business District to be compatible with the OC-5 Commercial Service Overlay District, as recommended by the Plan Commission at the September 12, 2017, meeting.  (Ordinance No. 701-O-17)
  Vote: 7 - 0 Motion Carried
  Attachments:
  Draft Ordinance
  Plan Commission Minutes and Staff Report
 
             
Public Hearing to consider the Plan Commission's recommendation regarding the rezoning of lands located at the southeast corner of Belleview Boulevard and Patton Drive from the P-1 Parks and Open Space to the R-3 Single Family Residential District. The subject parcel is located in the Northeast ¼ of Section 10, and identified by Tax Key Number 37.030
Director of Community Development Carran presented on the public hearing topic.

Village President Helm opened the public hearing for comment. The following individuals spoke at the public hearing.  
  • Ray Etzel, N87W15905 Belleview Blvd. - he is concerned about water issues on the lot.
  • Alan Karnath, W159N8658 Menomonee River Parkway - he is concerned about drainage, if fill is brought in it could cause water problems for neighboring properties.

Action Item:

Ordinance rezoning lands located at the southeast corner of Belleview Boulevard and Patton Drive
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to approve the adoption of an ordinance rezoning lands located at the southeast corner of Belleview Boulevard and Patton Drive from the P-1 Parks and Open Space to the R-3 Single Family Residential District, as recommended by the Plan Commission at the September 12, 2017, meeting. The subject parcel is located in the Northeast ¼ of Section 10, and identified by Tax Key Number 37.030.  (Ordinance No. 702-O-17)
  Vote: 7 - 0 Motion Carried
  Attachments:
  Plan Commission Minutes, Staff Report and Exhibits
 
             
COMMITEE AND COMMISSION REPORTS
             
PLAN COMMISSION
             
Request of Capri Senior Communities to obtain a Conditional Use Permit for a Senior Housing Community
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to approve the request of Capri Senior Communities to obtain a Conditional Use Permit for a proposed senior housing community adjacent to the Grace Evangelical Lutheran Church, subject to two items being reconciled and 11 conditions running with the Conditional Use Permit as recommended by the Plan Commission at the August 8, 2017, meeting; and subject to six conditions recommended by the Architectural Control Board at the October 24, 2017, meeting.  The proposed development would be located on the South side of County Line Road between Cross View Way and the high tension power lines, in the Northeast ¼ of Section 5, Part of Tax Key Number 18.999.005, P-2 Institutional District.
  Vote: 7 - 0 Motion Carried
  Attachments:
  Minutes, Reports, Exhibits and Plans
 
             
GENERAL GOVERNMENT
             
Resolution approving the 2018 Operating Plan for the Menomonee Falls Downtown Business Improvement District
  Motion by Trustee Jeremy Walz, second by Trustee Randy Van Alstyne to approve a resolution approving the 2018 Operating Plan for the Menomonee Falls Downtown Business Improvement District.  (Resolution No. 1172-R-17)
  Vote: 7 - 0 Motion Carried
  Attachments:
  2018 Operating Plan
 
             
UTILITIES AND PUBLIC WORKS COMMITTEE
             
Intergovernmental Agreement with the Village of Lannon for Snow and Ice Control Services
  Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress approve an Intergovernmental Agreement with the Village of Lannon for Snow and Ice Control Services for the 2017 - 2018 winter season.
  Vote: 7 - 0 Motion Carried
  Attachments:
  2017-2018 Lannon Snowplowing Agmt.
 
             
Ordinance establishing a "No Parking" Zone along both East and West sides of Russell Court
  Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to approve an ordinance establishing a "No Parking" zone along both east and west sides of Russell Court from its intersection with Lisbon Road to a point 350 feet north of Lisbon Road.  (Ordinance No. 703-O-17)
  Vote: 7 - 0 Motion Carried
  Attachments:
  Ordinance - No Parking - Russell Ct
 
             
CLOSED SESSION

Village President Helm announced that the Village Board would be convening into closed session in the Administrative Conference Room 2244.
             
  Motion by Trustee Jeremy Walz, second by Trustee Katie Kress to convene into Closed Session in the Administrative Conference Room (Room #2244) to confer with the Village Manager, Assistant Village Manager, Village Attorney, and staff about the following matters:
  • Under Wis. Stats. §19.85(1)(e) and (g), concerning the litigation and negotiation strategies to be adopted by the Village involving the enforcement of Village judgments obtained in Village of Menomonee Falls v. Lodging Investors of Menomonee Falls, LLC, et al., Waukesha County Case No. 11-CV-3946;
  • Under Wis. Stats. §19.85(1)(e), concerning the negotiation strategy to be adopted by the Village in possible additional negotiations over the acquisition of a property in the Village located at N90W16531 Roosevelt Drive and further identified by Tax Key Number MNFV0011146; and
  • Under Wis. Stats. §19.85(1)(e), concerning the negotiation strategy to be adopted by the Village in negotiations with the Menomonee Falls School District over the possible acquisition by the School District of a Village owned property.
  Vote: 7 - 0 Motion Carried
  The Village Board adjourned in closed session.
             
Minutes transcribed and submitted by Janice Moyer, Village Clerk & Treasurer
Minutes approved on January 15, 2018

    

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