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 Village of Menomonee Falls, Wisconsin

BOARD OF TRUSTEES MEETING

MINUTES

Monday, March 19, 2018


 
 
             
Village President, Joseph Helm, called the meeting to order at 6:34 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 Community Development Matt Carran
             
REPORTS AND PRESENTATIONS
             
Village Centre BID Board Report
Barb Watters gave the report.
  Attachments:
  BID Presentation
 
             
Menomonee Falls Public Library Report
Trustee Paul Tadda gave the report.  
  Attachments:
  Library Report
 
             
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 November 20, 2017, February 19 and March 5, 2018.
  Attachments:
  11-20-17 Village Board Meeting
  2-19-18 Special Village Board Meeting
  2-19-18 Village Board Meeting
  2-19-18 Special Village Board Meeting
  3-5-18 Village Board Meeting
 
             
Operator’s Licenses as listed:
Ruth Alvarez Brett Bennett Sandra Budnik
Richard Burgess Casey Kemmer Caitlyn Koeller
Brittney Levenhagen Phillip Potratz Afawness Woodard
             
Application for a Six Month Class “B” Fermented Malt Beverage License for TDEE Enterprises, Inc., Thomas Volpe - Agent, at Oakwood Park Concessions subject to Building Inspection Department, Fire Department and Health Department Approvals
             
Bill approval for February 2018 in the amount of $23,161,632.94
  Vote: 7 - 0 Motion Carried
  Attachments:
  Bill Detail Feb 2018
 
             
COMMITTEE AND COMMISSION REPORTS
             
PLAN COMMISSION
             
Resolution approving the Final Plat of the Lilly Creek Highlands VI Subdivision
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to approve the final plat of the Lilly Creek Highlands VI Subdivision located north of the intersection of Daylily Drive and Westview Drive, in the Northeast, Northwest, Southwest and Southeast ¼’s of Section 24, Tax Key Number 95.999.009, R-3 Single Family Residential District, subject to the 15 conditions recommended by the Plan Commission at the March 6, 2018, meeting. (Resolution No. 1184-R-18) 
  Vote: 7 - 0 Motion Carried
  Attachments:
  Plan Commission Minutes, Staff Report and Exhibits
 
             
Distribution Easement granted to Wisconsin Electric Power Company
Trustee Paul Tadda recused himself from discussion and voting on this agenda item.
  Motion by Trustee Jeremy Walz, second by Trustee Bonnie Lemmer to grant a distribution easement to Wisconsin Electric Power Company over land located at N96W15885 County Line Road, in the Northeast 1/4 of Section 3, Tax Key Number 9.998.001, R-2 Single Family Residential Zoning District, as recommended by the Plan Commission at the March 6, 2018, meeting.
  Vote: 6 - 0 Motion Carried
  Trustee Paul Tadda rejoined the meeting.
  Attachments:
  Plan Commission Minutes, Staff Report and Exhibits
 
             
Ordinance amending Sections 2, 622, 646, and 687 of Chapter 122 of the Municipal Code
  Motion by Trustee Paul Tadda, second by Trustee Bonnie Lemmer to adopt an ordinance amending Sections 2, 622, 646, and 687 of Chapter 122 of the Municipal Code pertaining to the unenclosed storage of recreational vehicles, as recommended by the Plan Commission at the March 6, 2016, meeting.
  Motion by Trustee Jeremy Walz, second by Trustee Katie Kress to amend the motion to change Section 122-646 (c)(6) "Less than 35 feet in length" to "Less than 40 feet in length".
  Vote: 2 - 5 Motion Failed
 
Aye: Trustee Katie Kress
  Trustee Jeremy Walz
  Motion by Trustee Jeremy Walz, second by Trustee Katie Kress to amend the motion to change Section 122-646 (7)(c) to "Side:  minimum of 5 feet"  removing all draft language after "5 feet".
  Vote: 1 - 6 Motion Failed
 
Aye: Trustee Jeremy Walz
  Motion by Trustee Bonnie Lemmer, second by Trustee Jeremy Walz to amend the motion to strike the allowance of a second recreational vehicle in the R-3 single family zoning district allowed by Section 122-646 (b) of the draft ordinance.
  Motion by Trustee Bonnie Lemmer, second by Trustee Jeremy Walz to amend the motion to amend the original motion to include R-3 single family and R-3.5 single family zoning districts.  The amendment was approved by unanimous consent.
  A vote was taken on the amendment to strike the allowance of a second recreation vehicle in the R-3 single family residential district and R-3.5 single family residential district in Section 122-646 (b) of the draft ordinance.
  Vote: 4 - 3 Motion Carried
 
Nay: Trustee Katie Kress
  Trustee Paul Tadda
  Trustee Jeremy Walz
  Village Attorney Morse stated that the amended draft ordinance, as recommended by the Village Board, would need to go back to the Plan Commission for review and recommendation.  The Plan Commission recommendation on the amended draft ordinance will be sent to the Village Board for final action.  There was no vote taken on the original motion as amended.
  Attachments:
  Plan Commissioin Minutes, Staff Report and Exhibits
 
             
Resolution accepting the introduction of a Resolution Vacating a portion of Harrison Avenue Right of Way
  Motion by Trustee Paul Tadda, second by Trustee Jeremy Walz to approve a resolution accepting the introduction of a resolution vacating the portion of Harrison Avenue right of way located south of Belleview Boulevard, between the parcels identified by Tax Key Numbers 37.032 and 37.023 in the Northeast ¼ of Section 10, as recommended by the Plan Commission at the March 6, 2018, meeting.  (Resolution No. 1185-R-18)
  Vote: 7 - 0 Motion Carried
  Attachments:
  Plan Commission Minutes, Staff Report and Exhibits
 
             
GENERAL GOVERNMENT COMMITTEE
             
Vacant Land Offer to Purchase for Lot 1 of CSM 11667 on Badger Drive and a Counter-Offer for Lot 1 of CSM 11667 on Badger Drive
  Motion by Trustee Jeremy Walz, second by Trustee Randy Van Alstyne to approve the sale of Lot 1 of CSM 11667 on Badger Drive further identified as Tax Key Number MNFV0138133001 for the purchase price of $100,000, subject to the terms of a Vacant Land Offer to Purchase dated March 6, 2018, as modified by a counter offer dated March 6, 2018; and authorizing the Village Manager to take all steps necessary to complete the transaction, including the execution of all documents related to the closing.
  Vote: 7 - 0 Motion Carried
  Attachments:
  MNFV0138133001
 
             
UTILITIES AND PUBLIC WORKS COMMITTEE
             
Award of Contract for the Lilly Road Utility & Road Reconstruction Project, No. 63202
  Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to award the contract for Lilly Road Utility & Road Reconstruction Project, No. 63202, to Vinton Construction Co. for a total base bid of $2,359,580.55.  Funding for the project was approved as part of the 2017 and 2018 Capital Budget.
  Vote: 7 - 0 Motion Carried
  Attachments:
  Memo & Bid Tab
 
             
Development Agreement between the Village and MFalls SSE, LLC for the Silver Spring Estates Subdivision - Phase V
Trustee Katie Kress recused herself from discussion and voting on this agenda item.
  Motion by Trustee Bonnie Lemmer, second by Trustee David Glasgow to approve a Development Agreement between the Village and MFalls SSE, LLC for the Silver Spring Estates Subdivision - Phase V.
  Vote: 6 - 0 Motion Carried
  Trustee Katie Kress rejoined the meeting.
  Attachments:
  SSE V - Development Agreement
 
             
Development Agreement between the Village and Weyerhaven, LLC for the Weyerhaven Subdivision - Addition No. 2
  Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to approve a Development Agreement between the Village and Weyerhaven, LLC for the Weyerhaven Subdivision - Addition No. 2.
  Vote: 7 - 0 Motion Carried
  Attachments:
  Weyerhaven Add #2 - Development Agreement
 
             
NEW BUSINESS
             
Resolution authorizing amendment to Developer's Agreement and Municipal Revenue Obligation of the Village of Menomonee Falls, Wisconsin to Riverwalk on the Falls, LLC
  Motion by Trustee Jeremy Walz, second by Trustee David Glasgow to approve a resolution authorizing an amendment to the Developer's Agreement and Municipal Revenue Obligation of the Village of Menomonee Falls, Wisconsin to Riverwalk on the Falls, LLC. (Resolution No. 1186-R-18)
  Motion by Trustee David Glasgow, second by Trustee Randy Van Alstyne to waive Roberts Rules and allow Wimmer representatives to speak.
  Vote: 7 - 0 Motion Carried
  Mr. Mark Wimmer, representing Wimmer Communities, addressed project delay concerns of the Village Board.  He stated that delays were due to construction related issues, title issues from the purchase of the property, and the tight space constraints for building the project which has caused constructing the project in three phases with smaller work crews. He also informed the Village Board of the progress that has been made; such as the south wing is enclosed, the center core has a roof, the north wing has mechanicals in process, the project is on a solid financial basis and the amount needed for financing is in place, a letter from Associated Bank stating so was read to the meeting, and they have already received reservations for apartments. Mr. Wimmer stated that they need some additional time to complete this project.  He feels the project will help revitalized the Village Centre.
  A vote was taken on the motion to amend the Developer's Agreement and Municipal Revenue Obligation.
  Vote: 7 - 0 Motion Carried
  Attachments:
  Riverwalk on the Falls, LLC
  Resolution
  Amendment
 
             
Village Manager's review of and report on all active Development Agreements and MRO's to the Village Board
  Motion by Trustee Jeremy Walz, second by Trustee Paul Tadda to have the Village Manager's review of and report on all active Development Agreements and MRO's to the Village Board in order to determine if any Developer's Obligations have not been fulfilled.  This task should include the recording of upcoming completion dates of all outstanding Developer Obligations.
  Vote: 7 - 0 Motion Carried
  Attachments:
  2018-03-19 Agenda Items
 
             
Village Manager's proposal for tracking and alerting the Village Board of future Developer Obligation completion dates stipulated by all active Development Agreements and/or MRO's for Village Board discussion/approval
No formal action was taken on this agenda item.
  Attachments:
  2018-03-19 Agenda Items
 
             
ADJOURNMENT
  Motion by Trustee Jeremy Walz, second by Trustee Randy Van Alstyne to adjourn the meeting.
  Vote: 7 - 0 Motion Carried
  The Village Board adjourned the meeting at 7:39 p.m.
             
Minutes transcribed and submitted by Janice Moyer, Village Clerk & Treasurer
Minutes approved on April 16, 2018

    

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