Category: Legal Minutes
Source: classifiedsMMC.com
Listed: Sat Sep 28th
Ashwaubenon WNAXLP VILLAGE OF ASHWAUBENON VILLAGE HALL-2155 HOLMGREN WAY VILLAGE BOARD OF TRUSTEES MEETING MINUTES-August 27, 2024 Call to Order: The Village Board meeting was called to order by President Kardoskee at 6:00 p.m. President Kardoskee noted Village Manager, Joel Gregozeski will be acting as recording secretary in the absence of the Village Clerk. Roll Call: President Kardoskee, Trustees Paul, Servais, Zirbel, Flucke, Krueger. Excused: Atkinson Also Present - Patrick Leigl (Village Attorney), Joel Gregozeski (Village Manager), Brian Uhl (Chief of Public Safety), Brian Rickert (Director of Public Works), Greg Wenholz (Finance Director), Aaron Schuette (Community Development Director), and Rex Mehlberg (Parks, Recreation & Forestry Director). Members of the public - Jianjun Kan, Mac Cisar, Andy Szymanski, Lisa Szymanski, Beth Clausen, Tom Sigmund, Dan Weber, Kimm Weber, Julie Baranek, David Herrera, Don Chilson, Mike Szkodzinski, Jennifer Watermolen, Brenda Mondolla-Buckley, J.E. Hunt, J.L. Hunt, Scott Hunt. Pledge of Allegiance: The Pledge of Allegiance was recited. Action on Agenda: Motion (Krueger, Servais) to Approve the Agenda as presented. Motion carried unanimously. Action on Minutes: a. Consider/Discuss/Act on the Open and Closed Session Minutes from July 23, 2024. Motion (Servais, Paul) to Approve the open and closed session Minutes from the July 23, 2024 Village Board meeting. Motion carried unanimously. Action on Minutes: a. Consider/Discuss/Act on the Open and Closed Session Minutes from July 23, 2024. Motion (Servais, Paul) to Approve the open and closed session Minutes from the July 23, 2024 Village Board meeting. Motion carried unanimously. Comments from Public: No individual spoke during the Public Comment forum. Written Communications, Announcements, and/or Presentations: a. Presentation on NEW Water Updates, Draft Budget, and Rate Increases. Representatives, Tim Sigmund and Beth Clausen from NEW Water provided a presentation on capital improvement projects and planned rate increases for sanitary sewerage treatment from the Green Bay Metropolitan Sewerage District. Action on Consent Agenda: Motion (Paul, Krueger) to Approve the Consent Agenda as presented. Motion carried unanimously. a. Receive/Accept: June 2024 Financial Reports. b. Receive/Accept: June 2024 Investment Report. c. Receive/Accept: June 2024 Budgeted Expenditures Report. d. Consider/Discuss/Act on a Temporary Alcohol License Extension for PMI for the Great Lakes & Heavy Equipment Expo. e. Consider/Discuss/Act on a Class "B" Beer/"Class B" Liquor License Request for J&K Brothers, LLC dba Mandarin Garden. f. Consider/Discuss/Act on a Permanent Premise Change for Oneida Casino-Main dba Oneida Casino. g. Receive/Accept: August 2024 Public Works Department Monthly Report. Public Hearings: a. Public Hearing Regarding Ordinance #O8-1-24 Regulating Video Boards Within Parts of the SE-Sports & Entertainment and P-Public Use Zoning Districts: Village Manager Joel Gregozeski stated Village staff prepared a draft ordinance amendment to 17-3-200 Definitions and 17-2-200 Site Plan Review to provide for the regulation and permitting of video boards within parts of the SE-Sports & Entertainment and P-Public Use zoning districts. The ordinance was drafted based upon requests from stadium area business owners to permit outdoor video boards for purposes of live event viewing at their respective businesses while trying to balance the public goal of minimizing distractions to vehicle drivers. The ordinance as written would only permit video boards to be powered on and viewable from streets that are closed to vehicular traffic. Video board installation requests would require discretionary review and action by the Site Plan Review Committee, Planning Commission, and Village Board. Andy Szymanski (1992 Holmgren Way) - Spoke in favor of the ordinance. Motion (Krueger, Flucke) to Close Public Hearing regarding Ordinance #08-1-24. Motion carried unanimously. b. Public Hearing Regarding Final Resolution #R8-1-24 Vacating Business Centre Court. Village Attorney, Patrick Leigl noted Multipond America, Inc. has purchased the three parcels (VA-862, VA-863, VA-864-1) previously owned by the Ashwaubenon Community Development Authority (CDA) on Packerland Drive. As part of the purchase agreement, the Village is to formally vacate Business Centre Court. Business Centre Court is a platted, but never constructed, cul-de-sac that was to provide access to the three lots, should they have been sold separately. The public hearing is a necessary step in the statutory process to vacate a platted right-of-way. No individuals spoke on Resolution R8-1-2024. Motion (Flucke, Servais) to Close Public Hearing regarding final Resolution #R8-1-24 Vacating Business Centre Court. Motion carried unanimously. Action Items: a. Consider/Discuss/Act on Ordinance #O8-1-24 Regulating Video Boards Within Parts of the SE-Sports & Entertainment and P-Public Use Zoning Districts: The Village Board deliberated over the proposed ordinance regulating Video Boards within parts of the SE-Sports & Entertainment and P-Public Use Zoning Districts. Trustee Servais asked how many dates video board would be allowed to operate given the streets must be closed for their operation. Village Manager, Gregozeski estimated the number of times the video boards would be allowed is between 10-15 dates annually. Trustee Servais asked why this item was unanimously denied at both Site Plan Review Committee and Planning Commission. President Kardoskee expressed her concern regarding the unapproved video board at 1992 Holmgren Way and its proximity to the road and the video display facing oncoming traffic. Village Attorney, Leigl concurred with President Kardoskees assessment. Leigl noted the Site Plan Review Committee, Plan Commission and Village Board would retain discretion on approving such video boards as part of the site plan process. Trustee Krueger expressed his concerns for safety. Krueger further expressed concern regarding fairness after approving one vs. another. Trustee Flucke expressed concerns for the safety of all users of Holmgren Way, including bicyclists and pedestrians, stating the video board added further distractions. Flucke stated the unapproved video board at 1992 Holmgren Way is too close to the road and is a distraction to not only users of Holmgren Way but potentially cross streets nearby. Trustee Paul stated the street is required to be closed for the video board to be operational, stating it is not hurting anyone. Trustee Flucke stated she would be concerned by cross streets which are still open. Trustee Zirbel stated the Site Plan Committee and Plan Commission denied the proposal and the Board should respect their decision. Motion (Flucke, Zirbel) to Deny Ordinance #O8-1-24 regulating video boards within parts of the SE-Sports & Entertainment and P-Public Use zoning districts. Motion Passed with Trustee Servais and Trustee Paul voting no. b. Consider/Discuss/Act on Final Resolution #R8-1-24 Vacating Business Centre Court: Motion (Paul, Krueger) to Approve Final Resolution #R8-1-24 vacating Business Centre Court. Motion carried unanimously. c. Consider/Discuss/Act on a PRELIMINARY Planned Unit Development (PUD) Request for a Multi-Use Senior Residential Development at 460 Marina Lane, Parcel VA-132-13: Alliance Construction & Design, as applicant for owner BayMar Holdings LLC, has requested preliminary planned unit development (PUD) review for a proposed multi-use residential development including a memory care community based residential facility (CBRF), townhomes, and senior living apartment building at 460 Marina Lane, Parcel VA-132-13. It should be noted that this property has a closed environmental case on file with the Wisconsin Department of Natural Resources (WDNR), and all development will be performed in accordance with WDNR rules and regulations. As this is a preliminary PUD request, detailed engineering, utilities, parking, stormwater management, lighting, and landscaping plans will be submitted with the final PUD. A formal PUD ordinance will be prepared with the final PUD. The subject property is currently vacant and zoned B-3 Community Business. Adjacent uses and zoning include the Residence Inn hotel (B-3) immediately adjacent to the development, the O.C. restaurant (B-3 with PUD) and Riverway Marina (B-3 with PUD) to the south, National Railroad Museum (P-Public Use) to the north, and Packer Fastener (I-1 Heavy Industry) to the west. An existing stormwater pond and Fox River is to the east of the development. The requested PUD overlay on the subject property would allow for the development of the townhomes and senior living apartment building in addition to the CBRF, which is a permitted use within the underlying B-3 zoning district. A public trail easement currently exists along the west side of the stormwater pond as a future Ashwaubomay River Trail extension to the north. A map with the adjacent zoning is included for reference. Driveway access to the development is to be from Marina Lane and South Broadway. As South Broadway is a Brown County Highway, a driveway access permit and boulevard alteration will need to be approved by the Brown County Highway Department. The six-unit attached townhomes and 30,760 square foot, (approximately) 44-unit CBRF will both be single-story buildings. The 5-story, 249,375 square foot, 120-unit senior apartment building will be approximately 56 feet in height, which is below the maximum 120 feet allowable within this area of the Village; however, under Brown County code, any building located within Airport Zone "C" and greater than 50 feet in height is required to obtain a height permit from the Green Bay - Austin Straubel International Airport Director. Additional amenities proposed for the development include drive-in, covered first floor parking for the senior apartment building, a pool, and grilling/patio station. Exterior materials for the CBRF will include a mixture of stone veneer, brick, vertical board and batten siding, and asphalt shingle roof. An exterior courtyard will face the north and will include 7' high aluminum fencing for security. Condensing units will be located within the courtyard space and a mechanical unit mounted on the roof. Under 17-2-200(C)(1)(k) Ashwaubenon Municipal Code, any ground or roof-mounted mechanical units visible from a street right-of-way or property boundary will need to be screened. The six-unit attached townhome building will also include stone veneer, brick, vertical board and batten siding, and asphalt shingle roof. Each condensing unit outside the townhome will be screened with a 4' high cedar fence. The senior apartment building exterior materials will generally consist of horizontal wave metal wall panels on upper floors and concrete masonry unit (CMU) on the first floor and accent upper floors. All apartment units on floors 2-5 will have walkout porches. Under 17-2-200(C)(1)(e&f) Ashwaubenon Municipal Code, all metal wall panels are to utilize fully concealed fasteners. The preliminary PUD was recommended for approval with staff conditions by both the Ashwaubenon Site Plan Review Committee and Planning Commission on 6-0 votes at their respective meetings on August 7, 2024. The Planned Unit Development review objectives found in Section 17-3-500(B)(6) of the Ashwaubenon Municipal Code will be addressed at the time of the Final Planned Unit Development submittal. A formal public hearing will also be held prior to Village Board action on the Final Planned Unit Development ordinance. Trustee Flucke encouraged the developers to plan their site recognizing seniors are some of the most vulnerable people and certain accommodations should be made to ensure they have safe accessibility throughout the site. President Kardoskee expressed concerns regarding the CBRF facility and the proximity to water (Fox River). Motion (Paul, Krueger) to Approve a preliminary Planned Unit Development (PUD) request for a multi-use senior residential development at 460 Marina Lane, Parcel VA-132-13 with staff conditions. Motion carried unanimously. d. Consider/Discuss/Act on Second Amendment to the Lease Agreement Between the Village of Ashwaubenon and Cornerstone Community Center, Inc.: Parks, Recreation and Forestry Director, Rex Mehlberg provided an overview of the proposed second amendment to the lease agreement between Village of Ashwaubenon and Cornerstone Community Center, Inc. Mehlberg noted this item was recommend for approval by the Park Board. Trustee Zirbel noted the one dissenting vote from Park Board was related to the use of tennis courts. Trustee Krueger noted he spoke with the Ashwaubenon School District athletic director noting the district is not concerned with stacking matches at Pioneer. Krueger noted he felt grouping future courts would be better than having one court per site. Motion (Krueger, Flucke) to Approve the second amendment to the Lease Agreement between the Village of Ashwaubenon and Cornerstone Center, Inc. for the expansion of a fourth sheet of ice. Motion carried unanimously. e. Consider/Discuss/Act on Special Event Application for the Bellin Women's Half Marathon Road Closure: Motion (Flucke, Krueger) to Approve the Special Event Application for the Bellin Women's Half Marathon road closure. Motion carried unanimously. f. Consider/Discuss/Act on Appeal of Denied Operator's License - GW Taylor Jr.: GW Taylor Jr. failed to show to speak on their appeal. Motion (Paul, Zirbel) to Deny the appeal of denied Operator's License for GW Taylor Jr. Motion carried unanimously. g. Consider/Discuss/Act on a Producer Full-Service Retail Sales Application from Timekeeper Distillery. Village Attorney provided an overview of the Producer Full-Service Retail Sales Application from Timekeeper Distillery. Motion (Krueger, Flucke) to suspend the rules of order and open the floor for discussion. Motion carried unanimously. Kim and Dan Weber (3824 N 14th Street, Wausau, WI) of Timekeeper Distiller spoke on behalf of their application. The Applicants presented their proposed plan of operations to the Village Board. Motion (Flucke, Krueger) to close the floor and return to the regular rules of order. Motion carried unanimously. The Village Board deliberated on whether the application for Timekeeper Distiller met the requirements of Wisconsin State Statutes, Chapter 125. Motion (Krueger, Paul) to Table action on the request for approval of a Producer Full-Service Retail Sales Application (AB105) from Timekeeper Distillery. This item should go back to staff for further review and to come back with a recommendation. Motion carried unanimously. h. Consider/Discuss/Act on Approval of Potential "Bandshell" Concept in Klipstine Park. Parks, Recreation and Forestry Director, Rex Mehlberg, provided an overview of a conceptual plan to construct a band shell at Klipstine Park. Mehlberg noted an Ashwaubenon resident is looking to fundraise to develop the bandshell. Mehlberg requested the Board's consent in moving this effort forward with support from the Village of Ashwaubenon before he finalizes the fundraising efforts. Mehlberg provided conceptual locations and bandshell options. Motion (Flucke, Zirbel) to Affirm the Village of Ashwaubenon's support to develop a bandshell in Klipstine Park. Motion carried unanimously. i. Consider/Discuss: 2025 Budget and 5-Year Capital Improvement Plan. Finance Director, Wenholz provided an overview of where staff is in preparing the initial draft budget. He provided an overview of developing a draft 5-year Capital Improvement Plan. Wenholz indicated staff was directed to present a zero-based budget, meaning each department should hold and limit any increases from the prior fiscal year in an effort to find efficiencies. Village Manager, Gregozeski also indicated the staff were given several directives during the budget kick-off meeting. These directives include: The overall tax levy increase goal is to not exceed the value of net new construction. General fund balance from 2024 should be set aside to support 2025 NFL Draft expenditures. No new positions will be considered, unless a change in operation eliminates the need for a different position. Wage cost of living increases are projected at 2.9%. Medical benefit costs are also to be factored in the overall budget. Gregozeski also noted their are several potential rate increases to water, sewer and stormwater enterprise funds for 2025. Gregozeski indicated this 5-year capital improvement plan is being distributed for Village Board review, understanding the Board will be discussing in more detail at a future meeting. j. Consider/Discuss/Act on a Request to Pre-Authorize the Purchase of Vehicles for Public Safety. Public Safety Chief, Uhl requested authorization to purchase vehicles. The following vehicles were requested: Three (3) 2025 Ford Explorer Police Interceptor marked patrol squad. Est. $77,000 total with equipment; One (1) 2025 Ford Transit van marked evidence technician vehicle. Est. $65,000 total with equipment, and one (1) 2025 Ford Ranger or similar style marked CSO vehicle. Est. $60,000 total with equipment. Motion (Flucke, Krueger) to Authorize the purchase of vehicles for public safety as presented. Motion carried unanimously. k. Consider/Discuss/Act on the Reallocation of Water Utility Funds for the Design of a Monotower in place of Babcock Standpipe. Public Works Director, Rickert noted The 2024 Capital Improvement Plan had the design/permitting/bidding for the removal of the water standpipe located at the intersection of Carole and Babcock. After digging into this project further it was determined that there are several cellular antennas on this standpipe that have existing lease agreements. The revenue generated from the three providers is approximately $84,000 annually for the Babcock site. The annual operating revenue of approximately $84,000 under our current lease terms provides critical operating revenue for the utility. Rickert noted there are three providers on the standpipe, they include: US Cellular, T-Mobile, and Verizon. The lease agreements are auto-renewed on five-year increments, the earliest renewal comes in 2027. Based on this the Utility Department and Administration discussed what would be the best action to move forward. It was recommended that a monotower could be placed on the property to ensure the revenue is still collected. The approximate cost of the monopole is $200,000 to $250,000 therefore the cost of the tower and the engineering would be recovered in three years. Upon staff's analysis, the following options were considered: 1.Repair the existing standpipe and reuse as a cellular tower (The standpipe is not connected to the municipal water system and serves no purpose other than as an elevated tower for cellular antenna). The estimated repair of the standpipe is between $600-700K. This option was not recommended. 2. Terminate the leases, remove the standpipe and sell the lot for a single family home. This will result in lost 254 operating revenue of between $84,000-$110,000 to the utility. Estimated costs to removed the standpipe are approximately $60,000. Sewer and water laterals would need to be extended at an estimated cost of up to $10,000. The resale on the lot could be approximately $75,000. This option was not recommended. 3. Remove the existing standpipe at a cost of $60,000. Replace with new monotower at an estimated cost of $245,000. The cellular leases would remain and generate between $84,000-$110,000 per year. The return on investment would take approximately 3 years. This option was recommended. 4.Remove the existing standpipe at a cost of $60,000. Negotiate a long term land lease (50 plus years) to a third party for the installation of a monotower. A one time, Lump sum payout of an estimated $400-500k. This option was not recommended. Motion (Krueger, Servais) to Approve the reallocation of water utility funds for the design of a monotower in place of the Babcock standpipe. Motion carried unanimously. Items for Next Agenda: The Timekeeper Distiller AB105 Application was noted. Closed Session Items: During the meeting, the Village Board of the Village of Ashwaubenon may convene into Closed Session pursuant to: a. Wisconsin Statute Section 19.85 (1) (c) for considering employment, promotion, compensation or performance evaluation data of any public employee over which the Village Board has jurisdiction or exercises responsibility. b. Wisconsin Statute Section 19.85 (1) (g) for conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved regarding Tufco Industries. Motion (Flucke, Krueger) to Convene Into Closed Session at 8:50 p.m. Roll call taken. Motion carried unanimously. Reconvene into Open Session: The Village Board may thereafter reconvene in open session pursuant to Wisconsin Statute Section 19.85(2) to report the results of the closed session and consider the balance of the Agenda. 12a. or 12b. No report out on this item. Motion (Krueger, Servais) to Reconvene into Open Session at 9:29 p.m. Roll call taken. Motion carried unanimously. Adjourn: Motion (Paul, Servais) to Adjourn at 9:29 p.m. Motion Passed. Publish 09.27.24 WNAXLP
Source: classifiedsMMC.com
Listed: Sat Sep 28th
Ashwaubenon WNAXLP VILLAGE OF ASHWAUBENON VILLAGE HALL-2155 HOLMGREN WAY VILLAGE BOARD OF TRUSTEES MEETING MINUTES-August 27, 2024 Call to Order: The Village Board meeting was called to order by President Kardoskee at 6:00 p.m. President Kardoskee noted Village Manager, Joel Gregozeski will be acting as recording secretary in the absence of the Village Clerk. Roll Call: President Kardoskee, Trustees Paul, Servais, Zirbel, Flucke, Krueger. Excused: Atkinson Also Present - Patrick Leigl (Village Attorney), Joel Gregozeski (Village Manager), Brian Uhl (Chief of Public Safety), Brian Rickert (Director of Public Works), Greg Wenholz (Finance Director), Aaron Schuette (Community Development Director), and Rex Mehlberg (Parks, Recreation & Forestry Director). Members of the public - Jianjun Kan, Mac Cisar, Andy Szymanski, Lisa Szymanski, Beth Clausen, Tom Sigmund, Dan Weber, Kimm Weber, Julie Baranek, David Herrera, Don Chilson, Mike Szkodzinski, Jennifer Watermolen, Brenda Mondolla-Buckley, J.E. Hunt, J.L. Hunt, Scott Hunt. Pledge of Allegiance: The Pledge of Allegiance was recited. Action on Agenda: Motion (Krueger, Servais) to Approve the Agenda as presented. Motion carried unanimously. Action on Minutes: a. Consider/Discuss/Act on the Open and Closed Session Minutes from July 23, 2024. Motion (Servais, Paul) to Approve the open and closed session Minutes from the July 23, 2024 Village Board meeting. Motion carried unanimously. Action on Minutes: a. Consider/Discuss/Act on the Open and Closed Session Minutes from July 23, 2024. Motion (Servais, Paul) to Approve the open and closed session Minutes from the July 23, 2024 Village Board meeting. Motion carried unanimously. Comments from Public: No individual spoke during the Public Comment forum. Written Communications, Announcements, and/or Presentations: a. Presentation on NEW Water Updates, Draft Budget, and Rate Increases. Representatives, Tim Sigmund and Beth Clausen from NEW Water provided a presentation on capital improvement projects and planned rate increases for sanitary sewerage treatment from the Green Bay Metropolitan Sewerage District. Action on Consent Agenda: Motion (Paul, Krueger) to Approve the Consent Agenda as presented. Motion carried unanimously. a. Receive/Accept: June 2024 Financial Reports. b. Receive/Accept: June 2024 Investment Report. c. Receive/Accept: June 2024 Budgeted Expenditures Report. d. Consider/Discuss/Act on a Temporary Alcohol License Extension for PMI for the Great Lakes & Heavy Equipment Expo. e. Consider/Discuss/Act on a Class "B" Beer/"Class B" Liquor License Request for J&K Brothers, LLC dba Mandarin Garden. f. Consider/Discuss/Act on a Permanent Premise Change for Oneida Casino-Main dba Oneida Casino. g. Receive/Accept: August 2024 Public Works Department Monthly Report. Public Hearings: a. Public Hearing Regarding Ordinance #O8-1-24 Regulating Video Boards Within Parts of the SE-Sports & Entertainment and P-Public Use Zoning Districts: Village Manager Joel Gregozeski stated Village staff prepared a draft ordinance amendment to 17-3-200 Definitions and 17-2-200 Site Plan Review to provide for the regulation and permitting of video boards within parts of the SE-Sports & Entertainment and P-Public Use zoning districts. The ordinance was drafted based upon requests from stadium area business owners to permit outdoor video boards for purposes of live event viewing at their respective businesses while trying to balance the public goal of minimizing distractions to vehicle drivers. The ordinance as written would only permit video boards to be powered on and viewable from streets that are closed to vehicular traffic. Video board installation requests would require discretionary review and action by the Site Plan Review Committee, Planning Commission, and Village Board. Andy Szymanski (1992 Holmgren Way) - Spoke in favor of the ordinance. Motion (Krueger, Flucke) to Close Public Hearing regarding Ordinance #08-1-24. Motion carried unanimously. b. Public Hearing Regarding Final Resolution #R8-1-24 Vacating Business Centre Court. Village Attorney, Patrick Leigl noted Multipond America, Inc. has purchased the three parcels (VA-862, VA-863, VA-864-1) previously owned by the Ashwaubenon Community Development Authority (CDA) on Packerland Drive. As part of the purchase agreement, the Village is to formally vacate Business Centre Court. Business Centre Court is a platted, but never constructed, cul-de-sac that was to provide access to the three lots, should they have been sold separately. The public hearing is a necessary step in the statutory process to vacate a platted right-of-way. No individuals spoke on Resolution R8-1-2024. Motion (Flucke, Servais) to Close Public Hearing regarding final Resolution #R8-1-24 Vacating Business Centre Court. Motion carried unanimously. Action Items: a. Consider/Discuss/Act on Ordinance #O8-1-24 Regulating Video Boards Within Parts of the SE-Sports & Entertainment and P-Public Use Zoning Districts: The Village Board deliberated over the proposed ordinance regulating Video Boards within parts of the SE-Sports & Entertainment and P-Public Use Zoning Districts. Trustee Servais asked how many dates video board would be allowed to operate given the streets must be closed for their operation. Village Manager, Gregozeski estimated the number of times the video boards would be allowed is between 10-15 dates annually. Trustee Servais asked why this item was unanimously denied at both Site Plan Review Committee and Planning Commission. President Kardoskee expressed her concern regarding the unapproved video board at 1992 Holmgren Way and its proximity to the road and the video display facing oncoming traffic. Village Attorney, Leigl concurred with President Kardoskees assessment. Leigl noted the Site Plan Review Committee, Plan Commission and Village Board would retain discretion on approving such video boards as part of the site plan process. Trustee Krueger expressed his concerns for safety. Krueger further expressed concern regarding fairness after approving one vs. another. Trustee Flucke expressed concerns for the safety of all users of Holmgren Way, including bicyclists and pedestrians, stating the video board added further distractions. Flucke stated the unapproved video board at 1992 Holmgren Way is too close to the road and is a distraction to not only users of Holmgren Way but potentially cross streets nearby. Trustee Paul stated the street is required to be closed for the video board to be operational, stating it is not hurting anyone. Trustee Flucke stated she would be concerned by cross streets which are still open. Trustee Zirbel stated the Site Plan Committee and Plan Commission denied the proposal and the Board should respect their decision. Motion (Flucke, Zirbel) to Deny Ordinance #O8-1-24 regulating video boards within parts of the SE-Sports & Entertainment and P-Public Use zoning districts. Motion Passed with Trustee Servais and Trustee Paul voting no. b. Consider/Discuss/Act on Final Resolution #R8-1-24 Vacating Business Centre Court: Motion (Paul, Krueger) to Approve Final Resolution #R8-1-24 vacating Business Centre Court. Motion carried unanimously. c. Consider/Discuss/Act on a PRELIMINARY Planned Unit Development (PUD) Request for a Multi-Use Senior Residential Development at 460 Marina Lane, Parcel VA-132-13: Alliance Construction & Design, as applicant for owner BayMar Holdings LLC, has requested preliminary planned unit development (PUD) review for a proposed multi-use residential development including a memory care community based residential facility (CBRF), townhomes, and senior living apartment building at 460 Marina Lane, Parcel VA-132-13. It should be noted that this property has a closed environmental case on file with the Wisconsin Department of Natural Resources (WDNR), and all development will be performed in accordance with WDNR rules and regulations. As this is a preliminary PUD request, detailed engineering, utilities, parking, stormwater management, lighting, and landscaping plans will be submitted with the final PUD. A formal PUD ordinance will be prepared with the final PUD. The subject property is currently vacant and zoned B-3 Community Business. Adjacent uses and zoning include the Residence Inn hotel (B-3) immediately adjacent to the development, the O.C. restaurant (B-3 with PUD) and Riverway Marina (B-3 with PUD) to the south, National Railroad Museum (P-Public Use) to the north, and Packer Fastener (I-1 Heavy Industry) to the west. An existing stormwater pond and Fox River is to the east of the development. The requested PUD overlay on the subject property would allow for the development of the townhomes and senior living apartment building in addition to the CBRF, which is a permitted use within the underlying B-3 zoning district. A public trail easement currently exists along the west side of the stormwater pond as a future Ashwaubomay River Trail extension to the north. A map with the adjacent zoning is included for reference. Driveway access to the development is to be from Marina Lane and South Broadway. As South Broadway is a Brown County Highway, a driveway access permit and boulevard alteration will need to be approved by the Brown County Highway Department. The six-unit attached townhomes and 30,760 square foot, (approximately) 44-unit CBRF will both be single-story buildings. The 5-story, 249,375 square foot, 120-unit senior apartment building will be approximately 56 feet in height, which is below the maximum 120 feet allowable within this area of the Village; however, under Brown County code, any building located within Airport Zone "C" and greater than 50 feet in height is required to obtain a height permit from the Green Bay - Austin Straubel International Airport Director. Additional amenities proposed for the development include drive-in, covered first floor parking for the senior apartment building, a pool, and grilling/patio station. Exterior materials for the CBRF will include a mixture of stone veneer, brick, vertical board and batten siding, and asphalt shingle roof. An exterior courtyard will face the north and will include 7' high aluminum fencing for security. Condensing units will be located within the courtyard space and a mechanical unit mounted on the roof. Under 17-2-200(C)(1)(k) Ashwaubenon Municipal Code, any ground or roof-mounted mechanical units visible from a street right-of-way or property boundary will need to be screened. The six-unit attached townhome building will also include stone veneer, brick, vertical board and batten siding, and asphalt shingle roof. Each condensing unit outside the townhome will be screened with a 4' high cedar fence. The senior apartment building exterior materials will generally consist of horizontal wave metal wall panels on upper floors and concrete masonry unit (CMU) on the first floor and accent upper floors. All apartment units on floors 2-5 will have walkout porches. Under 17-2-200(C)(1)(e&f) Ashwaubenon Municipal Code, all metal wall panels are to utilize fully concealed fasteners. The preliminary PUD was recommended for approval with staff conditions by both the Ashwaubenon Site Plan Review Committee and Planning Commission on 6-0 votes at their respective meetings on August 7, 2024. The Planned Unit Development review objectives found in Section 17-3-500(B)(6) of the Ashwaubenon Municipal Code will be addressed at the time of the Final Planned Unit Development submittal. A formal public hearing will also be held prior to Village Board action on the Final Planned Unit Development ordinance. Trustee Flucke encouraged the developers to plan their site recognizing seniors are some of the most vulnerable people and certain accommodations should be made to ensure they have safe accessibility throughout the site. President Kardoskee expressed concerns regarding the CBRF facility and the proximity to water (Fox River). Motion (Paul, Krueger) to Approve a preliminary Planned Unit Development (PUD) request for a multi-use senior residential development at 460 Marina Lane, Parcel VA-132-13 with staff conditions. Motion carried unanimously. d. Consider/Discuss/Act on Second Amendment to the Lease Agreement Between the Village of Ashwaubenon and Cornerstone Community Center, Inc.: Parks, Recreation and Forestry Director, Rex Mehlberg provided an overview of the proposed second amendment to the lease agreement between Village of Ashwaubenon and Cornerstone Community Center, Inc. Mehlberg noted this item was recommend for approval by the Park Board. Trustee Zirbel noted the one dissenting vote from Park Board was related to the use of tennis courts. Trustee Krueger noted he spoke with the Ashwaubenon School District athletic director noting the district is not concerned with stacking matches at Pioneer. Krueger noted he felt grouping future courts would be better than having one court per site. Motion (Krueger, Flucke) to Approve the second amendment to the Lease Agreement between the Village of Ashwaubenon and Cornerstone Center, Inc. for the expansion of a fourth sheet of ice. Motion carried unanimously. e. Consider/Discuss/Act on Special Event Application for the Bellin Women's Half Marathon Road Closure: Motion (Flucke, Krueger) to Approve the Special Event Application for the Bellin Women's Half Marathon road closure. Motion carried unanimously. f. Consider/Discuss/Act on Appeal of Denied Operator's License - GW Taylor Jr.: GW Taylor Jr. failed to show to speak on their appeal. Motion (Paul, Zirbel) to Deny the appeal of denied Operator's License for GW Taylor Jr. Motion carried unanimously. g. Consider/Discuss/Act on a Producer Full-Service Retail Sales Application from Timekeeper Distillery. Village Attorney provided an overview of the Producer Full-Service Retail Sales Application from Timekeeper Distillery. Motion (Krueger, Flucke) to suspend the rules of order and open the floor for discussion. Motion carried unanimously. Kim and Dan Weber (3824 N 14th Street, Wausau, WI) of Timekeeper Distiller spoke on behalf of their application. The Applicants presented their proposed plan of operations to the Village Board. Motion (Flucke, Krueger) to close the floor and return to the regular rules of order. Motion carried unanimously. The Village Board deliberated on whether the application for Timekeeper Distiller met the requirements of Wisconsin State Statutes, Chapter 125. Motion (Krueger, Paul) to Table action on the request for approval of a Producer Full-Service Retail Sales Application (AB105) from Timekeeper Distillery. This item should go back to staff for further review and to come back with a recommendation. Motion carried unanimously. h. Consider/Discuss/Act on Approval of Potential "Bandshell" Concept in Klipstine Park. Parks, Recreation and Forestry Director, Rex Mehlberg, provided an overview of a conceptual plan to construct a band shell at Klipstine Park. Mehlberg noted an Ashwaubenon resident is looking to fundraise to develop the bandshell. Mehlberg requested the Board's consent in moving this effort forward with support from the Village of Ashwaubenon before he finalizes the fundraising efforts. Mehlberg provided conceptual locations and bandshell options. Motion (Flucke, Zirbel) to Affirm the Village of Ashwaubenon's support to develop a bandshell in Klipstine Park. Motion carried unanimously. i. Consider/Discuss: 2025 Budget and 5-Year Capital Improvement Plan. Finance Director, Wenholz provided an overview of where staff is in preparing the initial draft budget. He provided an overview of developing a draft 5-year Capital Improvement Plan. Wenholz indicated staff was directed to present a zero-based budget, meaning each department should hold and limit any increases from the prior fiscal year in an effort to find efficiencies. Village Manager, Gregozeski also indicated the staff were given several directives during the budget kick-off meeting. These directives include: The overall tax levy increase goal is to not exceed the value of net new construction. General fund balance from 2024 should be set aside to support 2025 NFL Draft expenditures. No new positions will be considered, unless a change in operation eliminates the need for a different position. Wage cost of living increases are projected at 2.9%. Medical benefit costs are also to be factored in the overall budget. Gregozeski also noted their are several potential rate increases to water, sewer and stormwater enterprise funds for 2025. Gregozeski indicated this 5-year capital improvement plan is being distributed for Village Board review, understanding the Board will be discussing in more detail at a future meeting. j. Consider/Discuss/Act on a Request to Pre-Authorize the Purchase of Vehicles for Public Safety. Public Safety Chief, Uhl requested authorization to purchase vehicles. The following vehicles were requested: Three (3) 2025 Ford Explorer Police Interceptor marked patrol squad. Est. $77,000 total with equipment; One (1) 2025 Ford Transit van marked evidence technician vehicle. Est. $65,000 total with equipment, and one (1) 2025 Ford Ranger or similar style marked CSO vehicle. Est. $60,000 total with equipment. Motion (Flucke, Krueger) to Authorize the purchase of vehicles for public safety as presented. Motion carried unanimously. k. Consider/Discuss/Act on the Reallocation of Water Utility Funds for the Design of a Monotower in place of Babcock Standpipe. Public Works Director, Rickert noted The 2024 Capital Improvement Plan had the design/permitting/bidding for the removal of the water standpipe located at the intersection of Carole and Babcock. After digging into this project further it was determined that there are several cellular antennas on this standpipe that have existing lease agreements. The revenue generated from the three providers is approximately $84,000 annually for the Babcock site. The annual operating revenue of approximately $84,000 under our current lease terms provides critical operating revenue for the utility. Rickert noted there are three providers on the standpipe, they include: US Cellular, T-Mobile, and Verizon. The lease agreements are auto-renewed on five-year increments, the earliest renewal comes in 2027. Based on this the Utility Department and Administration discussed what would be the best action to move forward. It was recommended that a monotower could be placed on the property to ensure the revenue is still collected. The approximate cost of the monopole is $200,000 to $250,000 therefore the cost of the tower and the engineering would be recovered in three years. Upon staff's analysis, the following options were considered: 1.Repair the existing standpipe and reuse as a cellular tower (The standpipe is not connected to the municipal water system and serves no purpose other than as an elevated tower for cellular antenna). The estimated repair of the standpipe is between $600-700K. This option was not recommended. 2. Terminate the leases, remove the standpipe and sell the lot for a single family home. This will result in lost 254 operating revenue of between $84,000-$110,000 to the utility. Estimated costs to removed the standpipe are approximately $60,000. Sewer and water laterals would need to be extended at an estimated cost of up to $10,000. The resale on the lot could be approximately $75,000. This option was not recommended. 3. Remove the existing standpipe at a cost of $60,000. Replace with new monotower at an estimated cost of $245,000. The cellular leases would remain and generate between $84,000-$110,000 per year. The return on investment would take approximately 3 years. This option was recommended. 4.Remove the existing standpipe at a cost of $60,000. Negotiate a long term land lease (50 plus years) to a third party for the installation of a monotower. A one time, Lump sum payout of an estimated $400-500k. This option was not recommended. Motion (Krueger, Servais) to Approve the reallocation of water utility funds for the design of a monotower in place of the Babcock standpipe. Motion carried unanimously. Items for Next Agenda: The Timekeeper Distiller AB105 Application was noted. Closed Session Items: During the meeting, the Village Board of the Village of Ashwaubenon may convene into Closed Session pursuant to: a. Wisconsin Statute Section 19.85 (1) (c) for considering employment, promotion, compensation or performance evaluation data of any public employee over which the Village Board has jurisdiction or exercises responsibility. b. Wisconsin Statute Section 19.85 (1) (g) for conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved regarding Tufco Industries. Motion (Flucke, Krueger) to Convene Into Closed Session at 8:50 p.m. Roll call taken. Motion carried unanimously. Reconvene into Open Session: The Village Board may thereafter reconvene in open session pursuant to Wisconsin Statute Section 19.85(2) to report the results of the closed session and consider the balance of the Agenda. 12a. or 12b. No report out on this item. Motion (Krueger, Servais) to Reconvene into Open Session at 9:29 p.m. Roll call taken. Motion carried unanimously. Adjourn: Motion (Paul, Servais) to Adjourn at 9:29 p.m. Motion Passed. Publish 09.27.24 WNAXLP