Village Board — Agenda

Page 1 of 5 NOTICE OF MEETING VILLAGE OF FOX POINT VILLAGE BOARD MEETING SCHWEM ER HALL – MUNICIPAL BUILDING TUESDAY 7200 N. SANTA MONICA BLVD September 9, 2025 FOX POINT, WI 53217 7:00 P.M. NOTE: THE VILLAGE BOARD WILL BE MEETING IN PERSON AT VILLAGE HALL, WITH A REMOTE ATTENDANCE OPTION, PER THE HYBRID MEETING PROCEDURES FURTHER DESCRIBED IN SECTION 19-32 D. OF THE VILLAGE CODE. THIS MEETING IS OPEN TO ALL CITIZENS IN PERSON AT VILLAGE HALL, OR THROUGH THE ZOOM PARTICIPANT INFORMATION SHOWN BELOW, SUBJECT TO THE FOLLOWING: NO ASSURANCE IS PROVIDED TO THOSE GOVERNING BODY MEMBERS AND CITIZENS INTENDING TO ATTEND REMOTELY THAT THE TECHNOLOGY WILL PERFORM SUFFICIENTLY TO ALLOW FOR THEIR PARTICIPATION AND THE MEETING WILL PROCEDE REGARDLESS. PUBLIC OFFICIALS AND CITIZENS WISHING TO ENSURE THEY CAN PARTICIPATE ARE ENCOURAGED TO ATTEND IN PERSON. CITIZENS ARE ENCOURAGED TO SUBMIT ANY COMMENTS IN WRITING IN ADVANCE OF THE MEETING TO THE ACTING VILLAGE MANAGER AT cfreedy@villageoffoxpoint.com, HOWEVER THERE IS NO LARGER RIGHT TO COMMENT REMOTELY OR IN WRITING THAN IN PERSON. Zoom Participant Information https://us02web.zoom.us/j/87335256142 Meeting ID: 873 3525 6142 Dial: (312) 626-6799 AGENDA 1. Roll Call 2. Persons desiring to be heard At t his time, individuals can address the Village Board on one or more topics for up to three-minutes with time extensions at the Village President's discretion. Citizen comment when agenda items are called will be heard at the discretion of the chair, subject to the overall three-minute limit. In connection with non-agenda items, no action will be taken except for possible referrals to individuals or committees. NOTE: No comments will be heard during this agenda item concerning a pending application for a zoning code amendment or conditional use permit, as the appropriate time for such comments will be at the duly noticed public hearing, so that all interested persons can hear the comments and due process is preserved. 3. Committee Reports a. Plan Co mmission b. Centennial Committee 4. Public Hearing a. Conditi onal Use Permit Application Baja Tan, 8783 N Port Washington Rd. Public Hearing on a conditional use permit application for Baja Tan to allow a tanning and wellness located at 8783 N Port Washington Rd, as required per Village Code Sections 745- 18. 09/09/2025 VB Packet Page 1 of 71 Page 6 Page 2 of 5 b. Condi tional Use Permit Application for Billy Goat Roofing, 8035 N Port Washington Rd. Publ ic Hearing on a conditional use permit application for Billy Goat Roofing to allow office space and storage for a roofing company located at 8035 N Port Washington Rd, as required per Village Code Sections 745-18. 5. Consent Agenda – All items listed under the Consent Agenda will be approved in one motion without discussion unless any Board member requests that the item be removed for individual discussion and possible action. Any item(s) so removed shall be considered individually prior to consideration of any New Business agenda items in the same order in which they were originally listed in the Consent Agenda. a. Approve the minutes of the August 12, 2025 Village Board meeting. b. Adopt the Authorizing Resolution for Urban Forestry Catastrophic Storm Grant Program for reimbursement of costs associated with tree removal activities associated with the August 2025 storm events. c. Authorize the acting/interim village manager to spend up to $8,100.00 for the repair of the police department HVAC RTU as outlined in Proposal Number: 25-0307, as provided by Conditioned Air Design. d. Approve payment of the bills in the amount of $1,640,593.40 for the period August 1, 2025 through August 31, 2025 per the report submitted by the Village Manager. 6. Unfinished Business a. Consideration Village of Fox Point Naming Rights Policy The Vi llage Board will consider and may act to approve the Village of Fox Point Naming Rights Policy. b. Consideration Village of Fox Point Pool Naming Rights Policy The Vi llage Board will consider and may act to approve the Village of Fox Point Pool Naming Rights Policy. c. Update on August 9-10, 2025 Storm/Flood Event The Vi llage Board will hear an update on the August 9-10, 2025 storm/flood event. No action will be taken on this matter. 7. New Business a. Consideration of an Authorizing Resolution for an Urban Forestry Grant. The Vi llage Board will hear and may act on a proposal to submit an Urban Forestry Grant to the Department of Natural Resources to perform a multi-spectral imagery analysis of the urban tree canopy in the Village of Fox Point. b. Consideration of the quote of Energenecs for the replacement of the pumps at Lift Station No. 2. The Village Board will consider and may act on accepting the quote of Energenecs in an amount not to exceed $84,264.86 for the replacement of the pumps at Lift Station No. 2 09/09/2025 VB Packet Page 2 of 71 Pages 7 - 10 Pages 11 - 13 Page 14 Pages 15 - 29 Pages 30 - 34 Pages 35 - 36 Pages 37 - 39 Pages 40 - 43 Page 3 of 5 c. Consideration of Conditional Use Permit Application for Baja Tan, 8783 N Port Washington Rd. Cons ideration and possible action concerning a conditional use permit application for Baja Tan to allow tanning and wellness located at 8783 N Port Washington Rd, as required by Village Code Sections 745-18. d. Consideration of Conditional Use Permit Application for Billy Goat Roofing, 8035 N Port Washington Rd. Cons ideration and possible action concerning a conditional use permit application for Billy Goat Roofing to allow office space and storage for a roofing company located at 8035 N Port Washington Rd, as required per Village Code Sections 745-18. e. As requested by Trustee Aelion and Trustee Stoltz the Village Board will consider and may act on a requirement that capital projects which involve a redesign or change to Village facilities be brought before the Village Board for consideration and approval. As requested by Trustee Alion and Stoltz “The Board will consider and may act on a requirement that capital project which involve a redesign or change to village facilities be brought before the Village Board for consideration and approval.” f. Announcement of retirement of Village Manager Scott Botcher Pr esident Symchych will announce the retirement of Village Manager Scott Botcher, without discussion or action. g. As requested by Trustee Stoltz and Trustee Aelion discussion and possible action on changing the Village’s form of government from Village Manager to Village Administrator. As requested by Trustee Stoltz and Aelion “The Board will consider and may act on changing the Village’s form of government from Village Manager to Village Administrator.” h. Consideration and Possible Action Concerning Process for filling the role of Village Manager (or Village Administrator) The Vi llage Board will consider and may act to establish a process for hiring a new Village Manager (or Village Administrator). If particular candidates are to be considered, that would be addressed in closed session, per agenda item 9 a., which may be taken out of order, after which the Board will return to open session and continue with the agenda. i. Consideration and Possible Action Concerning Process for filling the role of Interim Village Manager (or Village Administrator) The Vi llage Board will consider and may act to establish a process for hiring a new Interim Village Manager (or Village Administrator). If particular candidates are to be considered, that would be addressed in closed session, per agenda item 9 a., which may be taken out of order, after which the Board will return to open session and continue with the agenda. 09/09/2025 VB Packet Page 3 of 71 Pages 44 - 53 Pages 54 - 71 Page 4 of 5 8. Future Agenda Items The Vi llage Board will act on any Trustee requests to place additional matters on an upcoming agenda, without discussion. 9. Possible Closed Session It is anticipated the Village Board may convene into closed session for the following reason(s): a. Upon motion made, seconded and adopted by roll call vote, the Board may convene in closed session pursuant to Wisconsin State Statutes Section 19.85(1)(c) considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility; specifically to discuss sensitive personnel, performance or reputational information involving specific candidates who may serve as Village Manager or Interim Village Manager and to discuss terms of compensation or payments to offer such possible candidates. The Village Board may invite specific persons to attend the closed session, and if so, the persons invited will be announced prior to convening in closed session. This closed session option may take place more than once during the meeting upon properly adopted motion, after which the Village Board will resume the meeting in open session. 10. Reconvene into Open Session The Vi llage Board will reconvene into open session and may take action involving possible persons or firms to serve as Interim Village Manager. 11. Announcements The fol lowing individuals will be given the opportunity to make announcements at the meeting in regard to (i) actions taken since the previous Village Board meeting on behalf of the Village, (ii) future Village activities and (iii) communications received from citizens. These matters will not be discussed or acted on, and Board members shall not comment on matters announced by others. Referrals may be made to committees and/or individuals. a. Vi llage President Symchych b. Trustee Ollman c. Trustee Aelion d. Trustee Stoltz e. Trustee Freedman f. Trustee Miller g. Trustee Barry h. Acting Manager Freedy 12. Adjournment NEX T REGULAR VILLAGE BOARD MEETING: October 14, 2025 7:00 P.M. PLEASE NOTE: Upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aids. Also, upon reasonable notice, best efforts will be used to ensure that members of the public lacking access to the virtual meeting platform are provided alternative reasonable methods to attend. For additional information or to request these services, contact the Village Clerk at (414) 351-8900. "Persons requiring an interpreter or other assistance should contact the Village Clerk’s office 72 hours prior to the meeting. Notice is hereby given that a majority any other board, commission or committee may be present at the meeting to gather information about a subject in which they are interested. This constitutes a meeting of any other board, commission or committee pursuant to 09/09/2025 VB Packet Page 4 of 71 Page 5 of 5 State ex rel. Badke v. Greendale Village Bd., 173 Wis. 2d 553, 494 2d 408 (1993), and must be noticed as such, although said boards, commissions or committees will not take any formal action at this meeting." Published and Posted September 5, 2025 09/09/2025 VB Packet Page 5 of 71 Updates for September Village Board Submitted by Emily Silverson Small workgroups have been diligently working on small detailed tasks • Marketing – o The brochure was sent out to residents in August. There are plenty of extra copies if needed. Will have some at Village Hall. o The website is up and running (www.villageoffoxpoint.com/centennial). o Promoted Centennial at Fox Point Picnic on September 6. o Meeting with Fox Point Garden Club and Fox Point Artists group in Fall to promote events and find ways to collaborate o Will have an article in October/November editions of North Shore Living magazine. • Looking to schedule a meeting in September with Village & FPPD to go over some decisions/details for the February and June events. • February Event - draft plans in place. Will soon provide the invitation and invitee list to Board for review. • June Event - continuing to work on details, more to discuss and finalize. • Fall Event - still at beginning stages. Proposing an external workgroup be created to help with planning/ideas. • Book - proposal continuing to be worked on, close to submitting proposal to publisher. • Apparel order form (see attached form) – If the Board would like to place an order for apparel, please do so by September 30. This is an initial apparel order that Emily Silverson is personally arranging for the committee and village staff and board to order apparel at cost. We have an inventory of sweatshirts that were donated and an embroidery company can embroider items for $16/item. If anyone is interested in ordering a shirt included on the form, the numbers of items available are listed next to each. Otherwise, you can provide Emily with your own apparel and it can be embroidered for $16/item. We may be able to have another one later on if have enough interest. See attached order form. We would plan to have t-shirts made in 2026 for volunteers/committee members to wear at the events, but that's to be decided. 09/09/2025 VB Packet Page 6 of 71 VILLAGE OF FOX POINT VILLAGE BOARD MEETING MINUTES AUGUST 12, 2025 1 1 A meeting and public hearing of the Fox Point Village Board was held by a combination 2 of in-person and virtual attendance via telephonic and video conferencing on Tuesday, August 3 12, 2025 in Schwemer Hall, 7200 N. Santa Monica Boulevard. Village President Symchych 4 called the meeting to order at 7:00 p.m. and asked the Village Clerk Treasurer to take roll call. 5 Roll Call of the Village Board present included: 6 7 Village President Christine Symchych 8 Trustee Greg Ollman 9 Trustee Liz Aelion 10 Trustee Jennie Stoltz 11 Trustee Freedman 12 Trustee Miller 13 Trustee Barry 14 15 Also, present were Village Attorney Eric Larson, Acting Village Manager Chief Chris Freedy, 16 Public Works Director Scott Brandmeier, Village Clerk Treasurer Sara Bruckman, and 17 Assistant Village Manager Kevin Ausman 18 19 Notice of the meeting was provided to the North Shore Now and to all others as required by 20 Sta te open meetings laws and posted on the official bulletin board at 7200 N Santa Monica 21 Boulevard, as well as the village website at www.villageoffoxpoint.com, as per 2015 Wisconsin 22 Act 79 and as described in Village Ordinance Chapter 116-2, 116-2(C). 23 24 PERSONS DESIRING TO BE HEARD 25 26 Mike McDonagh, 7425 N Beach Court, Fox Point; the revetment has been great, cages 27 on the ingress to the drainage pipes need to be addressed. The open drainage pipes 28 are an attractive nuisance, should have cages on the front. 29 30 Hearing no other comments, President Symchych closed public comment. 31 32 COMMITTEE REPORTS – Plan Commission 33 34 a. Plan Commission 35 Trustee Miller explained there were two items on the agenda, approval of Miracle Ear 36 and the Town Club CSM, both matters were approved by the Plan Commission and 37 recommended for the Village Board to approve. 38 39 PUBLIC HEARING 40 41 Conditional Use Permit for Miracle Ear, 6850 N Santa Monica Blvd. 42 43 Public Hearing on a conditional use permit application for Miracle Ear to allow a hearing 44 aid r etail, service, and testing center located at 6850 N Santa Monica Blvd, as required 45 per Village Code Sections 745-18. 46 47 Motion by President Symchych, seconded by Trustee Ollman, and carried by roll 48 call vote (7-0), to open the public hearing at 7:04 p.m., regarding a conditional 49 use permit application for Miracle Ear to allow a hearing aid retail, service, and 50 09/09/2025 VB Packet Page 7 of 71 VILLAGE OF FOX POINT VILLAGE BOARD MEETING MINUTES AUGUST 12, 2025 2 testing center located at 6850 N Santa Monica Blvd, as required per Village Code 51 Sections 745-18. 52 53 Public Comment 54 55 There were no public comments. 56 57 Motion by President Symchych, seconded by Trustee Aelion, and carried by roll 58 call vote (7-0), to close the public hearing at 7:05 p.m., regarding a conditional 59 use permit application for Miracle Ear to allow a hearing aid retail, service, and 60 testing center located at 6850 N Santa Monica Blvd, as required per Village Code 61 Sections 745-18. 62 63 CONSENT AGENDA 64 65 a. Approve the minutes of the July 8, 2025 Village Board meeting and the July 16, 2025 Special 66 Village Board meeting. 67 68 b. Adopt the proclamation declaring September 20 through 28 as Wisconsin Stormwater Week in 69 Fox Point. 70 71 c. Accept the quote from WSO Grading and Excavating in the amount of $10,000 for the 72 improvement of a water vault located in the Village of Whitefish Bay and authorize the 73 Village President to sign the contract on behalf of the Village per the Director of Public 74 Work’s memorandum dated July 30, 2025. 75 76 d. Approve the Certified Survey Map at 7950 N. Santa Monica Blvd. pursuant to the 77 recommendation of the Plan Commission. 78 79 e. Accept Change Order No.1 from Kapur & Associates in the amount of $43,015 for Lake Drive 80 water main inspection services and authorize the Village President and Village Clerk/Treasurer 81 to sign the contract pursuant to the Director of Public Work’s memorandum dated August 5, 82 2025. 83 84 f. Accept Change Order No. 1 from Kapur & Associates for additional design costs associated 85 with the Thorne, Bell and Yates project in the amount of $5,460, more specifically to incorporate 86 the replacement of the water main on Coleman Lane from Lake Drive east to Thorne Lane, and 87 authorize the Village President and Village Clerk/Treasurer to sign the change order pursuant to 88 the Director of Public Work’s memorandum dated August 6, 2025. 89 90 g. Authorize the Acting Village Manager sale of surplus property currently in the possession of the 91 Police Department and Department of Public Works through public auction. 92 93 h. Authorize payment in the amount of $643,185.00 to the fiscal agent of the North Shore Library 94 upon receipt of a proper invoice. 95 96 i. Approve payment of the bills in the amount of $717,052.67 for the period July 1, 2025 through 97 July 31, 2025 per the report submitted by the Acting Village Manager. 98 99 Motion by President Symchych, seconded by Trustee Aelion, and carried by roll 100 call vote (7-0), to approve the consent agenda. 101 102 09/09/2025 VB Packet Page 8 of 71 VILLAGE OF FOX POINT VILLAGE BOARD MEETING MINUTES AUGUST 12, 2025 3 NEW BUSINESS 103 104 105 Consideration of Emergency Declaration Resolution Concerning the Storm Event of 106 August 9 and 10, 2025 107 108 Motion by President Symchych, seconded by Trustee Miller, and carried by roll 109 call vote (7-0), to adopt the Emergency Declaration Resolution Concerning the 110 Storm Event of August 9 and 10, 2025. 111 112 Reject all bids for the Beach Drive Jetties Improvement Project per the Director of 113 Public Works’ memorandum dated August 6, 2025. 114 115 Motion by President Symchych, seconded by Trustee Miller, and carried by roll 116 call vote (7-0), to Reject all bids for the Beach Drive Jetties Improvement Project 117 per the Director of Public Works’ memorandum dated August 6, 2025. 118 119 Consideration of a Conditional Use Permit for MiracleEar, 6850 N Santa Monica Blvd. 120 121 Motion by President Symchych, seconded by Trustee Ollman, and carried by roll 122 ca ll vote (7-0), to approved Conditional Use Permit for MiracleEar, 6850 N Santa 123 Monica Blvd. 124 125 With unanimous consent the Village Board moved up item 7f. 126 127 Presentation of 2026-2030 Capital Plan 128 129 As requested by Trustee Stoltz and Trustee Barry discussion and possible action on 130 allowing the Friends of the Fox Point Pool to use naming rights for the new municipal 131 pool facility as a fund-raising tool. 132 133 Kate Battle 8689 Seneca Rd, Fox Point, Chair of fundraising board introduced the three new 134 members working on fundraising efforts. 135 Meg Langley, 8336 N Links Way, Fox Point, Ashley O’Connor 385 E Dafney Rd, Fox Point, 136 and Leah Fiasca 7751 N Fairchild Rd., presented on the potential Friends of the Fox Point 137 Pool naming rights approach. 138 139 Attorney Larson will draft a village naming rights policy and pool naming rights policy to be 140 reviewed at the September Village Board Meeting. 141 142 P resentation and acceptance of FY 2024 Audit by Wendi Unger (Baker Tilly) to the 143 Village Board 144 145 Motion by President Symchych, seconded by Trustee Miller, and carried by roll 146 call vote (7-0), to accept the FY 2024 Audit. 147 148 FUTURE AGENDA ITEMS – None 149 150 151 ANNOUNCEMENTS 152 09/09/2025 VB Packet Page 9 of 71 VILLAGE OF FOX POINT VILLAGE BOARD MEETING MINUTES AUGUST 12, 2025 4 153 President Symchych announced she attend the Fire Department meeting; they received lots of 154 calls with the flooding. Thanked all staff for their work on the flood issue. 155 156 Trustee Freedman announced North Shore Library received grant for $500,000 borrowing for 157 the municipalities should be less. 158 159 Trustee Miller announced his appreciation for staff during flood and how it is being handled 160 compared to other communities. 161 162 163 ADJOURNMENT 164 165 Motion made by President Symchych, second by Trustee Ollman, and carried by 166 roll call vote (7-0) to adjourn the Village Board meeting at 9:24 p.m. 167 168 169 Respectfully submitted, 170 171 172 173 174 Sara A. Bruckman 175 Village Clerk Treasurer 176 177 178 179 09/09/2025 VB Packet Page 10 of 71 09/09/2025 VB Packet Page 11 of 71 09/09/2025 VB Packet Page 12 of 71 STATE OF WISCONSIN VILLAGE OF FOX POINT MILWAUKEE COUNTY RESOLUTION NO. 2025-__ RESOLUTION AUTHORIZING SUBMITTAL OF A DEPARTMENT OF NATURAL RESOURCES URBAN FORESTRY CATASTROPHIC STORM PROJECT GRANT WHEREAS, the Village of Fox Point is interested in acquiring a cost-share grant from the Wisconsin Department of Natural Resources for the purpose of funding an urban forestry catastrophic storm project specified in Sections 23.097(1g) and (1r), Wis. Stats.; and WHEREAS, the applicant attests to the validity and veracity of the statements and representations contained in the grant application; and WHEREAS, the applicant requests a grant agreement to carry out the project which includes reimbursement of expenses incurred in removing trees that toppled during the storms in August 2025 in the Village of Fox Point; and WHEREAS, the Village of Fox Point fully supports the project. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Fox Point hereby authorizes the Director of Public Works to act on behalf of the Village of Fox Point to: • Sign and submit an application to the State of Wisconsin Department of Natural Resources for any financial aid that may be available; • Sign a grant agreement between the Village of Fox Point (applicant) and the Department of Natural Resources; • Sign and submit reimbursement claims along with the necessary supporting documentation; • Sign and submit interim and final reports and other documentation as required by the grant agreement; and • Take necessary action to undertake, direct and complete the approved project. BE IT FURTHER RESOLVED that the Village of Fox Point shall comply with all state and federal laws, regulations and permit requirements pertaining to implementation of this project and to fulfillment of the grant document provisions. Dated this 9 th day of September, 2025. 09/09/2025 VB Packet Page 13 of 71 MEMORANDUM _________________________________________________________ POLICE DEPARTMENT VILLAGE OF FOX POINT TO: F OX POINT BOARD OF TRUSTEES FROM: C HIEF CHRISTOPHER FREEDY D ATE: S EPTEMBER 2, 2025 R EGARDING: HVAC REPAIR The police department received a new facility in 2008 and has conducted preventative maintenance on the mechanicals since that time in an effort to maximize the lifespan of the equipment and ensure proper equipment operation. As with all mechanical equipment, time takes its toll on the parts. The rooftop unit (RTU) for the heating ventilation and air conditioning (HVAC) system has recently encountered an issue that was identified during the preventative maintenance and repairs must be made. Open Issue The RTU air conditioning compressor (1 of 2) expansion valve is failing and needs to be replaced. The total cost is dependent upon extent of leak / damage to the unit. The total cost for the repair may be upwards of $8,100.00. Quote Step #1: Need to pull the refrigerant charge from circuit 1 & verify proper amount of refrigerant is in the system. Our price to provide work described above is $730.00 dollars Step #2: IF the proper amount of refrigerant is in the system - need to replaced faulty TXV valve, evacuate system, re-charge system back to factory specifications with 24 lbs. R -22 refrigerant, start -up and test operation. Our price to provide work described above is $5,531.00 dollars Step #3: Need to replace both compressor contactors, install new OEM compressor board, start -up and test operation. Our price to provide work described above is $1,797.00 dollars Total Price of Investment: $8,058.00 dollars Request I am requesting the Village Boad authorize the acting / interim village manager to spend up to $8,100.00 for the repair of the police department HVAC RTU as outlined in Proposal Number: 25-0307, provided by Conditioned Air Design. 09/09/2025 VB Packet Page 14 of 71 09/09/2025 VB Packet Page 15 of 71 09/09/2025 VB Packet Page 16 of 71 09/09/2025 VB Packet Page 17 of 71 09/09/2025 VB Packet Page 18 of 71 09/09/2025 VB Packet Page 19 of 71 09/09/2025 VB Packet Page 20 of 71 09/09/2025 VB Packet Page 21 of 71 09/09/2025 VB Packet Page 22 of 71 09/09/2025 VB Packet Page 23 of 71 09/09/2025 VB Packet Page 24 of 71 09/09/2025 VB Packet Page 25 of 71 09/09/2025 VB Packet Page 26 of 71 09/09/2025 VB Packet Page 27 of 71 09/09/2025 VB Packet Page 28 of 71 09/09/2025 VB Packet Page 29 of 71 MUNICIPAL LAW & LITIGATION GROUP, S.C. ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR DALE W. ARENZ (1935-2022) 730 N. GRAND AVENUE PAUL E. ALEXY DONALD S. MOLTER, JR. (Retired) WAUKESHA, WISCONSIN 53186 LUKE A. MARTELL JOHN P. MACY Telephone (262) 548-1340 SAMANTHA R. SCHMID H. STANLEY RIFFLE (Court Commissioner) Facsimile (262) 548-9211 CHRISTOPHER R. SCHULTZ ERIC J. LARSON Email: elarson@ammr.net LUCAS C. LOGIC REMZY D. BITAR GREGORY M. PROCOPIO BENJAMIN T. CROCKETT ADAM J. MEYERS SAVANNA M. GAIN JAIME L. STAFFARONI HAILEY R. LIPINSKI ----------- STEPHEN J. CENTINARIO, JR. August 26, 2025 Kevin Ausman, Assistant Village Manager Village of Fox Point 7200 N Santa Monica Blvd. Fox Point, WI 53217 Re: Village Board Naming Rights Policy First Draft Dear Mr. Ausman: I received the Village Board’s direction to propose a Naming Rights Policy for the Village Board to use going forward. I have had an opportunity to carefully consider this matter. Enclosed please find the first draft of two Naming Rights Policies I prepared in this regard. The first is a general policy for the Village, while the second relates directly to the Fox Point Pool. I believe you will find the enclosed to be self-explanatory. I note the following comments, questions, concerns and recommendations in this regard. 1. I used the draft North Shore Library’s Naming Rights Policy as a model. That policy has not been approved, but this is the version I received from Sandy Grady. 2. Comments Applicable to Both Policies. In Section 2, please carefully review the definitions for “Gift” and “Naming Rights” to ensure these are consistent with the Village’s intent. We can add or remove certain items that may be considered a “gift,” and other facilities/equipment may be eligible to receive “Naming Rights” depending upon the Village’s intent. 3. Fox Point Pool Policy. For this policy, I created a process in Section 7 that relates to any Gifts the Friends of the Fox Point Pool may solicit on the Village’s behalf. This is based upon the process the Friends presented to the Village Board recently in their PowerPoint. For these donors, the Friends and the donor would enter into a letter of intent outlining the terms of the Gift and the Naming Rights. The Friends would then submit this to the Village Manager, following the procedure for all Naming Rights. I noted that the Gifts that are directly solicited by the Friends, and which the donor enters an LOI with the Friends, will be counted towards the Friends fundraising goal. Please ensure this is consistent with the Village’s intent. 09/09/2025 VB Packet Page 30 of 71 MUNICIPAL LAW & LITIGATION GROUP, S.C. Kevin Ausman August 26, 2025 Page 2 If you should have any questions or concerns regarding these matters, please do not hesitate to contact me. Very truly yours, MUNICIPAL LAW & LITIGATION GROUP, S.C. Eric J. Larson Eric J. Larson EJL/BTC/jd Enclosure: − First Draft of Naming Rights Policy − First Draft of Fox Point Pool Naming Rights Policy cc: Chris Freedy, Acting Village Manager Sara Bruckman, Village Clerk 09/09/2025 VB Packet Page 31 of 71 VILLAGE OF FOX POINT NAMING RIGHTS POLICY 1. Purpose of Naming Rights Policy It is the policy of the Village Board of the Village of Fox Point from time to time to recognize the generosity of individuals, corporations, foundations or other donors by choosing to create a specific naming designation in the Village. Naming opportunities are also available to honor a person’s significant service to the Village, the community, or to society at large. The Village Board holds the right to decline any gift to the Village or to reject any naming proposal. More specific policies may apply to naming rights for specific Village facilities, which shall be in addition to the policies expressed herein. 2. Definitions a. Village Board: The Village Board of Trustees for the Village of Fox Point b. Gift: A voluntary and irrevocable pledge paid to the Village in the form of a one- time contribution, or in multiple contributions over a period of several years. This can take the form of cash, bequests, annuities, charitable remainders, and tangible and intangible personal property. Stocks can also be provided as a gift. In-kind gifts may be accepted should those gifts be convertible to cash or have a value to the Village. c. Village: The Village of Fox Point d. Naming Rights: Naming Rights can be applied to any of the following, including but not limited to: Meeting spaces, special use areas, interior and exterior equipment, vegetation such as trees or other plants, and other interior or exterior spaces, in honor or memory of an individual, corporation, foundation or organization as grateful recognition of the donor’s gift. This is not an all- encompassing list and other facilities, areas, or equipment may be eligible for Naming Rights, in the sole discretion of the Village Board. For new facilities only: In the event a new facility is being constructed, a donor who requests Naming Rights for the entire facility must contribute a minimum of 51% of the total project cost, including construction, equipment, and furnishings for the building. e. Naming Rights Donor Agreement. The Agreement outlining the terms of the Naming Rights being designated, including, but not limited to the following: i. The proposed name/language of the Naming Rights; ii. The amount donated in the Gift; iii. The payment schedule for the Gift; iv. The intent and purpose for the Gift; v. The process to address any default by the donor; and vi. Any other relevant or otherwise required terms. 3. Policy Guidelines a. The Village Board has the sole and absolute discretion in granting any Naming Rights. 09/09/2025 VB Packet Page 32 of 71 b. No Village building or space shall be named in honor of any living person. c. All Naming Rights and opportunities are considered on a first-come, first-served basis and are subject to Village Board approval. d. Naming Rights will only be granted if the Gift is paid directly to the Village of Fox Point. e. Naming Rights will be memorialized in the Naming Rights Donor Agreement which will grant the donor specified Naming Rights, subject to acceptance of the donor’s Gift and approval of such Naming Rights by the Village Board and consistent with this policy. Naming Rights shall be granted for a period of 10- years. f. No permanent signage recognizing a donor will be put into place until 51% of the donor’s pledged funds are received by the Village. All pledges must be paid in full within 3 years from the initial pledge. Failure to complete the terms of the Naming Rights Donor Agreement may result in the removal of any signage and the Village Board may discontinue use of the donor’s name, at the Village Board’s sole discretion. g. The Village Board reserves the right to terminate or alter a Naming Rights’ designation under any circumstances, including if an individual or organization name comes into disrepute, in the sole discretion of the Village Board. Should the Naming Rights Donor Agreement be terminated, the Village Board shall have no further obligation or liability to the donor and shall not be required to return any portion of the Gift that has already been paid. In its sole discretion, the Village Board may choose an alternative recognition for any portion of the Gift which has been received, or choose to terminate the Naming Rights altogether. h. No Naming Rights will be granted if there is any potential conflict of interest with the donor. i. The granting of Naming Rights by the Village Board does not constitute any endorsement of the donor by the Village of Fox Point. j. The Village Board shall consider any restrictions on a Gift from a donor on a case-by-case basis. 4. Request Procedure a. All requests for Naming Rights shall be submitted to the Village Manager in writing. The terms of the proposed Naming Rights Agreement shall be based upon the definitions and guidelines outlined in this policy. The Village Manager shall review and make recommendations to the Village Board on any requests for Naming Rights. b. Requests for Naming Rights will be brought to the Village Board by the Village Manager for action within 60 days of receipt. The donor will be notified within 14 days of the Village Board’s decision. c. The Village Board shall vote to approve or deny all Naming Rights requests. The Village Board may deny a Naming Rights request for any reason. 09/09/2025 VB Packet Page 33 of 71 d. Upon approval, the final Naming Rights Donor Agreement shall be signed by the Village President and the individuals, corporations, foundations or other donors who have proposed the Naming Rights. e. No publicity shall be given to the Naming Rights until approved by the Village Board. 5. Recognition a. Upon approval of the Naming Rights by the Village Board, the Village Board may, in their sole discretion, hold a dedication ceremony. The Village Board will not hold a dedication ceremony if the donor does not want to participate in a dedication ceremony. A dedication plaque or comparable marking may be established at the ceremony. b. The Village Board reserves the right to choose wording, size, location and style of recognition. Visual recognition of a named space will adhere to Village standards, including exterior and interior signage, logos, letterhead and all other representations of the Village’s identity. The Village Board reserves all rights related to any visual recognition. c. The Village Board has sole discretion to choose to use the Naming Rights in any communications or other publications of the Village. 6. Renaming and/or Modification a. Any request to rename, add, or remove the Naming Rights shall be made to the Village Board. The Village Board reserves the right to grant or deny any request to rename, add, or remove the Naming Rights. In the event the Naming Rights must be removed for new construction, or in the event the facility is destroyed by natural disaster and is rebuilt to be used for its original purpose, the Naming Rights shall be replaced per the original Naming Rights Donor Agreement. b. In the event a building or area is drastically altered through construction, the Village Board shall reserve the right to add/alter the Naming Rights. Any donor plaques or other recognition displaced as a result of this may be rededicated in an alternative location in accordance with the time frame developed for the original Gift and Naming Rights. c. When a named space or other recognition for the Naming Rights has reached the end of its useful life and will be replaced or substantially renovated, the replaced or renovated space may be renamed in recognition of a new donor or honoree. Appropriate recognition of earlier donors or honorees may be included in, or adjacent to, the replaced or renovated space, at the sole discretion of the Village Board. Approved by the Village Board for the Village of Fox Point 09/09/2025 VB Packet Page 34 of 71 VILLAGE OF FOX POINT FOX POINT POOL NAMING RIGHTS POLICY 1. Purpose of Naming Rights Policy The Village of Fox Point has adopted a Naming Rights Policy. The purpose of this Fox Point Pool Naming Rights Policy is to supplement the general Village Naming Rights Policy with terms that specifically relate to the Fox Point Pool. 2. Definitions All terms defined in the Village Naming Rights Policy apply to this Policy. In addition, the term “Friends” is defined as follows: Friends: The Friends of the Fox Point Pool is a 501(c)(3) independent organization run by volunteer community members who care about the Fox Point Pool and whose mission is to support the Fox Point Pool by advocacy and raising funds to provide enhanced programs and services for the community. 3. Friends of Fox Point Pool Involvement a. The Friends may solicit Gifts on behalf of the Village. The Friends may enter into a letter of intent (LOI) with the donor, outlining the general terms of the Gift and the payment schedule. b. The Friends will then submit the request for Naming Rights to the Village Manager, following the procedure outlined in Section 4 of this Policy. The Village Board shall still have sole discretion for whether to approve or deny the Gift and the Naming Rights. c. A donor entering an LOI with Friends does not guarantee that the Village Board will accept the Gift and Naming Rights. The Village Board reserves all rights and decision-making authority regarding Gifts solicited by Friends. d. If a Gift solicited by Friends is accepted by the Village Board, the donor will make payment/the Gift to Friends, who will then immediately transfer all payments/the Gift to the Village. e. Any Gifts directly solicited by Friends, in which the donor enters an LOI with the Friends, shall be counted towards the fundraising goal set by the Village for the Friends. f. All terms and conditions of this Policy apply to any Gifts that the Friends may solicit on behalf of the Village. 4. Pool Facilities Eligible Fox Point Pool Naming Rights Amount Full Naming Rights (entire facility)* TBD Community Room (4 season) TBD Snack Bar /Concession Area TBD Children's Pool TBD 09/09/2025 VB Packet Page 35 of 71 Diving Board / Diving Well TBD 6 Lap Lanes TBD Snack Bar table (inside pool area) – 4 available TBD Beer Garden Table (Outside Pool Area) – 4 available TBD Shade Structure (Umbrella) - 10 available TBD Playground - Slide TBD Playground - Swings TBD Playground - Climbing Structure TBD Playground - Teeter Totter TBD Playground - Bench/Seating - 2 available TBD *Facility name/amount must be approved by the Village Board. Approved by the Village Board for the Village of Fox Point 09/09/2025 VB Packet Page 36 of 71 09/09/2025 VB Packet Page 37 of 71 09/09/2025 VB Packet Page 38 of 71 STATE OF WISCONSIN VILLAGE OF FOX POINT MILWAUKEE COUNTY RESOLUTION NO. 2025-__ RESOLUTION AUTHORIZING SUBMITTAL OF A DEPARTMENT OF NATURAL RESOURCES URBAN FORESTRY GRANT WHEREAS, the Village of Fox Point is interested in acquiring a cost-share grant from the Wisconsin Department of Natural Resources for the purpose of funding urban and community forestry projects specified in Sections 23.097(1g) and (1r), Wis. Stats.; and WHEREAS, the applicant attests to the validity and veracity of the statements and representations contained in the grant application; and WHEREAS, the applicant requests a grant agreement to carry out the project which includes drone flights and multi-spectral imagery to determine canopy coverage in the Village of Fox Point; and WHEREAS, the Village of Fox Point fully supports the project. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Fox Point hereby authorizes the Director of Public Works to act on behalf of the Village of Fox Point to: • Sign and submit an application to the State of Wisconsin Department of Natural Resources for any financial aid that may be available; • Sign a grant agreement between the Village of Fox Point (applicant) and the Department of Natural Resources; • Sign and submit reimbursement claims along with the necessary supporting documentation; • Sign and submit interim and final reports and other documentation as required by the grant agreement; and • Take necessary action to undertake, direct and complete the approved project. BE IT FURTHER RESOLVED that the Village of Fox Point shall comply with all state and federal laws, regulations and permit requirements pertaining to implementation of this project and to fulfillment of the grant document provisions. Dated this 9 th day of September, 2025. 09/09/2025 VB Packet Page 39 of 71 09/09/2025 VB Packet Page 40 of 71 09/09/2025 VB Packet Page 41 of 71 09/09/2025 VB Packet Page 42 of 71 09/09/2025 VB Packet Page 43 of 71 1 Conditional Use Order WHEREAS, an application has been filed by Baja Tan (hereinafter "Applicant"); and WHEREAS, the Applicant is requesting that a conditional use permit be granted pursuant to the Zoning Ordinance of the Village of Fox Point for the property located at 8783 N Port Washington Road, Fox Point, Wisconsin. NOW, THEREFORE, the Village of Fox Point Village Board, upon consideration of thoughts expressed by all persons heard at the Village Board meeting in this matter, upon consideration of the recommendation from the Plan Commission, and following all necessary study and investigation, having given the matter due consideration, hereby ORDERS AS FOLLOWS: Commencing upon the date hereof, the Applicant is hereby granted a conditional use permit, subject to initial and continued compliance with each and every one of the following conditions, restrictions and limitations. 1. Use Restricted. Baja Tan will operate a tanning and wellness facility. All business operations will occur in the interior of the tenant space. The hours of operation shall be limited to 9:00 AM until 7:00 PM, Monday through Saturday. 2. Presentation Compliance. All of the Applicant’s plans, specifications, terms and representations as submitted with the application, or in support thereof, or as represented to the Village Board in the course of the approval process, are specifically incorporated herein and made a part hereof by reference, and the use of the subject property shall be in substantial conformance with the same except as further restricted or modified herein. 3. Not Transferable. This conditional use permit is granted to the Applicant and shall not be transferred or assigned without the Village Board’s prior written consent, which may only be granted following the Village Board’s receipt of a recommendation from the Plan Commission. 4. Applicant and Owner Agreement. As a condition precedent to the issuance of the conditional use permit, the owner of the Subject Property shall approve the issuance of this conditional use permit upon the terms and conditions described herein in writing, and the Applicant is required to accept the terms and conditions of the same in its entirety in writing. 5. Other Uses Prohibited. Any use not specifically listed as permitted shall be considered to be prohibited except as may be otherwise specifically provided herein. In case of a question as to whether a use is permitted, the question shall be submitted to the Plan Commission fo r recommendation to the Village Board, and then to the Village Board for determination. 6. No Nuisances, and Compliance with Applicable Laws. No use is hereby authorized unless the use is conducted in a lawful, orderly and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, the County of Milwaukee, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This order shall not be deemed to constitute a building permit, nor shall this order constitute any other license or permit required by Village ordinance or other law. 7. Subject Property Only. This conditional use hereby authorized shall be confined to the Subject Property described, without extension or expansion other than as noted herein. 8. Abandonment. Should the permitted conditional use be abandoned in any manner, or discontinued in use for twelve (12) months, or continued other than in strict conformity with the conditions of the original approval, or should the Applicant be delinquent in payment of any monies due and owing to the Village, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional use may be terminated by action of the Village Board following receipt of a recommendation from the Plan Commission and after the Village Board holds a public hearing in the matter. 9. Amendments . Any change, addition, modification, alteration and/or amendment of any aspect of this conditional use, including but not limited to an addition, modification, alteration, and/or 09/09/2025 VB Packet Page 44 of 71 2 amendment to the use, premises (including but not limited to any change to the boundary limits of the Subject Property), structures, lands or owners, other than as specifically authorized herein, shall require a new permit and all procedures in place at the time must be followed. 10. Plan Amendments. Unless this conditional use permit expressly states otherwise, plans that are specifically required by this conditional use order may be amended (a) without separate approval in the limited circumstances described in Section 14.19(11) of the Village Code; or (b) by the Village Board upon receipt of a recommendation from the Plan Commission if the Village Board finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Village Board, in its sole discretion, finds to be substantial shall require a new permit, and all procedures in place at the time must be followed. 11. S everability. Should any paragraph or phrase of this conditional use permit be determined by a Court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use and the remainder shall continue in full force and effect. 12. Most Restrictive Applies . If any aspect of this conditional use permit or any aspect of any plan contemplated and approved under this conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive provision shall be controlling as determined by the Plan Commission. 13. Prior Conditional Use Permits Terminated . Unless stated otherwise herein or in the documents incorporated herein, all conditional use permits previously granted for the Subject Property, if any, shall be automatically terminated without further action of the Village Board immediately following full satisfaction of all condition’s precedent to this conditional use order taking effect. 14. Payment of fees. Applicant shall, on demand, reimburse the Village for all costs and expenses of any type that the Village incurs in connection with this conditional use order including the cost of professional services incurred by the Village (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional use order due to a violation of these conditions. 15. Payment of Taxes and Charges. Any unpaid bills owed to the Village by the Subject Property Owner or his or her tenants, operators or occupants, for reimbursement of professional fees; or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Village; shall be placed upon the tax roll for the Subject Property if not paid within thirty (30) days of billing by the Village, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional use order, that is subject to all remedies available to the Village, including possible cause for termination of the conditional use order. 16. Conditions Shown in Minutes Incorporated. All conditions of approval imposed by duly adopted motion of the Village Board in its consideration of the Applicant’s application, as noted in the Minutes of the Village Board meeting at which approval was granted, are specifically incorporated herein by reference. 17. The Applicant is obligated to file with the Village Clerk a current mailing address and current phone number at which the Applicant can be reached, which must be continually updated by the Applicant if such contact information should change, for the duration of this conditional use. If the Applicant fails to maintain such current contact information the Applicant thereby automatically waives notice of any proceedings that may be commenced under this conditional approval, including proceedings to terminate this conditional use. 09/09/2025 VB Packet Page 45 of 71 3 Let copies of this order be filed in the permanent records of the Village Board for the Village of Fox Point, and let copies be sent to the proper Village of Fox Point authorities and the Applicant and Owner. Signed this _____ day of ______________, 2025, nunc pro tunc the _______ day of ________________, 2025. BY THE FOX POINT VILLAGE BOARD: Christine Symchych, Village President Attest: Sara A Bruckman, CMC/WCMC, Village Clerk/Treasurer APPROVAL I hereby approve the issuance of this Conditional Use Permit to the Applicant on the terms and conditions described herein. Dated this day of , 2025. SUBJECT PROPERTY OWNER ____________________________ By:__________________________________________________ Authorized Signatory Title: ________________________________________________ ACCEPTANCE I hereby accept the terms and conditions of this Conditional Use in its entirety. Dated this da y of , 2025. APPLICANT: By: __________________________________________________ Authorized Signatory Title: ___________________________ 09/09/2025 VB Packet Page 46 of 71 VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Plan Commission From: Kevin Ausman, Assistant Village Manager CC: Chief Chris Freedy, Acting Village Manager Date: September 2, 2025 Re: Baja Tan - CUP Overview Stephanie Fett has applied for conditional use approval regarding relocation of an existing business to a new tenant space. The change of tenant space under Section 745-18D(1)(o) would allow a tanning and wellness facility, Baja Tan, to operate at 8783 N Port Washington Road in the D Business District. The tenant space is located in the Riverpoint Shopping Center. Background Baja Tan is an existing business located at 8667 N Port Washington Road which received CUP approval (CUP #2025-06) for change of ownership in July 2025. Request The applicant has indicated no changes to existing business operations. Hours of operation are proposed from 9AM – 7PM Monday through Saturday. Sufficient parking within the Riverpoint Shopping Center exists to accommodate patrons. Recommendation Staff recommends that the Plan Commission recommend that the Village Board approve the conditional use request following a mandatory public hearing. 09/09/2025 VB Packet Page 47 of 71 09/09/2025 VB Packet Page 48 of 71 09/09/2025 VB Packet Page 49 of 71 09/09/2025 VB Packet Page 50 of 71 09/09/2025 VB Packet Page 51 of 71 09/09/2025 VB Packet Page 52 of 71 09/09/2025 VB Packet Page 53 of 71 1 Conditional Use Order WHEREAS, an application has been filed by Billy Goat Roofing (hereinafter "Applicant"); and WHEREAS, the Applicant is requesting that a conditional use permit be granted pursuant to the Zoning Ordinance of the Village of Fox Point for land described as 8035 N Port Washington Road, Fox Point, Wisconsin. NOW, THEREFORE, the Village of Fox Point Village Board, upon consideration of thoughts expressed by all persons heard at the Village Board meeting in this matter, upon consideration of the recommendation from the Plan Commission, and following all necessary study and investigation, having given the matter due consideration, hereby ORDERS AS FOLLOWS: Commencing upon the date hereof, the Applicant is hereby granted a conditional use permit, subject to initial and continued compliance with each and every one of the following conditions, restrictions and limitations. 1. Use Restricted. Billy Goat Roofing will operate a licensed contractor administrative offices, along with tool and vehicle storage. Conditions of approval are as follows: a. All tools, materials, and equipment must be stored indoors. No outdoor storage of materials, equipment, or trailers is permitted. b. Overnight outdoor vehicle parking limited to automobile and pickup trucks. No semi-truck or trailer storage is allowed outdoors. c. Applicant must submit and maintain a parking plan identifying stalls for employees, clients, and company vehicles. Fleet parking may not interfere with required customer/employee parking. A parking reduction may be allowed from the requirements of Section 745-18(F)(7) subject to approval of the Director of Public Works. Any overflow or future demand must be met on the site. d. Applicant must submit a lighting plan subject to review and approval of the Director of Public Works e. Hours of operation limited to 7:00 AM – 7:00 PM, Monday through Saturday, including any outdoor vehicle activity. No idling of vehicles overnight. f. Refuse containers must be fully screened in compliance with §745-18(F)(6). g. Any additional tenant must be separately reviewed for compliance with §745-18. h. Any exterior modifications to the site (landscaping, parking lot, lighting, signage) require site plan approval by the Village Board under §745-18(E). i. Prior to commencing operations, the applicant must satisfy conditions #3 and #4 related to the parking and lighting plans. 2. Presentation Compliance. All of the Applicant’s plans, specifications, terms and representations as submitted with the application, or in support thereof, or as represented to the Village Board in the course of the approval process, are specifically incorporated herein and made a part hereof by reference, and the use of the subject property shall be in substantial conformance with the same except as further restricted or modified herein. 3. Not Transferable. This conditional use permit is granted to the Applicant and shall not be transferred or assigned without the Village Board’s prior written consent, which may only be granted following the Village Board’s receipt of a recommendation from the Plan Commission. 4. Applicant and Owner Agreement. As a condition precedent to the issuance of the conditional use permit, the owner of the Subject Property shall approve the issuance of this conditional use permit upon the terms and conditions described herein in writing, and the Applicant is required to accept the terms and conditions of the same in its entirety in writing. 5. Other Uses Prohibited. Any use not specifically listed as permitted shall be considered to be prohibited except as may be otherwise specifically provided herein. In case of a question as to whether a use is permitted, the question shall be submitted to the Plan Commission fo r recommendation to the Village Board, and then to the Village Board for determination. 6. No Nuisances, and Compliance with Applicable Laws. No use is hereby authorized unless the use is conducted in a lawful, orderly and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, the County of Milwaukee, the State of Wisconsin, the United States of America or other duly constituted authority, except only to 09/09/2025 VB Packet Page 54 of 71 2 the extent that it authorizes the use of the subject property above described in any specific respects described herein. This order shall not be deemed to constitute a building permit, nor shall this order constitute any other license or permit required by Village ordinance or other law. 7. Subject Property Only. This conditional use hereby authorized shall be confined to the Subject Property described, without extension or expansion other than as noted herein. 8. Abandonment. Should the permitted conditional use be abandoned in any manner, or discontinued in use for twelve (12) months, or continued other than in strict conformity with the conditions of the original approval, or should the Applicant be delinquent in payment of any monies due and owing to the Village, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional use may be terminated by action of the Village Board following receipt of a recommendation from the Plan Commission and after the Village Board holds a public hearing in the matter. 9. Amendments . Any change, addition, modification, alteration and/or amendment of any aspect of this conditional use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises (including but not limited to any change to the boundary limits of the Subject Property), structures, lands or owners, other than as specifically authorized herein, shall require a new permit and all procedures in place at the time must be followed. 10. Plan Amendments. Unless this conditional use permit expressly states otherwise, plans that are specifically required by this conditional use order may be amended (a) without separate approval in the limited circumstances described in Section 14.19(11) of the Village Code; or (b) by the Village Board upon receipt of a recommendation from the Plan Commission if the Village Board finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Village Board, in its sole discretion, finds to be substantial shall require a new permit, and all procedures in place at the time must be followed. 11. S everability. Should any paragraph or phrase of this conditional use permit be determined by a Court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use and the remainder shall continue in full force and effect. 12. Most Restrictive Applies . If any aspect of this conditional use permit or any aspect of any plan contemplated and approved under this conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive provision shall be controlling as determined by the Plan Commission. 13. Prior Conditional Use Permits Terminated . Unless stated otherwise herein or in the documents incorporated herein, all conditional use permits previously granted for the Subject Property, if any, shall be automatically terminated without further action of the Village Board immediately following full satisfaction of all condition’s precedent to this conditional use order taking effect. 14. Payment of fees. Applicant shall, on demand, reimburse the Village for all costs and expenses of any type that the Village incurs in connection with this conditional use order including the cost of professional services incurred by the Village (including engineering, legal, planning and other consulting fees) for the review and preparation of required documents or attendance at meetings or other related professional services for this application, as well as to enforce the conditions in this conditional use order due to a violation of these conditions. 15. Payment of Taxes and Charges. Any unpaid bills owed to the Village by the Subject Property Owner or his or her tenants, operators or occupants, for reimbursement of professional fees; or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Village; shall be placed upon the tax roll for the Subject Property if not paid within thirty (30) days of billing by the Village, pursuant to Section 66.0627, Wisconsin Statutes. Such unpaid bills also constitute a breach of the requirements of this conditional use order, that is subject to all remedies available to the Village, including possible cause for termination of the conditional use order. 16. Conditions Shown in Minutes Incorporated. All conditions of approval imposed by duly adopted motion of the Village Board in its consideration of the Applicant’s application, as noted in the 09/09/2025 VB Packet Page 55 of 71 3 Minutes of the Village Board meeting at which approval was granted, are specifically incorporated herein by reference. 17. The Applicant is obligated to file with the Village Clerk a current mailing address and current phone number at which the Applicant can be reached, which must be continually updated by the Applicant if such contact information should change, for the duration of this conditional use. If the Applicant fails to maintain such current contact information the Applicant thereby automatically waives notice of any proceedings that may be commenced under this conditional approval, including proceedings to terminate this conditional use. 09/09/2025 VB Packet Page 56 of 71 4 Let copies of this order be filed in the permanent records of the Village Board for the Village of Fox Point, and let copies be sent to the proper Village of Fox Point authorities and the Applicant and Owner. Signed this _____ day of ______________, 2025, nunc pro tunc the _______ day of ________________, 2025. BY THE FOX POINT VILLAGE BOARD: Christine Symchych, Village President Attest: Sara A Bruckman, CMC/WCMC, Village Clerk/Treasurer APPROVAL I hereby approve the issuance of this Conditional Use Permit to the Applicant on the terms and conditions described herein. Dated this day of , 2024. SUBJECT PROPERTY OWNER ____________________________ By:__________________________________________________ Authorized Signatory Title: ________________________________________________ ACCEPTANCE I hereby accept the terms and conditions of this Conditional Use in its entirety. Dated this da y of , 2024. APPLICANT: By: __________________________________________________ Authorized Signatory Title: ___________________________ 09/09/2025 VB Packet Page 57 of 71 VILLAGE OF FOX POINT MILWAUKEE COUNTY WISCONSIN VILLAGE HALL 7200 N. SANTA MONICA BLVD. FOX POINT WI 53217-3505 414-351-8900 FAX 414-351-8909 To: Plan Commission From: Kevin Ausman, Assistant Village Manager CC: Chief Chris Freedy, Acting Village Manager Scott Brandmeier, DPW Director Date: September 2, 2025 Re: Billy Goat Roofing - CUP Overview Billy Goat Roofing, a licensed dwelling contractor, has applied for conditional use approval to establish a trade office and indoor storage space at 8035 N Port Washington Road (former Logan Productions building). The application under Section 745-18 would allow for contractor administrative offices, tool and vehicle storage, and related business operations within the D Business District. Background The Logan Productions building has been vacant and for sale for some time. The D Business District, Section 745-18, allows for both permitted and conditional uses within the boundaries of the district. Request The applicant is proposing the following: • A contractor’s office for sales, administrative, and management staff. • Indoor storage of tools and surplus roofing materials not returned to vendors. • Parking for pickup trucks, primarily stored indoors with some in outdoor stalls. • No outdoor material storage, as confirmed in writing by the applicant. Under Section 745-18(C)(4), offices of licensed trade professionals are a permitted use by right in the D Business District. Billy Goat Roofing holds a Wisconsin Dwelling Contractor license, making the office component compliant as a permitted use. However, the accessory functions of indoor storage of materials and storage of work vehicles, extend beyond the scope of a “professional office” and require conditional use approval under the following: • §745-18(D)(1)(i): Retail and service stores – for service-related business operations. • §745-18(D)(1)(o): Substantially similar uses – for contractor-related storage and operations not explicitly listed. 09/09/2025 VB Packet Page 58 of 71 Outdoor storage is prohibited unless expressly permitted by the Plan Commission and Village Board under §745-18(F)(6), (F)(9). The applicant has confirmed there will be no outdoor storage of materials or equipment. Plan Commission Review Staff recommends that the Plan Commission discuss the following with the applicant: Confirmation of Storage and Work Vehicles • Applicant has stated that all material storage will be indoors. Materials are delivered directly to jobsites and excess materials would return the storage area. • Work trucks will be stored indoors in the shop where possible, with some in outdoor parking stalls. • Applicant confirmed vehicles are not equipped with backup beepers, reducing noise concerns. Parking Requirements The applicant has not supplied a parking plan. Per Section 745-18(F)(7), this project requires 5 parking stalls per 1,000 sq ft of office space. The submitted application details the site containing 14,512 square feet but does not identify office space versus storage space. • Staff have determined a total of 12 employees (5 sales members, 2 production managers, 3 administrative members, and 2 management members) based on conversation with the applicant. o However, the applicant has stated that only 3 employees are regularly present at the office as most employees are off-site at job sites; and that no more than 10 parking spaces would be used. • Staff have identified the possibility for 15-20 parking spaces in previous applications for this property (depending on size of stalls). Given that there appears to be plenty of parking for employees and possible visitors, Staff recommends that the Plan Commission discuss justifications for reduction in parking with the applicant. Should the Plan Commission feel comfortable with a parking reduction, Staff recommends conditioning the approval with submittal of a formal parking plan, subject to review by the Village Engineer prior to issuance of the CUP. If a parking reduction is not recommended by the Plan Commission, tabling the item until a subsequent meeting until a parking plan is submitted, would be necessary. Neighborhood Compatibility • Confirm hours of operation to ensure residential compatibility. o Stated hours of operation in the application are Monday-Saturday, 7AM-7PM. • Ensure garbage and recycling containers are screened per code. • The applicant has stated intention to lease a portion of the building in the future. o Any proposed tenants or changes in use require a separate CUP. Lighting The Municipal Code also requires a lighting plan which has not been submitted. Under 670-49 and subsequent sections, CUP applications must be reviewed for new and existing lighting to determine whether a site meets code. The applicant has stated that no external modifications would be made to the building. It is the determination of the Village Engineer that a lighting plan showing existing fixtures must be submitted in order to determine whether alterations will be required to meet current code. 09/09/2025 VB Packet Page 59 of 71 Staff recommends that a lighting plan be submitted and conditioning approval with a lighting plan that meets the requirements of the Municipal Code, subject to review by the Village Engineer prior to issuance of the CUP. Recommendation Should the Plan Commission feel comfortable with the proposed use, Staff recommends that the Plan Commission recommend that the Village Board approve the conditional use request (following a mandatory public hearing) subject to the following conditions: 1. All tools, materials, and equipment must be stored indoors. No outdoor storage of materials, equipment, or trailers is permitted. 2. Vehicle parking limited to pickup trucks. No semi-truck or trailer storage is allowed on site. 3. Applicant must submit and maintain a parking plan identifying stalls for employees, clients, and company vehicles. Fleet parking may not interfere with required customer/employee parking. A parking reduction may be allowed from the requirements of Section 745-18(F)(7) subject to approval of the Village Engineer. Any overflow or future demand must be met on the site. 4. Applicant must submit a lighting plan subject to review and approval of the Village Engineer 5. Hours of operation limited to 7:00 AM – 7:00 PM, Monday through Saturday, including any outdoor vehicle activity. No idling of vehicles overnight. 6. Refuse containers must be fully screened in compliance with §745-18(F)(6). 7. Any additional tenant must be separately reviewed for compliance with §745-18. 8. Any exterior modifications to the site (landscaping, parking lot, lighting, signage) require site plan approval by the Village Board under §745-18(E). 09/09/2025 VB Packet Page 60 of 71 09/09/2025 VB Packet Page 61 of 71 09/09/2025 VB Packet Page 62 of 71 09/09/2025 VB Packet Page 63 of 71 09/09/2025 VB Packet Page 64 of 71 09/09/2025 VB Packet Page 65 of 71 1 Kevin Ausman From: Billy Goat <thebillygoatoffice@gmail.com> Sent: Monday, August 25, 2025 8:07 AM To: Kevin Ausman Subject: Re: Further Explanation Follow Up Flag: Follow up Flag Status: Flagged Good Morning Kevin, I replied to your last email on Wednesday August 20th. Incase it did not come through I copy and pasted it into this email as well. 1. Yes we are licensed in the state of Wisconsin as Dwelling contractors. 2a. I can confirm that there will be no outdoor storage of materials. When we get materials our vendor delivers them directly to the jobsite. The materials are delivered to job sites via semi trucks 2b. As for vehicle storage; the only vehicles that will be stored will be trucks that are not in use. We intend to store those vehicles in the shop area with maybe leaving one or two in parking spots outside. The vehicles are NOT equipped with reverse beepers/alarms. 3. When it comes to parking, each of our employees are not at the office daily. The most people that will be at the building on a daily basis is 3 employees. We intend to have the employees that are in the office on a daily basis park in front of the garage doors. As for clients that need to come into the building we plan to designate parking for them near the front door so they have easy access. If we need to we will have additional parking at the edge of the parking lot where no entrances to our building will be blocked. I hope that's an okay explanation. If there is more needed please don't hesitate to reach out! Thank you, Hannah Beyer Office Manager On Mon, Aug 25, 2025 at 8:05 AM Kevin Ausman <kausman@villageoffoxpoint.com> wrote: Good morning Hannah: Following up from last week. We are working on our staff reports and intend to get the agenda out on Wednesday. I will need responses no later than tomorrow in order to get the agenda packet completed on time due to the holiday weekend. Thanks. Let me know if you have any questions. 09/09/2025 VB Packet Page 66 of 71 2 Respectfully, Kevin Ausman Assistant Village Manager Village of Fox Point 414.351.8900 From: Billy Goat <thebillygoatoffice@gmail.com> Sent: Wednesday, August 20, 2025 1:22 PM To: Kevin Ausman <kausman@villageoffoxpoint.com> Subject: Re: Further Explanation Thank you Kevin. I will connect with Dom regarding these few things and get back to you with an answer! Thanks! Hannah On Wed, Aug 20, 2025 at 1:19 PM Kevin Ausman <kausman@villageoffoxpoint.com> wrote: Hannah: Thank you for following up. I have a few questions as I prepare you application for Plan Commission. 09/09/2025 VB Packet Page 67 of 71 3 1. Is Billy Goat licensed by the state of Wisconsin and if so, which licenses? a. Our code specifically identifies “Offices of trade and professions licensed by a governmental agency… trade offices are the use of a tenant space or building by an electrician, plumber, carpenter or person in a similar building or construction trade that provides licensed services off site within the Village and its environs” for the D Business District. 2. Storage a. Can you confirm that there will be no outdoor storage of materials? When materials are delivered, what is the method of delivery (i.e. semi vs box truck vs pickup)? b. How many vehicles will be stored indoors and outdoors? Are vehicles equipped with reverse alarms/beepers? 3. The property will require a parking plan. My count of employees in your email is 12, with an additional hiring of 1-2 employees. Taken together with parking of work vehicles and possible clients visiting the site, a parking plan will be required for the CUP. As to the PC and VB appearances; it is absolutely permissible for you to attend. A representative is required but that representative is up to you to decide. Let me know if you have any other questions. Respectfully, Kevin Ausman Assistant Village Manager Village of Fox Point 414.351.8900 09/09/2025 VB Packet Page 68 of 71 4 From: Billy Goat <thebillygoatoffice@gmail.com> Sent: Tuesday, August 19, 2025 11:01 AM To: Kevin Ausman <kausman@villageoffoxpoint.com> Subject: Further Explanation Good Morning Kevin, I hope I explain this well. Please let me know if anything else needs to be added. What we intend to use the building for: We at Billy Goat Roofing are looking to occupy the building at 8035 N Port Washington Rd. Within the last few years of being in business we have grown exponentially. Along with growing our revenue, our team has grown. We currently have 5 sales members (with plans to hire 1 or 2 more in the upcoming year), 2 production managers (with plans to hire at least one more for the upcoming year), 3 administrative members, and 2 management members. Currently we are outgrowing our office space that we currently rent in a coworking space. Upon the talks of expansion we have come to the conclusion that we will be adding desks for each sales member equipped with computers for them to complete their day to day operations that used to have to be done in their work vehicles. At this time we have roughly 9 trucks in our vehicle fleet with plans to store them both inside the shop as well as in the parking lot should space allow. We intend to use the shop for storing our access roofing materials that can not be returned to our vendor. Our vendor (ABC Supply) drops our materials that we order at our job sites and once a job is completed they come to collect any access materials that have not been partially used. The partially used materials then will come back to the shop as a portion of our surplus that we are able to then use on other jobs when needed in a pinch. As of this moment, we do NOT have any plans to expand the building with an addition or make any large changes to the building. We do plan to lease the portions of the building that we are not using, however we will not know how large that portion is until we move ourselves in and see what is left for workable space. We intend to use this building solely for commercial functions such as operating our business and renting o ut office space to other companies that may be in need. 09/09/2025 VB Packet Page 69 of 71 5 Also, I did have a question. Dom is wondering if I am able to go to the board meetings instead of him to answer questions. Is that allowed or does he still need to be present. Thank you, and please let me know if I need to add anything! Hannah Beyer Office Manager 09/09/2025 VB Packet Page 70 of 71 1 Kevin Ausman From: Beth Logan <beth@loganproductions.com> Sent: Friday, August 15, 2025 2:03 PM To: Kevin Ausman Cc: Jim Logan; Will Klumb Subject: Occupancy permit approval for Dominic Fazio Hi Kevin, Jim and I give Dominic Fazio permission to apply for an occupancy permit to purchase our building. Is there any other approvals that you need from us? Thanks, Beth Beth Logan 414-870-3424 09/09/2025 VB Packet Page 71 of 71