Village President Duane Wolfgram called the meeting to order at 7:30 p.m.

2. PERSONS DESIRING TO BE HEARD

President Wolfgram presented Certificates of Appreciation to Commissioners Jerry Schmitz and Susan Bellehumeur for their service on the Village Plan Commission. The two Commissioners had not been able to attend the appreciation dinner hosted by the Village in February for volunteers. President Wolfgram personally thanked them for their service.

President Wolfgram informed Commissioners that this was his last Plan Commission meeting. He wanted Commissioners to know that in the last days of the campaign for Village President, certain individuals distributed literature impugning the integrity of the Plan Commission. Specifically, the author of the information attacked the Plan Commission’s recommendation to the Village Board to hold a public hearing on the proposed Brisben proposal. President Wolfgram wanted to assure the public that he believed that Commissioners acted honorably, doing what was required by law even though many personally did not want to see the development approved.

Mr. Van Gompel reminded those Commissioners up for reappointment to fill out the short preference survey sent out by Assistant Village Manager Todd Schmidt. The purpose of the survey is to afford Commissioners the opportunity to note if they are interested in continuing to serve on the Plan Commission or if they are interested in serving on a different Village committee or board. He asked those Commissioners who received the survey to fill them out and return them to Todd as soon as possible. The information gathered on the surveys will help in making recommendations on appointments at the May meeting.

Mary Kay called Commissioners’ attention to the packets she set at their places prior to the meeting. She has prepared Plan Commission applications for various types of development review and has created a list of submittal requirements. On a separate sheet she has listed the meeting dates, submittal deadlines and the number of copies of submittal materials for appearances before the Plan Commission, Village Board, Building Board and Beautification Committee. Application packets will be given to those presenting development proposals for Village review. Next month she will prepare a schedule of application review fees for the Plan Commission to review and recommend to the Village Board for adoption.

Commissioner McGuigan asked Mary Kay to add "photographs of the existing site and any existing buildings or structures on the site" to her list of materials to be submitted. Mary Kay agreed to add this requirement.

Mary Kay explained to Commissioners that because JDN, Inc. recently discovered that the north and south parcels cannot be combined, the CSM approved in January of 2001 needs to be rescinded. A new CSM showing the property as three separate parcels can then be approved. The new CSM, which is a re-division of CSM 5655, differs from that CSM in the location of the property line between the north and south parcels. The property line runs on a straight line from east to west so that the proposed expansion of the in-line center lies entirely within the south parcel. Mary Kay recommended that the face of the new CSM should have wording that prohibits the separate sale of the parcels. The reason is that the reduced parking is for the entire site and is not apportioned to either parcel.

Commissioner Raffensperger asked if it were legal to prohibit the separate sale of the parcels and if so, should it be shown on the CSM. Attorney Dineen responded that if the owners agreed to the prohibition, it was legal. He stated that staff has asked that wording prohibiting the separate sale of the parcels be added to the development agreement. Attorney Dineen asked attorney Deborah Tomczyk, who represented JDN, Inc. at the meeting, if her client would accept such language and she responded that she believed it would not be a problem. Attorney Dineen asked Mary Kay why she preferred that the wording be added to the face of the CSM. Mary Kay responded that the CSM is usually the first item one looks at when researching a property. Attorney Dineen had no problem with the wording being included on the face of the CSM as well as in the development agreement.

Attorney Tomczyk stated that for assessment purposes, JDN, Inc. would like the parcels to have separate tax key numbers if possible. Mary Kay will check into this.

Mary Kay explained that Guaranty needed additional parking for their employees and were seeking approval of 75 more parking spaces than are currently available on the site. When the site received initial approval in the late 1970s, 328 parking spaces were approved. The building was built 15 feet further west than is shown on the approved site plan, and this resulted in the loss of 48 spaces. Therefore the request is for 47 more spaces than were initially approved.

Commissioners expressed their concern about the loss of green space and the impact on stormwater runoff from the site. Mary Kay explained the requirements for a stormwater management plan. Commissioner Bellehumer questioned the arrangements for snow removal. Snow will be stored along the property lines in the limited green space, and if necessary will be trucked from the site. Trustee Krueger questioned runoff from the JDN property along with this property and emergency access to the building and the site. Mr. Van Gompel responded that run off from the JDN property will flow along Green Bay Road to Brown Deer Road and then proceed to the river. Runoff from this site will be joined with runoff from the JDN property and this necessitates the stormwater plan development. As far as emergency access, the site allows for emergency access to the building and access throughout the site. Commissioner Bellehumer questioned if this expansion meets the needs of Guaranty Bank. The Bank was originally looking to add approximately 30 spaces. This plan would create some 40 or more access parking stalls beyond what is needed at this time.

Mary Kay explained that the Planning Commission has the flexibility to establish controls over area and bulk requirements in Planned Development Districts. The proposed ordinance will authorize the Planning Commission to establish parking requirements in Planned Development Districts.

Russell Van Gompel, Village Manager