The meeting was called to order by Village President Margaret Jaberg at 7:30 P.M.

Present: Village President Margaret Jaberg, Trustee Yvonne Nealy, Susan Bellehumeur, Debra Falk, Carl Krueger, Jim McGuigan, John Raffensperger, Jerry Schmitz

Also Present: Russell Van Gompel, Village Manager; Mary Kay Buratto, Community Development Director; William Dineen, Village Attorney; Trustee Susan Schneider, Trustee Robert Moranski

Excused: Trustee Tim Schilz

D’Ann Malloy, 8942 North Silver Brook Lane, expressed her opinion regarding the denial of a Conditional Use Permit to Sentry Foods for a Fuel Center. She believes the condition of the Sentry property is deteriorating and that something should be done to improve the image of the property. The image of the property will not improve with the installation of a fuel station.

Mary Kay Buratto announced that she had attended a seminar entitled, "Land Use Law Update in Wisconsin", a continuing education seminar presented by several Wisconsin attorneys through the National Business Institute.

Mary Kay Buratto introduced Brian McFadden, Pre-Construction Development Services, and Heidi Waller and Joe Mentzer of Northern Environmental, Inc. She reviewed the application and Fleming’s previous meeting with the Plan Commission in June at which Fleming’s request for concept plan approval was reviewed and denied. Ms. Buratto stated that after Fleming made formal application for a conditional use permit, Village Staff met with the representatives of the applicant to review their site plan and provide recommendations, all of which were incorporated in the revised site plan. The site plan was then forwarded to Ayres and Associates, our consulting engineers, for review. Recommendations from Ayres were also incorporated into the site plan presented to the Plan Commission. Attorney Dineen reminded the Plan Commission that their role is to review the proposal and make recommendations regarding the petition for a conditional use permit to the Village Board. The Village Board has the authority to approve or deny a Conditional Use Permit.

Brian McFadden made a presentation outlining the project which reflects the hyper-market concept of combining various services including fuel sales as a part of the supermarket shopping experience. He stated that the hyper-market concept has been successful for Fleming and well received by their customers in several western states. Mr. McFadden stated that he felt the current proposal incorporated the concerns of Village staff and that the site will be aesthetically pleasing and safe. The site plan incorporated several changes to access from Brown Deer Road and internal traffic circulation, including an increase in the turning radius at the entrance at 64^th Street, a right–turn-only lane, an increased turning radius on the internal driveway, restricted access from the entrance west of the Drug Emporium, an increased turning radius on the Park Plaza service drive, additional landscaping to the interior parking lot and a landscaped area along the Brown Deer Road frontage. The draft conditional use permit prepared by Mary Kay Buratto prohibits the sale or outside storage of equipment and merchandise at the fuel center. The draft permit also listed a number of other conditions including limited hours of operation.

Commissioners reviewed the proposal and discussed concerns about safety related to internal traffic circulation, due to cross traffic from adjacent retail sites and the potential conflict with motorists entering or leaving the fuel center. Commissioners also asked questions and expressed concern about the number of parking spaces, green space, fire safety and prevention, and site security measures. There was additional discussion on whether or not the sale of fuel outside the grocery store was prohibited by the zoning code, the proposed hours of operation and if vending machines would be allowed at the fuel center. The Village President expressed a concern that the proposed landscaping did not meet the standards adopted by the Beautification Committee. The applicant and staff addressed the Commissioners’ questions. Mary Kay Buratto stated that the draft conditional use permit restricts the hours of operation to the approved hours of operation for the store.

Trustee Nealy questioned the amount of tax revenue generated from the project. Russell Van Gompel will provide that information to the Village Board at the August 20, 2001 Village Board meeting. The Village President asked what would be provided for on-site traffic signage. The applicant will install traffic control signs on-site as required. At the request of the Village’s consulting engineer, Fleming will also install a sign prohibiting truck access to the driveway west of the Drug Emporium. The Village President expressed a concern about cross traffic between the proposed fuel center and the retail sites to the east and west. She suggested that additional traffic signals be installed.

Commissioners discussed limiting fuel deliveries to off peak times of the day. The Village President stated that she believes that Fleming should provide the Village with a letter of credit to cover the cost of any site-remediation required in the future. Mary Kay Buratto provided Commissioners with citations from COMM 10, the Department of Commerce’s administrative rule regulating underground storage tanks (UST’s) for petroleum. COMM 10 requires that operators of UST’s shall provide annual assurances, using one or more approved methods, in the amount of $1,000,000 to cover remediation.

The Village President, referring to a letter from Brian McFadden which accompanied the submittal, took exception to what she perceived to be sexist comments about the high use of the facility by women and mothers of young children and how this type of facility provided a safer experience for these customers. Commissioner McGuigan also expressed concern about internal safety due to the conflicts on the site with cross traffic. He believes that the site plan does not address how people drive across the parking lot and does not provide for safe traffic movement. Commissioner Raffensperger believed that the site plan addresses some turning concerns and that the property is underutilized. Mr. Krueger opined that a fuel center would not work on Brown Deer Road. Commissioner Schmitz questioned whether it would be possible for Fleming to stick to the restrictions placed on the delivery of fuel.

Marc Vaccaro made a presentation of the development of the Commerce Center of Brown Deer and the history of the site. Discussed the recent economic failures leading to the vacancy at the site. A number of prospective tenants have come close to leasing space, however, for various reasons, none of the transactions have been completed. He stated that the two conditional uses proposed for the Center, which are being reviewed by the Plan Commission this evening, are the type of service commercial uses that would attract the office uses desired for the west end of the Center. Mr. Vaccaro apologized for not taking the time to update the Plan Commission sooner, but he plans to be back with updates more frequently in the future.

Mr. Tom Richter of the Inland Companies stated that the smaller service commercial proposals before the Plan Commission for consideration this evening would attract the larger users of office space desired for this facility. Commissioners asked questions about the franchise, the market area and the operations. Commissioner Schmitz inquired if the staff is trained for medical emergencies. The owner of the franchise, Marilyn Torrelson, answered that the on-duty manager is trained in CPR only. She also stated that the market area for the facility was Brown Deer and a 2 to 3 mile radius. She would advertise at the senior housing developments on Bradley Road. This is one of many franchises in the area. Others were in Thiensville, Cedarburg and Port Washington to name a few. The facility is for women exclusively and membership costs include a $49 registration fee and a monthly fee of either $29 or $39 a month for full use of the facility. There needs to be only one person per shift because the machines are easy to use and are low impact. Commissioner McGuigan agreed that this use could attract a larger office type user to the facility.

It was moved by Commissioner McGuigan and seconded by Commissioner Falk to recommend approval of the conditional use permit with a change in the hours of operation to Sunday through Saturday, 6:00 a.m. to 10:00 p.m. Trustee Nealy questioned if the hours of operation were long enough. Marilyn Torrelson stated that initially those are the hours she will operate the facility. Village President Margaret Jaberg asked that the conditional use permit reflect the correct address of the facility, which is 4327 West Bradley Road to ensure that the conditional use applies to only that storefront and not the entire center. The motion carried unanimously.

Mr. Tom Richter provided a brief overview of the proposed child daycare facility and operations. Hospitality Day Care will be the child day care provider. The business, which is owned by Kenyatta and Ken Johnson, must meet all of the regulations in the Administrative Code for the State Department of Health and Family Services Division of Children and Family Services, HFS 46. Ms. Johnson is currently licensed with the State as a child care provider and has owned a licensed day care facility for four years. In that time, her day care facility has received no notice of any violation to the State Code.

Commissioners discussed access from the indoor facility to the outdoor play area, which is proposed to be from the north side of the building. The proposed hours of operation are 6:00 a.m. to 7:30 p.m. Commissioner Falk asked if the area from the parking lot to the sidewalk was handicap accessible, specifically for wheel chair access. Mr. Richter stated that there is no wheel chair ramp there now and he will check into the ADA accessibility requirements for access to the building.

Commissioners also asked about playground equipment, the need for a sink to aid in food preparation, the age range of the children at the facility, and the programs and activities offered to the children. Mary Kay Buratto and Tom Richter explained that many of these issues are addressed in HFS 46 and are part of the state licensing requirements. Commissioner McGuigan asked if a water bubbler could be placed within the center for the children. Mr. Richter answered that it could be worked out. Commissioners also directed Mary Kay Buratto to review the use and the site with a representative of the North Shore Fire Department and the Police Department to look at traffic safety and other issues, specifically, the location and size of a marked drop-off as close to the door as possible, and a pick-up drop-off place for the school buses.

Russell Van Gompel, Village Manager