BROWN DEER PLANNING COMMISSION

OCTOBER 8, 2001 MEETING MINUTES

HELD AT THE BROWN DEER VILLAGE HALL

4800 WEST GREEN BROOK DRIVE

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

I. ROLL CALL

Present: Village President Margaret Jaberg, Trustees Yvonne Nealy, Tim Schilz Commissioners Debra Falk, Carl Krueger, John Raffensperger, and Jerry Schmitz

Also Present: Russell Van Gompel, Village Manager and Mary Kay Buratto, Community Development Director, Trustee Bob Moranski, Trustee Jeff Baker

Excused: Commissioners Susan Bellehumeur and Jim McGuigan

II. PERSONS DESIRING TO BE HEARD

Mr. Jim Marks, owner of the River Lane Inn at 4313 West River Lane, spoke in favor of the parking lot but expressed a concern with stormwater management and how the site would address stormwater runoff. Ms. Buratto explained that the site complies with the recently adopted stormwater management ordinance and that the site would be served by an underground stormwater piping system. The system is designed to limit runoff, which would be retained on site when needed.

III. CONSIDERATION OF MINUTES: September 10, 2001 Regular Meeting

It was moved by Trustee Nealy and seconded by Commissioner Raffensperger to approve the minutes, as amended. Motion carried unanimously (abstained Trustee Schilz, Commissioners Falk and Schmitz).

IV. REPORT OF STAFF/COMMISSION MEMBERS

None.

V. UNFINISHED BUSINESS

A) Consider Recommending An Amendment to Chapter 10-10.06 Plan Commission Jurisdiction.

This item was moved for consideration after New Business.

VI. NEW BUSINESS

A) Consider Recommending An Amendment to the Planned Development Plan and Agreement for Continental Bank for a Parking Lot Addition at 4335-37 West River Lane, Zoned Original Village Planned Development.

Ms. Buratto reviewed her October 2, 2001 memorandum and noted the changes to the landscaping plan. Commissioner Raffensperger questioned the ownership of the parcel. Mr. Jim Podewils of Continental Bank responded that the property was owned by Continental Bank. The commissioners also questioned the parking on the existing site and the expanded use which necessitate the additional parking. The Commissioners also discussed the need for a marked street crossing. Concerns were raised about pedestrians traveling along the street right of way. Mr. Podewils noted that primarily employees would use this site, and that parking adjacent to the building would be utilized by customers. The Commissioners also discussed how the site would address the issues of stormwater runoff. It was noted that the site would be served by the underground storm sewer system.

Trustee Schilz suggested that a public hearing be held to solicit comments on the proposed change in the land use of the property. The Commissioners discussed lighting for the parking lot and inquired if it would be consistent with the lighting in the parking area adjacent to the building. Mr. Podewils responded that it would be consistent with the existing lighting. The issue of crossing River Lane was discussed. The concern expressed regarding pedestrian crossing will be forwarded to the Police Department for their review.

It was moved by Commissioner Raffensperger and seconded by Commissioner Schmitz to schedule a public hearing for November 12, 2001 to consider the amendment to the Continental Bank Planned Development Agreement. The motion carried 6 –1 (opposed Commissioner Krueger).

B) Consider Recommending An Amendment to the Municipal Code, Volume 1, Section 2-7.03 "Jurisdiction"

Ms. Buratto reviewed her October 3, 2001 report and provided some explanation to the request. The Commissioners discussed changes to the purpose of the Planning Commission. Village President Jaberg questioned the authority to review subdivisions. Ms Buratto responded that the authority to review subdivisions is included under the Subdivision Code. Trustee Schilz questioned if the Commission should be referred as the Plan Commission or Planning Commission. The Plan Commission is the term included in the State Statute. The Commission discussed the inclusion of "may recommend to the Village President and the Board of Trustees, programs for public improvements and the financing thereof." The Commission felt comfortable since it included "may".

It was moved by Commissioner Raffensperger and seconded by Commissioner Falk to recommend the amendment to Section 2-7.03 of Volume 1 of the Municipal Code. Motion carried unanimously.

C) Consider Recommending the Repeal and Recreation of Section 1-1.01 and the Creation of Section 1-1.08 of the Zoning Code "General Requirements"

The Commissioners discussed the definition and use of the terms "health, safety, and welfare". Ms Buratto also commented that the changes will be reviewed by the Village Attorney.

It was moved by Commissioner Raffensperger and seconded by Commissioner Krueger to recommend the repeal and recreation of Section 1-1.01 and the creation of section 1-1.08 of the Zoning Code. Motion carried unanimously.

V. UNFINISHED BUSINESS

A) Consider Recommending An Amendment to Chapter 10-10.06 Plan Commission Jurisdiction.

Village President Jaberg noted that Subsection (b) of the ordinance should include a description of the Plan Commission’s role on the Conditional Use Permit process. In addition, the proposed ordinance should include language regarding Planned Developments. The Commissioners also discussed the role of the Plan Commission and which items will be referred to the Commission for review.

It was moved by Commissioner Raffensperger and seconded by Trustee Nealy to recommend the repeal and recreation of Section 10-10.06 of the Zoning Code as revised. Motion carried unanimously

VII. ADJOURNMENT

It was moved by Commissioner Raffensperger and seconded by Commissioner Krueger to adjourn at 9:30 P.M. The motion carried unanimously

Russell Van Gompel, Village Manager