BROWN DEER VILLAGE BOARD
SEPTEMBER 18, 2000 MEETING MINUTES
HELD AT THE BROWN DEER VILLAGE HALL
4800 WEST GREEN BROOK DRIVE
The meeting was called to order by President Wolfgram at 7:30 P.M.
I. Roll Call
Present: Village President Wolfgram, Trustees: Krueger, Moranski, Nealy, Schilz, Schneider
Excused: Trustee Kundinger
Also Present: Todd Schmidt, Assistant Village Manager; William Dineen, Village Attorney
II. Persons Desiring to be Heard
Edgar Hennig (6278 West Villa Lane) expressed concerns about the proposed Brisben development, noting that basement facilities should be included in the project. Mr. Hennig asked that he be sent a copy of the Board agenda and minutes prior to each Board meeting.
Margaret Jaberg (9043 North Park Plaza Court) appeared representing the Park Plaza Condominium Owners Association. She noted that the association has retained the law firm of Fuchs, Snow & Destefanis, s.c., to represent the association’s concerns and interests with regards to the Brisben proposal. She voiced the concerns of the association, including lighting, location of facilities, ADA compliance, parking, traffic, landscaping, and rubbish removal. She asked that the DNR complete a soil analysis of the site and consider the possibility of wetlands at the site. She noted that a petition is currently being circulated to require a supermajority vote of the Village Board on the item of the Conditional Use Permit for Brisben. She asked that the Village Attorney consider the legalities of a supermajority vote and petition.
Ermina Crabb (3528 West Bradley Road) discussed concerns regarding garbage removal, yard waste collection on the week of July 4th, condition of her neighbors yards, quantity of churches in the Village, cars permitted on residential properties, and number of families allowed in single family homes. Ms. Crabb expressed her appreciation for the Village efforts to remove illegally placed rummage sale signs.
III. Status Report - Stormwater Improvements
Mr. Schmidt reported site preparation is beginning on the detention pond between the Library and High School. He discussed the status of Operation Flood Fix.
IV. Consideration of Minutes: September 5, 2000 Regular Meeting
It was moved by Trustee Nealy and seconded by Trustee Moranski to approve the September 5, 2000 regular meeting minutes. The motion carried unanimously.
V. Committee Reports
A) Building Board - Trustee Moranski
No action required.
B) Park and Recreation - Trustee Schilz
No action required.
C) Traffic and Public Safety - Trustee Nealy
No action required.
D) Library Board - Trustee Nealy
No action required.
E) Planning Commission - Village President Wolfgram
1) Reschedule the Pubic Hearing for a Conditional Use Permit for International House of Pancakes (IHOP) at 5300 West Brown Deer Road to October 9, 2000
It was moved by President Wolfgram and seconded by Trustee Krueger to reschedule a public hearing for Monday, October 9, 2000 on the request of a conditional use permit. The motion carried unanimously.
2) Ordinance No. 00-, "Adding "Before and After School Programs" as an accessory use for churches, chapels, or synagogues as a Conditional Permitted Use in the R-1 Residential District"
It was moved by President Wolfgram and seconded by Trustee Nealy not to adopt Ordinance No. 00-, "Adding "Before and After School Programs" as an accessory use for churches, chapels, or synagogues as a Conditional Permitted Use in the R-1 Residential District". The motion carried unanimously.
3) Resolution No. 00-, "In the Matter of Granting a Conditional Use Permit for an "After School Program" to St. Martin’s Church located at 8401 North 60th Street in the R-2 Residential Zoning District"
It was moved by President Wolfgram and seconded by Trustee Moranski not to adopt Resolution No. 00-, "In the Matter of Granting a Conditional Use Permit for an "After School Program" to St. Martin’s Church located at 8401 North 60th Street in the R-2 Residential Zoning District". President Wolfgram noted that, after speaking with School Superintendent Bruce Connolly and Peggy Vinson of the YMCA regarding this proposal, the School District and YMCA will assist in finding a location for the after school program at an alternative facility which will not require Village approval. The motion carried unanimously.
F) Finance/Public Works - Trustee Schneider
1) Consideration of Vouchers
It was moved by Trustee Schneider and seconded by Trustee Moranski to approve for payment Check Numbers 28056 to 28095 and Check Numbers 28176 to 28302 in the amount of $392,824.67, and to ratify for payment, invoices due on or before September 18, 2000, in the amount of $53,953.13, aggregating a total amount of $446,777.80. The motion carried unanimously.
VI. Unfinished Business
None.
VII. New Business
A) Resolution No. 00-, "A Resolution Authorizing the Village of Brown Deer to Borrow the sum of $550,000 by Issuing Taxable General Obligation Promissory Notes Pursuant to Section 67.12(12) of the Wisconsin Statutes and Authorizing the Sale of the Notes"
Mr. Schmidt reported that the borrowing is for the purpose of assisting in the financing of improvements as detailed in the Redevelopment Plan for the Commerce Center of Brown Deer, formerly the Bradley Village Shopping Center. He noted that repayment of the debt will be provided from the tax increment revenue generated by the parcels in the TIF district.
Vincent Lyles, of Robert W. Baird Co., Inc., presented the actual financing proposal, provided a summary of the note issue, and detailed the debt service schedule.
President Wolfgram questioned that the payout of the note issue would not be until 2010, while the TIF district is proposed to be closed in 2006. He asked how the remaining financing costs after 2006 would be covered by the TIF. Mr. Lyles noted that the tax increment which is expected for the TIF would be sufficient to pay for the bond financing.
Trustee Schilz questioned the level of financing that is shared by the Village and NEVAC. He asked how the Village will monitor the use of the finance funds and track the cash flow. Ms. Kasza noted that negotiation are continuing between NEVAC and the Village for the preparation of a Development Agreement which will detail the use and maintenance of the financed funds. President Wolfgram noted that he is uncomfortable with the issues and remaining details.
It was moved by Trustee Schneider and seconded by Trustee Krueger to Resolution No. 00-. "Resolution Authorizing the Village of Brown Deer to Borrow the sum of $550,000 By Issuing Taxable General Obligation Promissory Notes Pursuant to Section 67.12(12) of the Wisconsin Statutes and Authorizing the Sale of the Notes." President Wolfgram and Trustees Krueger, Schilz, and Schneider expressed concerns regarding the unanswered financing and development agreement questions. Attorney Dineen asked Mr. Lyles what would happen if the resolution was not passed at this time. Mr. Lyles noted that there would be some cost and effort involved in determining the interest rates and securing investors. Mr. Schmidt noted that the use of the TIF funds for securing financing to complete improvements to the Shopping Center is an appropriate technique for enhancing the value of a TIF district. He added that the aggressive schedule and redevelopment plan of NEVAC and Mr. Vacarro may have led to the need for financing prior to the development agreement approval. The motion carried unanimously.
B) Digital Access Cable Television Franchise Ordinance
Mr. Schmidt reported that an amendment to the Cable Television Franchise Ordinance is recommended to allow for the granting of a new franchise to Digital Access Corporation. The Digital Access Corporation Agreement and the revision to the Ordinance was reviewed and negotiated with the Regional Telecommunication Commission. The Village Manager represents the Village of Brown Deer on the Commission. Attorney Dineen reported that the Village may consider the draft ordinance and use "short form" publication procedures to avoid expensive publishing costs.
President Wolfgram said he is interested in an agreement that requires the wires to be buried underground.
It was moved by Trustee Krueger and seconded by Trustee Schneider to direct that the draft ordinance be in a form prepared, printed, placed on file and open to public inspection in the Office of the Village Clerk for a period of not less than two weeks prior to Village Board action. The motion carried unanimously.
VIII. Committee Appointments - Water Commission
President Wolfgram recommended the re-appointment of Walter Baehr and Gerald Schwerm to 5-year terms on the Water Commission. Trustee Schilz expressed concern that Mr. Schwerm does not live in the Village. Attorney Dineen noted that, per Village ordinance, the Water Commissioners are not required to be Village residents.
It was moved by President Wolfgram and seconded by Trustee Moranski to approve the re-appointment of Walter Baehr and Gerald Schwerm to 5-year terms on the Water Commission. The motion carried 6-1, with Trustee Schilz opposed.
IX. Administrative Report
Mr. Schmidt reported that the Village Manager is currently attending the International City Management Association annual conference in Cincinnati.
X. Adjournment
It was moved by Trustee Schneider and seconded by Trustee Krueger to adjourn at 9:00 P.M. The motion carried unanimously.
Russell Van Gompel, Village Manager
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