BROWN DEER VILLAGE BOARD
AUGUST 6, 2001 MEETING MINUTES
HELD AT THE BROWN DEER VILLAGE HALL
4800 WEST GREEN BROOK DRIVE
The meeting was called to order by President Jaberg at 7:30 P.M.
I. Roll Call
Present: Village President Jaberg, Trustees: Baker, Kundinger, Moranski, Nealy, Schilz, Schneider
Excused: None.
Also Present: Russell Van Gompel, Village Manager; William Dineen, Village Attorney; Todd Schmidt, Assistant Village Manager; Jane Peterson, North Shore Health Department Director; Mary Kay Buratto, Community Development Director; Kathy Kasza, Treasurer/Comptroller; Larry Neitzel, Operations Superintendent
II. Pledge of Allegiance
III. Citizen Recognition - Chief Rinzel
Linda Ulezelski, representing the American Heart Association, congratulated Sonya Krohn and Joshua Lambro for their life saving efforts when they rescued a drowning victim at Royal Gardens Apartments on July 15th, 2001. Ms. Ulezelski discussed the importance and benefits of understanding CPR, and encouraged everyone to learn CPR.
Chief Rinzel presented Certificates of Commendation to Ms. Krohn and Mr. Lambro for their heroic efforts.
Chief Rinzel introduced Amelia Brooks, the drowning victim, and her mother, Kathrine Henderson.
IV. Public Hearing
A) In the Matter of a Conditional Permitted Use to Operate a Remodeling Contractor's Office and Shop at 7701 North Teutonia Avenue Zoned B-3 Commercial District
Steve Jeske, representing Haag Muller Architects, presented the proposed plans for the property. He discussed the proposed landscaping, structural and parking changes.
Toni Markiewicz (8237 North 44th Street) asked about the types of equipment that will be stored. Mr. Meldman said that the equipment will include ladders and related construction equipment. She noted that residents in the neighborhood are supportive of the project, noting that the traffic impact will not be significant.
Trustee Schneider asked about the hours of operation identified in the Conditional Use Permit. Mr. Meldman said that there will be occasional Saturday hours between 8:00 AM to 4:00 PM. Trustee Schneider suggested that Saturday hours be added to the Conditional Use Permit.
President Jaberg asked if adequate outdoor lighting is provided on the site and if the ADA accessible ramp will be installed. Mr. Jeske said that the lighting is adequate for security and working purposes, however the ramp will not be installed at this time because the building currently meets state ADA requirements. Trustee Baker asked how wheelchair bound individuals would access the building. Mr. Jeske said that assistance would be provided.
Trustee Schilz asked if the new property owner for the adjacent residential lot was notified. Ms. Buratto noted that the public notice was mailed to the adjacent property owner.
V. Persons Desiring to be Heard
John Raffensberger (5444 West Silverleaf Lane) appeared regarding the ditching in front of his house, and requested that the Village grant a special exemption to fill his ditch with a culvert pipe and soil. He expressed concerns regarding safety and aesthetics.
Trustee Schneider noted that no appeal process was included in the ditching policy. She noted that the policy was based on engineering standards to control stormwater drainage. Mr. Van Gompel indicated that this item is not on the agenda for this evening.
Clarence Bolton (9306 North 52nd Street) expressed concerns regarding the ditching at his property, noting that it is difficult for him to mow the culvert and retrieve his waste containers. He requested that a culvert pipe be installed.
Gene Malloy (8942 North Silverbrook Lane) asked if the Village Board is monitoring the status of the contract between local libraries and the Milwaukee County Federated Library System. He requested an update on dedicating a Village facility after former Village President Earl McGovern. Mr. Van Gompel noted that the Village has accepted the four year agreement with MCFLS. He noted that he received sample ordinances on dedicating municipal facilities and is in the process of preparing a report to the Village Board.
Darrell Smith (8175 North Green Bay Road) noted that he is considering a residential day care, however expressed concerns about the allowable business hours in the Village. He asked if it would be possible for exceptions to be made for day care businesses to have operating hours before 6:00 AM.
D’Ann Malloy (8942 North Silverbrook Lane) asked to be heard regarding the application for a Conditional Use Permit at 6300 West Brown Deer Road.
Shirley Spangenberg (5201 West Silverleaf Lane) expressed concerns regarding her ditching, and requested that a culvert pipe be installed.
Don Vilione, of Virchow, Krause and Company, presented the 2000 Comprehensive Annual Financial Report (CAFR). He highlighted the financial position of the Village over the past year. He said that the auditor's report indicates that the statements were presented fairly. He summarized the general fund equity, tax levies, utility operations and debt level since 1996. He credited the Village for receiving reporting awards from the state and national Governmental Finance Officers Associations. Trustee Schneider asked that the Administrative Services department consider implementing the recommendations made by the auditors.
VI. Consideration of Minutes: July 16, 2001 - Regular Meeting
It was moved by Trustee Kundinger and seconded by Trustee Schilz to approve the July 16, 2001 regular meeting minutes. The motion carried unanimously.
VII. Unfinished Business
A) Application for a Conditional Use Permit at 6300 West Brown Deer Road
Ms. Buratto reported that Attorney Dineen determined that a fuel station is a conditional permitted use according to the zoning ordinance. She noted that the Village Board is requested to refer this item to the Plan Commission for further review. The Plan Commission will consider the item and may recommend that the Village Board schedule a public hearing. President Jaberg asked when a draft conditional use permit would be presented. Ms. Buratto noted that the Plan Commission would consider a draft conditional use document. The Village Board will have an opportunity to review the document should the Plan Commission recommend its adoption to the Village Board.
Trustee Schneider asked what would happen to the fuel center if the grocery store would go out of businesses. Ms. Buratto noted that state law requires that the fuel station equipment, tanks and facilities would need to be removed and the parking lot restored to its original condition.
Discussion continued about the concept plan and conditional use permit approval processes. Mr. Van Gompel said that the Village must legally provide due process to a conditional use permit applicant. Attorney Dineen noted that Village Ordinance requires that this matter be forwarded to the Plan Commission for further consideration.
President Jaberg asked if the store has the ability under its conditional use to operate the fuel center as a separate department of the store. Ms. Buratto noted that sale at the pumps may be allowed, however the sale of separate items out-of-doors is not permitted.
It was moved by Trustee Schneider and seconded by Trustee Nealy to refer this item to the Plan Commission for review, pursuant to the Village of Brown Deer Zoning Code, Chapter 10-10.06 (B). The motion carried unanimously.
VIII. New Business
A) Approve a Conditional Use Permit and Land Covenant for a Remodeling Contractor's Office and Shop at 7701 North Teutonia Avenue, Zoned B-3 Commercial District
Trustee Moranski asked if Conditional Use Permits are traditionally set for a one-year time period. Ms. Buratto noted that a one-year time period allows the Village to monitor the use and consider additional requirements prior to extending the permit after the first year. Trustee Baker asked about the size of the waste dumpsters which will be used. Mr. Meldman said that his current location requires pick up once a month using a 12 to 24 foot dumpster. Trustee Schilz suggested that the permitted business hours be set for 7:00 AM to 6:00 PM Monday through Saturday.
It was moved by Trustee Nealy and seconded by Trustee Moranski to approve the conditional use permit with revised business hours and the site plan as recommended by the Plan Commission subject to Beautification Committee approval of the site landscaping and Building Board approval of the architecture, signage and building materials and colors, contingent upon Village Attorney approval. The motion carried unanimously.
It was moved by Trustee Nealy and seconded by Trustee Moranski to approve the land covenant, contingent upon Village Attorney approval. The motion carried unanimously.
B) North Shore Board of Health Ordinance Change
Ms. Peterson noted that the ordinance, as currently adopted, is not in compliance with actual practice. Attorney Dineen suggested that the second "whereas" statement be removed from the drafted ordinance.
It was moved by Trustee Moranski and seconded by Trustee Nealy to adopt Ordinance No. 01-, "In the Matter of Amending Sections 2-4.02, 2-4.04 and 2-4.05 of Volume 1, Chapter 2, Article 4, "North Shore Board of Health" of the Brown Deer Village Code" as revised. The motion carried unanimously.
C) Village Logo
Mr. Van Gompel discussed the process undertaken to consider a new Village Logo. Trustee Schneider asked that the Village Board have the opportunity to consider other design options. The various logo design drafts were presented. Trustee Schilz noted that the costs associated with incorporating the new logo should be monitored closely.
It was moved by Trustee Schilz and seconded by Trustee Nealy to approve the new Village logo design. The motion carried unanimously.
D) Application for Two Conditional Use Permits for the Brown Deer Commerce Center at 4311 West Bradley Road
Trustee Schilz asked if a child care facility is an appropriate use for a commerce center scenario. Ms. Buratto noted that the developer is hopeful a larger tenant will find an on-site child care facility desirable.
It was moved by Trustee Schneider and seconded by Trustee Baker to refer this item to the Plan Commission for review, pursuant to the Village of Brown Deer Zoning Code, Chapter 10-10.06 (B). The motion carried unanimously.
IX. Departmental Report – Administrative Services
Ms. Kasza presented the Administrative Services departmental report. She discussed current staffing, services provided, tax collection procedures, payroll management, financial records and reporting, and departmental goals and accomplishments.
X. Village President’s Report
President Jaberg reported on the recent ICC meeting. She reported that the new North Shore Fire Department Finance Committee is reviewing departmental expenditures on a monthly basis. The committee is also considering removing capital expenditures from the general budget. She reported that the Community Development Authority has discussed the TIF districts, large empty buildings in the Village, and development in the original Village area.
Trustee Schilz questioned the status of the Brown Deer Medical Building.
XI. Village Manager’s Report
Mr. Van Gompel reported that the City of Milwaukee is considering changing rates for bulk water purchase. The Water Utility Commission will discuss the impact of the change and consider available options.
XII. Adjournment
It was moved by Trustee Moranski and seconded by Trustee Schilz to adjourn at 10:16 P.M. The motion carried unanimously.
Russell Van Gompel, Village Manager
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