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

Present: Village President Jaberg, Trustees: Baker, Kundinger (8:30), Moranski, Nealy, Schneider

Excused: Trustee Schilz

Also Present: Russell Van Gompel, Village Manager; William Dineen, Village Attorney; Mary Kay Buratto, Community Development Director

Mary Kay Buratto announced that the application was withdrawn and, therefore, no public hearing was held.

Stephanie Moes (8900 North Park Plaza Circle) expressed concerns about the lack of plantings and beautification projects on the west side of the Village.

It was moved by Trustee Nealy and seconded by Trustee Moranski to approve the June 4, 2001 regular meeting minutes. The motion carried unanimously.

1. Building Board - Trustee Moranski

No action required.

2. Beautification Committee - Trustee Schneider

No action required.

3. Park and Recreation Committee - Trustee Schilz

No action required.

Mr. Van Gompel reviewed a draft redlined version of a proposed ordinance. This version of the ordinance was revised with comments received by Attorney Dineen since the Traffic and Public Safety Committee meeting.

Trustee Schneider inquired how the ordinance would be communicated to the residents. The Village would provide information in the newsletter, the website, and by special fliers. Trustee Kundinger stated his opposition to the ordinance especially if enforcement would only occur at the time of a sale of a house. Trustee Moranski expressed his opinion that this legislation would be similar to legislation regarding the use of seat belts. Trustee Nealy supports this ordinance especially if it can save just one person’s life. Village President Jaberg noted that she had received negative comments on the proposed ordinance, however, the overall public safety of the entire community was a concern to her. She also favored the application of the ordinance to multiple family units. Trustee Schneider commented on her knowledge of two families who experienced carbon monoxide poisoning. Trustee Baker noted that his contacts were divided on a 50/50 basis, and that he had not received any strong objections. Therefore, he supported the proposed ordinance. Attorney Dineen suggested that subsection (j) in Section I be deleted, similar to the proposed draft ordinance which deleted (j) in Section II. Trustee Nealy amended her motion and Trustee Schneider agreed with the addition to the motion. The motion carried as amended 5-1, opposed Kundinger.

No action required.

1. Planned Development Agreement for Outdoor Dining at Kurt Schulz Deli located in the Original Village Planned Development District at 8752 North Deerwood Drive

Mary Kay Buratto reviewed her memorandum and the need for an Original Village Planned Development Agreement. The Plan Commission reviewed the request for an 8 x 38 foot concrete patio expansion. The Plan Commission recommended that the Village Board approve the agreement. Ms. Buratto noted that the Plan Commission had discussed whether this was a substantial change in the existing use. She noted that a substantial change would require a public hearing. The Village Board could still determine that this was a substantial change and request a public hearing. She noted that the agreement included a correct legal description; however, the site plan included two properties and that a revised site plan was required to illustrate only one of the two properties owned by Julie and Tony Reno. Mr. Van Gompel noted the conditions added to the Development Agreement by the Plan Commission.

It was moved by Village President Jaberg and seconded by Trustee Nealy to approve the Development Plan and the Original Village Planned Development Agreement as recommended by the Plan Commission, pending the submittal of a corrected site plan. The Village President reported on discussions which occurred at the Plan Commission level and whether this item should be subject to a public hearing. Trustee Baker questioned if four tables and 16 chairs were adequate and if the parking was adequate. The applicant responded that the seating was adequate and that the parking was not changing, it was being moved to allow for the deck. Trustee Moranski questioned if the Village Attorney was satisfied with the language. He responded that he had no objection. Trustee Nealy questioned the type of umbrellas. The applicant responded that the umbrellas would consist of a canvas-type material. The motion carried unanimously.

2. Ordinance No. 01-, "In the Matter of Amending Volume 2, The Zoning Code, Chapter 10-10.09 (A) Application Fees"

Mary Kay Buratto noted that the Plan Commission was recommending the fees and noted some changes on minor requests.

It was moved by Village President Jaberg and seconded by Trustee Nealy to set a public hearing for July 16, 2001 at 7:30 p.m. to amend Chapter 10-10.09(A) Application Fees of the Zoning Code. The motion carried unanimously.

It was moved by Trustee Schneider and seconded by Trustee Moranski to adopt Resolution No. 01-, "In the Matter of Amending the Village of Brown Deer 2001 Annual Budget." The motion carried unanimously.

It was moved by Trustee Schneider and seconded by Trustee Moranski to award a contract in the amount of $107,457.50 to Payne & Dolan, Inc. for the Village of Brown Deer’s 2001 Ultrathin Bonded Overlay Program. Trustee Moranski favors the use of the Ultrathin Bonded Overlay project to extend the life of the impacted streets by 10 years. Trustee Baker questioned if there was any guaranty from the contractor. Mr. Van Gompel noted that the Village of Menomonee Falls has utilized this process for a number of years and has been pleased with the process. The motion carried unanimously.

Mr. Dineen suggested that the terms and conditions be modified to reflect the terms and conditions utilized in previous Earth Tech contracts. Village President Jaberg commented on her concerns with coordinating the timing of the project with the completion of the existing work in the area being performed by MMSD.

It was moved by Trustee Schneider and seconded by Trustee Moranski to award a Consulting Agreement and Authorization to Proceed" with Earth Tech, Inc. for the design and construction stakeout of the sidewalk on the west side of North 55th Street, and the construction stakeout for both North 55^th Street and West Dean Road pavements, to be paid on a time and material basis not to exceed the sum of $11,450 subject to the approval of the Village Attorney to the terms and conditions. The motion carried unanimously.

It was moved by Trustee Schneider and seconded by Trustee Nealy to approve for payment Check Numbers 31473 to 31525, and Check Numbers 31570 to 31712 in the amount of $394,139.73, and to ratify for payment invoices due on or before May 21, 2001, in the amount of $90,251.20, aggregating a total amount of $484,390.93. The motion carried unanimously.

None.

It was moved by Trustee Nealy and seconded by Trustee Kundinger to grant a Class "B" Intoxicating Liquor and Class "B" Beer License to Brown Deer Pride, LLC, for the Holiday Inn Express located at 4443 West Schroeder Drive, and to approve the appointment of Jule C. Zipperer as the Agent. The motion carried unanimously.

No action required. Trustee Schneider questioned which committees need appointments. Village President Jaberg responded that appointments are needed for the Library Board and the 4^th of July Committee. Trustee Nealy questioned the opening of the Foundation. Village President Jaberg responded that the Foundation selected their own Board of Directors as they are not appointed by the Village.

The Village President reported on discussions with the North Shore Fire Department Board of Directors regarding the status of operational funding and the budget shortfalls over the previous years. She also reported on the last ICC meeting and the discussions regarding the Milwaukee County Road policy.

Mr. Van Gompel reported on an operational meeting for the upcoming Greater Milwaukee Open Golf Tournament, the deaths of the Rick Hensch’s wife and father-in-law of Martin Glodoski. He also read two thank you cards.

It was moved by Trustee Moranski and seconded by Trustee Nealy to adjourn at 9:26 P.M. The motion carried unanimously.

Russell Van Gompel, Village Manager