Before the meeting was called to order, Jeff Baker and Yvonne Nealy were sworn in as Village Trustees, and Margaret Jaberg was sworn in as Village President.

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

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; Mary Kay Buratto, Community Development Director

Mr. Van Gompel reported that the language of the Planned Development Zoning District allows the Plan Commission to exercise flexibility in the application of all other area and bulk requirements of the other zoning districts when reviewing Planned Development proposals except for parking. Language was drafted by the Village Attorney to provide this flexibility, which requires that the flexibility be exercised judiciously.

Thomas Dolan (6667 West Floral Lane) asked where the locations are currently for Planned Development Zoning Districts. Ms. Buratto identified such areas. He asked that some parameters be established rather than the autonomous ability to modify the parking requirements. Ms. Buratto noted that the ability would be to increase or decrease the parking, and noted that current parking requirements are outdated and in fact reduce the amount of open space.

Lois Dolan (6667 West Floral Lane) expressed concern that there is not adequate parking near her business. Ms. Buratto noted that no particular development or property is being targeted.

Trustee Schneider asked if this eliminates the need to go to Board of Appeals to ask for a variance for parking needs. Ms. Buratto noted that it does, and allows the Plan Commission to be more flexible when dealing with this type of district and centralizes the planning duties in the hands of the Plan Commission.

Mr. Dolan expressed concern that this gives the Village the ability to zone-as-they-go without oversight. Attorney Dineen noted that it is permissible to grant this type of flexibility to the Plan Commission. He added that limits are still placed on the use of the property based on the zoning code. Mr. Van Gompel noted that this is not changing the parking requirements that are in place, but that the Plan Commission instead of the Board of Appeals can hear requests to change the parking. He noted that the Plan Commission is in a better position to hear a request for modification rather than the Board of Appeals.

President Jaberg asked how this change or variance would involve the Beautification Committee. Ms. Buratto noted that the Beautification has no authority over parking.

Gerald Freidenfeld (9345 North 51st Street) discussed his concerns with uncontrolled and barking dogs in his neighborhood. He commended President Jaberg for contacting him by telephone regarding this matter after he place an editorial in the Brown Deer Herald.

Helen Witte, representing the 4th of July Committee, distributed raffle tickets to Village Board members to benefit the 4th of July Celebration. She discussed the prizes and fundraising efforts for the parade and fireworks.

Lauraine Carter (5389 West Fairy Chasm Road) asked to be heard regarding her possible appointment to a Village Committee.

It was moved by Trustee Schneider and seconded by Trustee Schilz to approve the April 16, 2001 regular meeting minutes, as corrected. The motion carried unanimously 6-0, with President Jaberg abstaining.

None.

It was moved by Trustee Kundinger and seconded by Trustee Schneider to adopt Ordinance No. 01-, "In the Matter of Amending Volume 2, Chapter I – Zoning Code, Chapter 6, Section 6.06(B) Off-Street Parking". The motion carried unanimously.

Ms. Buratto noted that the petition for Conditional Use Permit is initially to be proposed and accepted by the Village Board. The Planning Commission will hear the matter and representatives will appear before the Planning Commission to present the matter further.

Ms. Buratto discussed the request for Conditional Use Permit, and noted that the item would be considered by the Planning Commission. Ms. Jaberg asked if the impact on traffic will be considered by the Planning Commission. Ms. Buratto noted that the Plan Commission would likely consider traffic, however she does not foresee any problems with traffic.

D) Revised Contract Language

Mr. Van Gompel reported that changes have been made to the regular contract language used by the Village. The changes address concerns of earlier contract letting procedures. This language will be used for future contracts to avoid confusion.

Mr. Van Gompel reported that the appropriate fees have been paid and the background check for agent has been approved by the Brown Deer Police Department. President Jaberg asked how much of the fees stay with the Village. Mr. Van Gompel responded that all of the fees are retained by the Village. Trustee Kundinger asked if the Applebee’s Restaurant was approved. Mr. Van Gompel reported that the Village Board approved the restaurant in concept, and the Plan Commission will be considering the site plan.

It was moved by Trustee Nealy and seconded by Trustee Moranski to appoint James W. Liermann as agent for Jay and Kay Enterprises, the corporation that holds the Class "B" Intoxicating Liquor and Class "B" Beer License for Diamond Jim’s located at 4740 West Bradley Road, contingent upon completion of the Responsible Beverage Service Certification Course. Trustee Schilz expressed concern that the secretary assigned, Kathleen White, is no longer associated with Jay and Kay Enterprises. Mr. Van Gompel noted that the agent has control over the operations and distribution and sale of liquor, and assignment of the secretary is not a concern with regards to the Intoxicating Liquor and Beer License. Trustee Schilz and Schneider expressed concerns that the information regarding the officers of the corporation is not accurate, and should be confirmed as accurate prior to approval of the agent. The motion was withdrawn. No action taken.

The Village President appointed Fred Braby, Ray Diderrich, Beverly Lieven, Chuck Meyer, Kathleen Schilz and Susan Schneider for one-year terms to the Beautification Committee.

The Village President appointed Ralph Witte (chair) and Dick Klein for three-year terms to the Board of Appeals.

The Village President appointed Barbara Bechtel and Robert Moranski for one-year terms to the Board of Health.

The Village President appointed Gene Malloy to fill the three-year unexpired term of Robert Moranski and Colleen Prostek to fill the four-year unexpired term of Ron Kundinger to the Board of Review. Mr. Van Gompel noted that the appointments are, by ordinance, set for five years, however these appointments are necessary to complete terms which were held by Trustees, which can only be made for one year.

The Village President appointed Robert Moranski for a one-year term and Jeff Wachs and William Chandler for two-year terms to the Building Board.

The Village President appointed Margaret Jaberg and Tim Schilz for one-year terms and Beth Urpanil for a four-year term to the Community Development Authority. Trustee Nealy expressed concern that Frances Jordan was not re-appointed or contacted regarding her involvement in other committees. President Jaberg said that she would be interested in involving Ms. Jordan in other opportunities, such as the upcoming strategic planning process. Trustee Nealy noted concerns that calls were not made to committee members who did not return their interest form. Mr. Baker noted that he believes it is the responsibility of the committee member to return the form if interested. Trustee Schilz noted that the forms were intended to collect more information on the possible appointees.

The Village President appointed Robert Moranski, Ron Kundinger and Sue Schneider (chair) for one-year terms and Mike Sabby and Chuck Cline for two-year terms to the Finance and Public Works Committee. Trustee Moranski asked if Tom Lieven was contacted regarding re-appointment. Ms. Jaberg noted that she spoke with Mr. Lieven. Trustee Nealy expressed concerns about Mr. Lieven not being re-appointed to the committee. President Jaberg said that she was seeking someone with more insurance background and noted Mr. Lieven's current involvement with the Brown Deer Foundation. Trustee Schnieder noted that Mr. Lieven did complete his interest form and was concerned that he was not re-appointed. Trustee Kundinger noted that Mr. Lieven should be appointed considering his qualifications and abilities. Trustee Moranski expressed concern that Mr. Sabby does not regularly attend in the summer months.

It was moved by Trustee Schilz and seconded by Trustee Moranski to confirm the appointments of Susan Schneider, Ron Kundinger, Robert Moranski, Tom Lieven and Chuck Cline to the Finance and Public Works Committee. Trustee Schneider asked that another opportunity to serve be offered to Mr. Sabby. The motion carried unanimously.

The Village President appointed Tim Schilz and Amy Kornblum for one-year terms and Gary Springman and Lee Kass for three-year terms to the Park and Recreation Committee. She designated Joe Gosse as the Committee Chair. President Jaberg noted that she spoke with Mr. Bullis, who did not complete his form, however he did not want to consider another committee appointment at this time. Trustee Nealy noted that she spoke with Mr. Bullis and said that he would like the appointment to the committee but expressed concern about serving the entire year. Trustee Schilz noted that Mr. Bullis may not be able to serve his entire term due to personal concerns and may seek other opportunities in the future.

The Village President appointed Ron Kundinger (chair), Sue Schneider and Don Druckrey for one-year terms to the Personnel Committee.

The Village President appointed Margaret Jaberg (chair), Tim Schilz, Jeff Baker and Debby Falk for one-year terms and Jim McGuigan and Jerry Schmitz for three-year terms to the Planning Commission. Trustee Nealy noted that she is the first minority to have served on the Plan Commission, and has served three years. She noted that in the past Trustees have been offered the appointments that they wished on the basis of seniority. She noted that she was denied the reappointment, and expressed concern that she was not appointed in favor of Trustee Baker who has less experience and seniority and was a supporter of the current Village President in her campaign. Trustee Nealy expressed concerns regarding minority representation on the Village Board and the Plan Commission. She requested to be placed back on the commission. Trustee Moranski concurred with Trustee Nealy’s comments. Trustee Schilz noted that appointments based on seniority have been made in the past. Trustee Schneider noted that Trustee Nealy feels strongly about the appointment and would support Trustee Nealy, however asked that Trustee Baker be considered for the position on the Library Board. Trustee Baker expressed resentment about comments from Trustee Nealy as to his lack experience. Trustee Kundinger took offense to comments from Trustee Nealy, noting that they were derogatory and demeaning and implicated race issues. President Jaberg noted that the decisions on the appointments were difficult to make, and requested approval as she had recommended.

The Village President appointed Yvonne Nealy (chair), Jeff Baker, Leslie Millane, Connie Millet, Neal Dreyfus, Mark Askew and Tim Kosteretz for one-year terms to the Traffic and Public Safety Committee.

Mr. Van Gompel reported that signal lights at Schroeder Drive and Green Bay Road will be considered at the Finance and Public Works and Traffic and Public Safety Committee meetings. He noted that a sanitary sewer main collapsed in the area of Green Bay Road and Cedarburg Lane, which caused the closure of a portion of Green Bay Road. The renewals for food, cigarette, liquor, entertainment, amusement and soda licenses will be taking place in June.

It was moved by Trustee Moranski and seconded by Trustee Schneider to adjourn at 11:05 P.M. The motion carried unanimously.

Russell Van Gompel, Village Manager