BROWN DEER VILLAGE BOARD
HELD AT THE
BROWN DEER VILLAGE HALL
The meeting was called to order by President Jaberg
at
I. Roll Call
Present: Village President Jaberg, Trustees:
Askew, Baker, Krueger, Schilz, Kundinger
Excused: Trustee
Nealy
Also Present: Russell Van Gompel, Village Manager; Andy
Pederson, Assistant Village Manager/Community Services Director; Dave Berousek,
North Shore Fire Department Chief; Ginny Goode, Park and Recreation Director;
Larry Neitzel, Public Works Superintendent; Jesse Thyes, Planning and Zoning
Specialist
II. Pledge of Allegiance
III. Public Hearing
A) In the Matter of Granting a Conditional
Use Permit for Outdoor Seating at
Harry Glinberg (Applicant),
Charmaine Rasmussen,
Angie Spransy,
Oscar Kornblum,
Trustee Baker questioned the type of garbage
receptacle that would be used. Mr.
Glinberg stated that he envisioned something metal, heavy enough to not blow
around, but something that could be brought in at closing time. Trustee Baker suggested a receptacle that
would be more decorative, possibly constructed with decorative stone. Mr. Glinberg stated that he was open to
suggestions, but concerned that the price of the garbage receptacle not be too
expensive.
Trustee Askew inquired about the cellar area and
stairway to the basement as well as asked the applicant for clarification
regarding parking near the proposed seating area.
Toni Markiewicz,
Trustee Baker expressed support for a year-round
trash receptacle located in the proposed seating area. Trustee Kundinger inquired whether the tables
would be brought in and out on a daily basis.
Trustee Kundinger requested clarification on what “neutral” color for
the umbrella meant. President Jaberg
stated that the Planning Commission provided latitude on color selection and
would be able to review the Conditional Use Permit in one year.
B) In the Matter of Granting a Conditional Use Permit for a Convenience Store at the Badger Fuel Gas Station, 4685 West Bradley Road.
C) In the Matter of Granting a Conditional
Use Permit for a Public Garage in the B-3 District,
The Board received input on both III. B. and III. C.
at the same time. Village Manager Van
Gompel reviewed the proposal and conditions within the Conditional Use Permit.
Walter Koceja (Applicant),
Charmaine Rasmussen,
Mr. Koceja stated that security is a top concern and
he believed that $500,000 in improvements would make the area more
aesthetically appealing and safe.
Mary Jansen,
Toni Markiewicz,
Ms. Rasmussen thanked Mr. Koceja for the effort to
fix up the gas station. Ms. Rasmussen
expressed concern over the proposed car wash, with regard to the potential for
increased crime and the types of people it may attract.
Harry Glinberg,
Ms. Markowitz expressed concern over the potential
for increased crime and robbery of a convenience store. Ms. Markowitz also expressed concern that the
convenience store would become a magnet for kids and hangout for skateboarding.
Jerry Starz,
Frank Balistreri,
President Jaberg reviewed the TIF improvements in
the area scheduled for 2003, including street lighting in the immediate area.
Mr. Koceja stated that he would personally address
any complaints raised and requested the citizens contact him if they have a
complaint or concern.
IV. Persons Desiring to be Heard
None.
V. Consideration of Minutes:
It was moved
by Trustee Kundinger and seconded by Trustee Schilz to approve the
VI. Unfinished Business
A) Resolution
No. 03-, “Notice of Public Hearing for the Assessing of the Culvert and
Driveway Approach Costs of the
Village Attorney Dineen clarified the intent of the
Resolution was to state that the special assessment would include the net cost
versus the entire cost as specified in the Resolution.
President Jaberg asked how many property owners were
impacted by this proposal. Public Works
Superintendent Neitzel stated that 15 property owners were impacted, with over
half of those property owners attending the last public hearing. Mr. Neitzel stated that he has had excellent
communication with the property owners.
Trustee Askew stated that he had received concerns
from residents that the Public Hearing was held during hunting season. Trustee Askew also requested clarification on
the costs of replacing culverts.
Trustee Kundinger requested clarification as to who
has covered the costs of repair in the past.
Mr. Neitzel stated that all major repairs were paid for by the
Village. Mr. Van Gompel stated that
property owners are responsible for maintaining and replacing the culvert and
driveway. Mr. Van Gompel stated that the
intent of the policy was to credit property owners with the remaining value or
useful life of the culvert.
Trustee Askew requested clarification on why the
specific areas were selected. Mr.
Neitzel stated that they were selected to continue the implementation of the
Stormwater Management Plan, areas where the most frequent flooding occurs, and
to coincide with the street rehabilitation project.
Trustee Schilz asked whether additional notices
would be sent informing property owners of the work. Mr. Dineen stated that those being assessed
would be noticed. Mr. Van Gompel stated
that residents were last sent a letter in January. Mr. Neitzel stated that if a sale of a
property occurs, the realtor must disclose this information.
It was moved
by Trustee Schilz and seconded by Trustee Krueger to approve Resolution
No. 03-, “Notice of Public Hearing for the Assessing of the Culvert and
Driveway Approach Costs of the West Woodale Avenue Ditch Rehabilitation
Project” as amended to include “Net Costs” and remove “Entire Costs” in the second to last BE IT FURTHER RESOLVED
portion of the Resolution.. The motion
carried unanimously.
VI. New Business
A) Conditional Use Permit for Outdoor
Seating at
Trustee Askew expressed concern with regard to parking close to the proposed seating area and potential safety concerns regarding the cellar door access to the basement.
President Jaberg requested
additions to the Conditional Use Permit, including maintaining the area so that
it is free and clear of debris; prominent display of reflective warning tape
near the cellar door; a heavy, durable, covered/lidded, and aesthetically
pleasing garbage receptacle; and solid color umbrella. President Jaberg questioned whether concerns
existed with regard to stormwater runoff.
Mr. Neitzel stated he did not have concerns with runoff.
It
was moved by Trustee Schilz and seconded by Trustee Baker to
grant the Conditional Use Permit for Outdoor Seating at Brown Deer Village
Coffee Shop, 4134 West River Lane, as amended to include the area to be free
and clear of litter and debris; prominent display of reflective warning tape
near the cellar door; a heavy, durable, covered/lidded, and aesthetically
pleasing garbage receptacle be located near the outdoor seating area; and a
solid color for any table umbrellas used .
The motion carried unanimously.
B) Conditional Use Permit for a Convenience
Store at the Badger Fuel Gas Station,
Trustee Krueger stated that efforts have been made
in the recent past to improve the area and that both the Planning Commission
and Building Board have granted their approval in moving this proposal forward.
President Jaberg stated this proposal does fit into
the long-term plan for the area.
Trustee Schilz stated that fear of crime should not
be used as a criteria to grant conditional use permits. Trustee Schilz stated that the Police
Department is making extensive efforts to maintain the safety in the area.
Trustee Askew discussed the negative perception
towards convenience stores and expressed support for the applicant’s efforts in
redeveloping the corner.
Trustee Kundinger questioned the status of the fuel
trucks located on the property and where they would be located.
Trustee Baker asked whether the convenience store
has been robbed and requested clarification on the computer system to be
implemented at the convenience store.
Mr. Koceja stated that the convenience store has not been robbed and
that the enhanced computer system would be linked directly to the Police
Department patrol vehicles for security purposes.
Trustee Baker distinguished the type of car wash the
location would have, being a drive through car wash versus a self service car
wash.
President Jaberg requested that “no overnight
parking or storage of vehicles” and “exterior lighting shall be sufficient to
meet the business and safety needs of the site” be added to the Conditional Use
Permit. The Board discussed the need to
address the location of parking the fuel trucks. President Jaberg also requested that the
Permit be amended to include “free and clear of litter and debris.”
Village Attorney Dineen stated that storage of a
fuel truck is not an accessory conditional use for a convenience store.
Village Manager Van Gompel stated that as a
compromise, he discussed with the applicant the possibility of parking one
truck instead of several on the property at
Walter Koceja (Applicant) requested the Board allow
one vehicle to be stored overnight at the
It
was moved by Trustee Krueger and seconded by Trustee Schilz to
grant a Conditional Use Permit for a Convenience Store at the Badger Fuel Gas
Station, 4685 West Bradley Road, as amended to include maintaining the site
free and clear of litter and debris, no overnight storage of vehicles, and
exterior lighting shall be sufficient to meet the business and safety needs of
the site. The motion carried
unanimously.
C) Conditional Use Permit
for a Public Garage in the B-3 District, 4730 West Bradley Road.
President Jaberg requested
the Conditional Use Permit be amended to include “approval by the Village
Board” in the condition stating “A site diagram shall be submitted prior to the
approval of a building permit”; amended to include “exterior lighting shall be
sufficient to meet the business and safety needs of the site”; include “premise
kept free and clear of litter and debris”; and add “accessory use for parking
of one fuel delivery vehicle properly screened when parked on the premise.”
Trustee Schilz encouraged
the applicant to provide a clear sketch of the proposed location be presented
to the Board before final approval is granted.
It
was moved by Trustee Krueger and seconded by Trustee Schilz to
grant a Conditional Use for a Public Garage in the B-3 District, 4730 West
Bradley Road, as amended to include “approval by the Village Board” in the
condition stating “A site diagram shall be submitted prior to the approval of a
building permit”; include “exterior lighting shall be sufficient to meet the
business and safety needs of the site”; include “premise kept free and clear of
litter and debris”; and add “accessory use for parking of one fuel delivery
vehicle properly screened when parked on the premise.” The motion carried five to one, (Kundinger
opposed).
D) Applications to Sell Liquor 2003-2004.
Mr. Van Gompel stated that all
applicants were being considered for renewal.
It
was moved by Trustee Krueger and seconded by Trustee Schilz to
approve renewal applications to sell liquor in 2003-2004 . The motion carried unanimously.
E) Selection of Pond Concession Vendor
Park and Recreation Director Goode
reviewed the proposal for pond concessions in 2003. President Jaberg requested that this
Agreement be for a term of one year.
Trustee Askew expressed concern with regard to the proposed staffing of
one person. Mr. James Wildt, Jimbo’s on
76th, stated that staffing would be evaluated and addressed as the summer
progressed and dictated by business.
It
was moved by President Jaberg and seconded by Trustee Schilz for
the selection of Jimbo’s on 76th to operate the Pond Concession in 2003, as
amended. The motion carried
unanimously.
F) 4th of July Celebration Licenses and Permit Applications and Waiver of License and Permit Fee
It
was moved by Trustee Schilz and seconded by Trustee Krueger to
approve the 4th of July Celebration Licenses and Permit Applications and Waiver
of License and Permit Fee. The motion
carried unanimously.
G) 4th of July Celebration Concession Vendor and Waiver of
Peddler and Food License Fees
President Jaberg expressed
concern that the license fees were being waived. Trustee Krueger stated the licensing fees had
been waived in past years to continue to attract vendors.
It was moved by Trustee Krueger and seconded by Trustee
Schilz to approve the 4th of July Celebration Concession Vendor and Waiver of Peddler
and Food License Fees. The motion
carried five to one, (Jaberg opposed).
VII. Department Report –
North Shore Fire Department
Dave Berousek, North Shore Fire Department Chief, distributed the 2002 Year in Review for the North Shore Fire Department. Mr. Berousek also conducted a Fire Department presentation to the Board, in which he outlined the various responsibilities and statistics pertaining to the North Shore Fire Department.
VIII. Committee Appointments
President Jaberg distributed a memo requesting the
reappointment of members to the Beautification Committee and an appointment to
the Board of Health.
It was moved
by President Jaberg and seconded by Trustee Krueger to confirm the
appointment of Beverly Lieven, Kathleen Schilz, and Julie Quirk to the
Beautification Committee. The motion
carried unanimously.
It was moved
by President Jaberg and seconded by Trustee Krueger to confirm the
appointment of Linda Carey to the Board of Health. The motion carried unanimously.
IX. Village President's Report
President Jaberg reported on
the following items:
The North Shore Fire
Department Board met on May 29, 2003 to review budget and expenditure
issues. The Capital Improvement Budget
was presented at the last meeting and only $18,000 of the proposed $80,000 was
approved, in light of State budget deliberations.
The North Shore elected
officials met following the Fire Department Board meeting and discussed State
budget deliberations.
The Village is being
recognized by the Public Policy Forum for an Honorable Mention in Innovation in
Technology.
Attended a meeting on the
Community Development Block Grant to determine ways for the Village to receive
more money than in previous years.
President Jaberg sent a
letter to members of the Joint Finance Committee reiterating the position of
the Village on State budget deliberations.
Safety Days will be held on
Saturday, June 7, 2003 at Bay Shore Mall in Glendale.
X. Village Manager's
Report
Mr. Van Gompel reported on the following items:
Gypsy Moth spraying was
conducted early on the morning of Sunday, June 1, 2003. The Village received several calls concerning
the elevation of the plane spraying.
An article appeared in the Journal Sentinel on June 2, 2003
regarding the potential acquisition of Rainbow Foods to Festa Food Group to
operate Festival Foods.
The Board of Review met on
June 2, 2003 and established June 11, 2003 as Open Book review, and June 25,
2003 as the meeting date for the Board.
Preparations are taking
place to open the Pond for the season on June 14, weather permitting.
XIII. Adjournment
It was moved by Trustee Schilz and seconded by Trustee
Kundinger to adjourn. The motion
carried unanimously at 10:49 PM.
_______________________________
Russell Van Gompel, Village
Manager
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