BROWN DEER VILLAGE BOARD

MAY 19, 2003 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, Krueger, Nealy, Schilz, Kundinger

 

Excused:           Trustee Askew

 

Also Present:    Russell Van Gompel, Village Manager; William Dineen, Village Attorney; Jessica Rosandich, Administrative Intern

 

II.        Pledge of Allegiance

 

III.       Persons Desiring to be Heard

           

(A)       Mary Klein, Brown Deer Junior Woman's Club

 

Mary Klein and Carolyn Mitchell, representing the Brown Deer Junior Woman's Club, thanked the Village for all their help and cooperation with the Brown Deer Junior Woman's Club activities, especially during "Holly Lights" this past year.  In appreciation, Ms. Klein and Ms. Mitchell presented checks to different areas of the Village including: the North Shore Health Department, Brown Deer Park and Recreation Department, Brown Deer Beautification Committee, Brown Deer Park and Recreation Department, and to the Brown Deer Fourth of July Committee.

 

(B)       Visioning Committee – Community Survey Presentation

 

Barbara Grant spoke on behalf of the Brown Deer Visioning Committee in regards to the new survey draft.  She pointed out that this draft encompassed a base of questions used nation-wide, as well as some innovative questions pertaining to the Brown Deer community.  Ms. Grant asked the Board for input and/or questions or concerns regarding the survey.

 

Trustee Kundinger expressed concern over question #2 of the survey and inquired as to how residents would judge quality of life, and how the Village Board would address quality of life.  Ms. Grant pointed out that the sub-questions under #2 break down the different areas of quality of life, so the Village would know which aspect to focus on.  Trustee Kundinger also expressed concern over question #7 of the survey, and inquired as to how the Village Board should address resident safety concerns.  Ms. Grant addressed Mr. Kundinger's concern and stated that the Village could look at demographics (age groups and area of community) to determine if safety is a problem particular to a certain area or age group.

 

Trustee Schilz expressed concern on question #6 (d) and proposed to change the word "alternative" to "option" or "choice".  He also proposed to add "condos" under question #17.

 

 

Trustee Baker inquired as to whether or not it was necessary to have the two different sizes of multi-family rental under question #17.  Ms. Grant pointed out that having the two different sizes of multi-family rental on the survey would help the Village to determine if the size of the rental complex is related to specific problems.

 

Trustee Schilz proposed that an "other" category be placed after each survey question, so citizens could give more feedback.  Ms. Grant and Mr. Van Gompel reported that this would be difficult due to the length of the survey.

 

Trustee Schilz inquired as to whether or not the survey would be web accessible.  Ms. Grant stated that the survey would not be web accessible and that each household would be sent one hard copy of the survey.  Mr. Van Gompel stated that web base survey results could be skewed.  Trustee Schilz expressed concern that having only one survey per household may prevent the Village from obtaining feedback from Brown Deer youths.  He inquired as to whether it was possible to send the surveys out to schools.  Ms. Grant pointed out that the Visioning Committee did discuss this issue and has considered creating a separate survey for youths to be sent out to the schools in the fall.  Ms. Grant stated that the Visioning Committee would continue to discuss this matter.

 

President Jaberg expressed concern on question #1(v) and proposed to change "northern suburbs" to "north suburbs".  She requested that the Visioning Committee add "ability to mainstream people with disabilities" under question #3.  She also requested that question #7 address resident concern with wildlife.  President Jaberg further proposed to change question #15 from "What is your ethnic background?" to "How do you choose to identify yourself".  She concluded by commending the Visioning Committee for all the great work done on the survey.

 

Mr. Van Gompel introduced and welcomed Jesse Thyes, the new Planning and Zoning Specialist, and Andrew Pederson, the new Assistant Village Manager/Community Services Director.

 

IV.       Consideration of Minutes:    May 5, 2003 - Regular Meeting

 

Trustee Baker made a correction to page 4, third paragraph of the May 5, 2003 Meeting Minutes and proposed that Ron Kundinger, rather than Tim Schilz, was reappointed to the Finance and Public Works.

 

Trustee Schilz made a correction to page 1, section III, of the meeting minutes, changing Terry Boscher to Terry Boschert.

 

President Jaberg made a correction to page 1, section III, of the meeting minutes, stating that the Community Development Authority, rather than the Beautification Committee, is assessing the increased trash at particular bus stops, and is also discussing what should de done about this issue.

 

It was moved by Trustee Nealy and seconded by Trustee Kundinger to approve the May 5, 2003 regular meeting minutes, with the above-listed corrections. The motion carried unanimously.

 

 

V.        Committee Reports

 

A)        Building Board - Trustee Krueger

 

No action required. 

 

B)        Beautification Committee – Trustee Nealy

 

No Meeting.

 

C)        Park and Recreation Committee – Trustee Askew

 

Trustee Askew was not in attendance.

 

D)        4th of July Committee – Trustee Krueger

 

No action required.

 

E)        Ad Hoc Pond Committee – Village President Jaberg

 

President Jaberg outlined the April 30, 2003 Ad Hoc Pond Committee Meeting Minutes.  She confirmed that the committee is currently focusing on putting boards depicting the pond project out and around the Village. She reported that the boards will be posted at the Library, Senior Center, and schools to raise awareness on the pond issue.  She informed that the committee is also looking into establishing a Friend's of the Pond Group to help address fund raising issues, and the committee is currently in the process of finalizing the group's responsibilities.

 

F)         Traffic and Public Safety – Trustee Askew

 

No Meeting.

 

G)        Library Board - Trustee Baker

 

No action required.

 

H)        Community Development Authority – Village President Jaberg

 

No meeting.

 

(I)        Planning Commission – Village President Jaberg

 

1)      Establish a Public Hearing for a Conditional Use Permit – Outdoor Seating at Brown Deer Village Coffee Shop, 4134 West River Lane.

 

President Jaberg pointed out that the owner of the Brown Deer Village Coffee Shop, Harry Glinberg, came before the Planning Commission and expressed his interest in putting outdoor seating towards the back area of the restaurant facing Brown Deer Road.  She informed that Mr. Glinberg did make a presentation to the Planning Commission and that the Commission has reviewed the presented information and did make a recommendation that the Board go ahead and schedule the public hearing for the Conditional Use Permit Application.  She further informed that the Commission did put some conditions in the recommendation and further asked that a more professional presentation be made when it comes to the Board for the public hearing. 

 

Mr. Van Gompel outlined the specific conditions of the approval of the Conditional Use Permit, in the May 12, 2003 Planning Commission Meeting Minutes, including: the furniture be made of wood or wrought iron, no outdoor sales allowed, having a heavy and aesthetically pleasing garbage receptacle be located near the seating area, the dumpster be located in a spot approved by the North Shore Health Department,  if umbrellas are utilized they must be of cloth materials and a neutral color without advertising, and seating limited to 4 tables and 16 chairs, and separation between parking and seating areas.  Mr. Van Gompel informed that a draft of the Conditional Use will be distributed in the next packet, prior to the public hearing.

 

It was moved by President Jaberg and seconded by Trustee Schilz to establish the public hearing for the Conditional Use Permit for the Village Coffee Shop at 4134 West River Lane on June 2, 2003. The motion carried unanimously.

 

2)   Establish a Public Hearing for Conditional Use Permits – Badger

      Fuel Company

 

President Jaberg outlined the May 12, 2003 Planning Commission Meeting Minutes, and informed that the Planning Commission liked this idea in concept and wanted to move it forward for Board consideration.  She further informed that the Planning Commission did make several recommendations and requested that a more thorough presentation be made at the public hearing.  President Jaberg reported that last year, Badger Fuel, located at 4685 West Bradley Road, was granted a conditional use permit to add a car wash, which was never constructed.  She pointed out that Badger Fuel is requesting that it receive a second conditional use permit for the location to add a convenience store.  She further informed that Badger Fuel would also buy the parcel of land located at 4730 West Bradley, where Bal's Automotive Repair is currently located, and move repair operations to this area.  She explained that the area where Bal's Automotive is currently located already has a conditional use permit, so the Planning Commission is requesting that the Board transfer that permit to the new owner. She concluded that the owner's offer to purchase the parcel is contingent on these permits. 

 

Mr. Van Gompel pointed out that the applicant, Wally Koceja, is applying for two separate conditional uses.  One is to add a convenience store at 4685 West Bradley, and the other is to operate a public garage at 4730 West Bradley, where Bal's Automotive is currently located.  He reported that the Planning Commission already informed Mr. Koceja that he would not be allowed to continue the conditional use to operate a truck rental business.  He explained that while 4730 West Bradley currently has a conditional use to operate a public garage, the conditional uses were granted to a specific individual, and do not continue with the land.  He informed that the formal site plan will be approved by the Planning Commission prior to the issuance of the building permit.  He pointed out that the Commission would allow the new applicant to have a conditional use to operate a public garage, which is defined in the Village Code, but not a truck rental business.

 

 

Mr. Van Gompel pointed out that the Village has received some complaints regarding the site located at 4685 West Bradley in regards to the maintenance of the site.  Mr. Van Gompel claimed that these complaints were discussed with Mr. Koceja.  Mr. Van Gompel also suggested that some of the parking situation would also be alleviated by the issuance of theses permits.

 

It was moved by President Jaberg and seconded by Trustee Kundinger to schedule a public hearing for June 2, 2003 for a Conditional Use Permit at 4685 West Bradley Road for a convenience store. The motion carried unanimously.

 

It was moved by President Jaberg and seconded by Trustee Krueger to establish a public hearing for June 2, 2003 for a Conditional Use Permit at 4730 West Bradley Road for the automotive service, excluding the truck rental business at that site. The motion carried unanimously.

 

J)         Finance and Public Works Committee – Trustee Kundinger

 

1)  Update on Village Pond Project

 

a) Topographical Survey

 

Trustee Kundinger reported that the Finance and Public Works Committee is recommending that a Topographical Survey be conducted by Bonestroo, Rosene, Anderlik and Associates.  The cost of the survey will not exceed $1,875 and the Committee is recommending that the funding for the survey would be from donations made to the Brown Deer Foundation.  He explained that this survey would provide the Village with topographic mapping of the swimming pond area.

 

It was moved by Trustee Kundinger and seconded by Trustee Baker to approve the letter of agreement between the Village and Bonestroo, Rosene, Anderlik and Associates for surveying services for the Village Swim Pond Site in the amount not to exceed $1,875.  The motion carried unanimously.

 

b) Contract Documents, Bidding, and Construction Management

 

Trustee Kundinger reported that the Finance and Public Works Committee reviewed the contract with Bonestroo, Rosene, Anderlik and Associates.  He confirmed that the Committee further discussed with the firm, the project process, the role of the Village staff in the construction management process. The cost of the contract would not exceed $33,000 and that the funding would be from donations made to the Brown Deer Foundation.  He informed that this architectural agreement would enable the Village to see the true cost of moving forward with the construction of the Pond Bathhouse and Facilities project. Mr. Van Gompel pointed out that the contract would include preparing the construction documents and administrating and tabulating the bids.

 

Trustee Schilz inquired as to how much money has been expended by the Brown Deer Foundation on this project thus far.  Mr. Van Gompel addressed Trustee Schilz's inquiry and reported that the amount spent was approximately $43,000.

 

 

It was moved by Trustee Kundinger and seconded by Trustee Baker to approve the architectural agreement between the Village and Bonestroo, Rosene, Anderlik and Associates for the design development, construction documents, bidding and construction administration for the Village Pond Bathhouse and Facilities project, subject to Village Attorney approval, in the amount not to exceed $33,000.  The motion carried unanimously.

 

2)  Approval of Bids for 2003 Street Reconstruction Program

 

Trustee Kundinger reported that the bid received from Payne & Dolan for the 2003 Street Reconstruction Program came in at $269,808.15, which was quite a bit lower than expected and he informed that the Finance and Public Works Committee was seeking the Board's approval to award the contract for the project to Payne & Dolan.  He further informed that since Payne & Dolan's bid did come in lower than expected, the Committee has recommended that the 2003 Reconstruction Program be amended to include additional streets for reconstruction. 

 

Mr. Van Gompel pointed out that the staff would have the flexibility to determine what streets are in most need of repairs.

 

It was moved by Trustee Kundinger and seconded by Trustee Nealy to award the contract for the 2003 Street Reconstruction Program to Payne & Dolan, Inc. in the amount of $269,808.15.  The motion carried unanimously.

 

It was moved by Trustee Kundinger and seconded by Trustee Krueger to amend the 2003 Street Reconstruction Program to include additional streets for reconstruction in the amount not to exceed $35,000. The motion carried unanimously

 

3)  Authorization to Lease Replacement Copier for Village Hall.

 

Trustee Kundinger informed that the Village is in need of a new copier and that Kathy Kasza, Village Treasurer/Comptroller, has reviewed three different pieces of equipment, and has recommended the Canon model printer from IKON Office Solutions.  He informed that the cost of the agreement with IKON would be within the 2003 budget amount.

 

It was moved Trustee Kundinger and seconded by Trustee Nealy to approve the 5-year lease agreement for the Village Hall Copy Machine from IKON Office Solutions. The motion carried unanimously.

 

4)  Consideration of Vouchers

 

It was moved by Trustee Kundinger and seconded by Trustee Nealy to approve for payment Check Numbers 40613 to 40661, Check Numbers 40662 to 40693, Check Numbers 40694 to 40736, Check Numbers 40779 to 40813 in the amount of $328,463.86 and to ratify for payment, invoices due on or before May 19, 2003, in the amount of $12,946.53, aggregating a total amount of $341,410.39.  The motion carried unanimously.

 

K)        Personnel Committee – Trustee Baker

 

No Meeting.

L)        Visioning Committee – Village Manager Russell Van Gompel

 

No additional report provided.

 

VI.       Unfinished Business

 

None.

 

VII.     New Business

 

A)        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”

 

Mr. Van Gompel outlined the proposed preliminary resolution, and explained that this resolution would enable the Village to levy a special assessment against the property which would benefit from the installation or the improvements of the new culverts and driveway approaches.  He requested that the Board consider this preliminary assessment resolution, and establish June 19, 2003, as a public hearing date for this matter. 

 

Larry Neitzel explained that a public meeting was already held on this matter last fall, and that the project had already been reviewed with the residents.  He explained that the residents were also given notice that this project would take place this year.

 

The overall consensus of the Board was that background information on this matter was lacking, and therefore, the Board did not feel comfortable making a motion at this time. 

 

Mr. Van Gompel pointed out that this matter was not urgent, and he assured the Board that he would provide more background information on this issue.

 

No action was taken on this issue.

 

VIII.    Committee Appointments

 

President Jaberg recommended the reappointment of Mike Forbes to a three-year term on the Board of Appeals and Tim Kuczynski to a three-year term on the Park and Recreation Committee.

 

It was moved by President Jaberg and seconded by Trustee Krueger to confirm the reappointments.  The motion carried unanimously.

 

President Jaberg pointed out that she is currently in the process of contacting one more person for reappointment and is also working on recruiting for the remaining committee vacancies.  She asked the Board to forward to her the names of individuals who may be interested to serve on the Finance & Public Works Committee, Traffic & Public Safety Committee, or Beautification Committee.

 

 

IX.       Village President's Report

 

President Jaberg reported that she attended the ICC Meeting on May 12, 2003.  ICC took action on the MCFLS issue and the MMSD Executive Council reviewed the Green Spaces program at MMSD.  She further reported that MMSD had a large Rain Event two weeks ago, in which there was no over-full capacity or any dumping.

 

She mentioned that the Community Development Block Grant Sub-Committee will have more money allocated to them this year.  She further informed that the group is currently attempting to do more out-reach in order to bring more money back into the Village of Brown Deer.  She reported that out-reach sessions will be held on May 28, 2003, May 29, 2003, and the session in the North Shore will be May 30, 2003, at the North Shore Library at 1:30 p.m.  She reported that at these sessions, the Community Development Block Grant Sub-Committee will be asking non-profits, senior groups, youth-oriented groups, and anyone else who qualifies to come to these meetings to apply for the county half of the funds and give ideas as to how money could be best spent throughout the community.

 

X.        Village Manager's Report

 

Mr. Van Gompel reported that he also attended the ICC meeting, and immediately after, attended the Governor’s Metro Milwaukee Economic Roundtable.  He informed that at this meeting the Governor made a short presentation regarding economic development in the Milwaukee area and the State of Wisconsin.

 

Mr. Van Gompel stated that in January of 2003, the Village Board approved a liquor license change for Rainbow Foods to a new company called QVS Food Group Limited Liability Corporation.  He recently received a telephone call from a representative of the QVS Food Group.  He reported that the Village received an application from two partners who wish to initiate a new round of negotiations with Fleming to continue a grocery store at this location.

 

He reported that as of May 19, 2003, the Village received an official notice from Fleming under state statutes announcing their plan to discontinue operations.  He pointed out that there is still some limited hope that this sale could occur, but there would be no interruption in customer service.

 

He also informed that the Village has received resident complaints in regards to coyotes, and he informed that the Police department is currently exploring different options to alleviate these complaints, and once the options have been determined, a presentation would be made to the Board.

 

XI.       Recess into Closed Session pursuant to §19.85 (1)(c) Wisconsin Statute for the following reasons:

 

(c)        Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility.

 

 

It was moved by Trustee Kundinger and seconded by Trustee Krueger to recess into closed session pursuant to §19.85 (1)(c) Wisconsin Statute for the reasons stated in the agenda.  The motion carried unanimously at 9:32 P.M.

 

XII.     Reconvene into Open Session for Possible Action on Closed Session Deliberations

 

It was moved by Trustee Schilz and seconded by Trustee Nealy to reconvene into open session for possible action on closed session deliberations.  The motion carried unanimously at 10:27 P.M.

 

XIII.    Adjournment

 

It was moved by Trustee Nealy and seconded by Trustee Schilz to adjourn.  The motion carried unanimously at 10:28 P.M.

 

 

 

_______________________________

Russell Van Gompel, Village Manager