BROWN DEER VILLAGE BOARD

OCTOBER 20, 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: Askew, Baker, Kundinger, Krueger, Schilz

 

Excused:           Trustee Nealy

 

Also Present:    Russell Van Gompel, Village Manager; William Dineen, Village Attorney; Andy Pederson, Assistant Village Manager/Community Services Director; Kathryn Kasza, Administrative Services Director; Shawn Noel, Police Captain; Jesse Thyes, Planning/Zoning Specialist

 

II.        Pledge of Allegiance

 

III.       Persons Desiring to be Heard

 

John Gibbs, 8542 North 63rd Street, inquired about the YMCA gazebo conditional use permit and timeframe for the initial approval.  Mr. Van Gompel stated that the conditional use permit was initially issued in March of 2001.   The one-year review process is standard procedure for all conditional use permits that are issued.

 

V.         Consideration of Minutes:     October 6, 2003 - Regular Meeting

 

It was moved by Trustee Schilz and seconded by Trustee Kundinger to approve the October 6, 2003, regular meeting minutes. The motion carried unanimously.

 

VI.       Committee Reports

 

A)        Building Board - Trustee Krueger

 

No action required.

 

B)        Beautification Committee – Trustee Nealy

 

No action required.

 

C)        Park and Recreation Committee – Trustee Askew

 

No action required.  Trustee Askew requested that the meeting minutes be received in a timelier manner.

 

D)        4th of July Committee – Trustee Krueger

 

No action required.  Trustee Krueger stated that the theme for the 2004 celebration is “Celebrate Independence”.

 

E)        Ad Hoc Pond Committee – Village President Jaberg

 

No meeting.

F)         Traffic and Public Safety – Trustee Askew

 

No meeting.

 

G)        Library Board - Trustee Baker

 

No action required.  Trustee Baker stated that the Library Board discussed security concerns at the Library and the need to install security cameras to address these concerns.

 

H)        Community Development Authority – Village President Jaberg

 

No action required.  President Jaberg stated the CDA will be meeting Tuesday, October 21 at the School District Administration Building.

 

I)         Planning Commission – Village President Jaberg

 

1)      Planned Development Agreement with Tony and Julie Reno (Kurt Schulz Deli) for Outdoor Restaurant Seating at 8752 North Deerwood Drive.

 

President Jaberg reviewed the agreement and current review process.

 

It was moved by President Jaberg and seconded by Trustee Schilz to approve the Planned Development Agreement with Tony and Julie Reno (Kurt Schulz Deli) for Outdoor Restaurant Seating at 8752 North Deerwood Drive.  The motion carried unanimously.

 

2)      Development Plan for a Retail Fabric Shop within the Original Village Planned Development Zoning District at 8669 North Deerwood Drive, requested by Michael and Linda Benson.

 

President Jaberg reviewed the proposal.  President Jaberg stated that the draft development plan had not been seen by the Planning Commission due to outstanding code compliance issues, but that the Planning Commission recommended conceptual approval of the proposal.  Mr. Pederson stated that no exterior modifications to the building would be made outside of the approved code correction issues related to the exterior staircase.  President Jaberg requested that the development agreement be subject to review and approval of the police and fire departments.

 

It was moved by Trustee Krueger and seconded by Trustee Schilz to approve the Development Plan for a Retail Fabric Shop within the Original Village Planned Development Zoning District at 8669 North Deerwood Drive, requested by Michael and Linda Benson, subject to review and approval by the Police and Fire Departments.  The motion carried unanimously.

 

3)      Conditional Use Permit to the YMCA of Metro Milwaukee, Schroeder Branch for a Wood Gazebo for Nature Study at 9250 North Green Bay Road.

 

President Jaberg reviewed the proposal and stated that staff has visited the site and received no complaints regarding this conditional use permit.

 

It was moved by President Jaberg and seconded by Trustee Krueger to approve the Conditional Use Permit to the YMCA of Metro Milwaukee, Schroeder Branch for a Wood Gazebo for Nature Study at 9250 North Green Bay Road.  The motion carried unanimously.

 

4)      Amendment to the Conditional Use Permit to Allow an Extension of the Hours of Operation for Hospitality Child Care, Inc. within the Bradley Village Shopping Center, at 4323 West Bradley Road.

 

President Jaberg reviewed the proposal to extend the hours of operation of the day care to 11 p.m.  President Jaberg reviewed the Planning Commission debate and recommendation, and discussed the family friendliness of this proposal.  Mr. Thyes additionally reviewed the proposal and reviewed several safety concerns received from the Police Department.  Trustee Krueger inquired about current hours of operation.  Mr. Thyes stated that the Conditional Use Permit allowed the day care to be open to 7:30 p.m.  Trustee Baker expressed concerns related to adequate lighting to ensure safety in the parking lot.  Trustee Kundinger expressed safety concern issues and stated that the Village should be concerned first with the health, safety and welfare foremost and as a secondary consideration, the family friendliness of the proposal. 

 

Mr. Dineen inquired as to whether the Planning Commission considered whether this change was determined to be “significant” and therefore required a public hearing.  Mr. Thyes stated that the Planning Commission did not discuss this issue, and the process for this review was similar to previous processes. 

 

Mr. Thyes and Captain Noel discussed Police Department concerns with the proposal.  Mr. Pederson stated that the extension of hours to 11 p.m. was modified from 11:30 p.m. at the meeting by the applicant and several concerns were raised and discussed at that time and several additional issues still need to be addressed.

 

Mr. Dineen recommended the Village Board approve the original conditional use permit and should the applicant wish to apply for an extension of hours, submit an amendment to the conditional use permit. 

 

It was moved by President Jaberg and seconded by Trustee Schilz to approve the Conditional Use Permit for Hospitality Child Care, Inc. within the Bradley Village Shopping Center, at 4323 West Bradley Road, as originally approved.  The motion carried unanimously.

 

J)         Finance and Public Works Committee – Trustee Krueger

 

1)                  Finance and Public Works Committee Responsibilities

 

Trustee Krueger reviewed the proposal.  The Board discussed the modifications to the Ordinance.  Mr. Dineen recommended several changes to the Ordinance, including changing references to amending the Ordinance to “repealing” and “recreating”.

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Ordinance No. 03-, “An Ordinance to repeal and recreate Section 2-11.05 of Article 11, Chapter II, Volume I of the Village of Brown Deer Code, Functions and Duties..  The motion carried unanimously

 

2)                  Village Purchasing Policy

 

Ms. Kasza reviewed the proposed policy and the change from Ordinance to policy.  Mr. Van Gompel detailed the proposed changes to the policy.  President Jaberg inquired with the trustees serving on the Committee as to the direction they provide staff in preparing bids and specifications.  President Jaberg inquired about Village purchasing cards.  Mr. Van Gompel stated that the purchasing card policy is a separately prepared and approved policy.  Mr. Dineen recommended changes to the Ordinance, including changing references to amending the Ordinance to “repealing” and “recreating”.

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Ordinance 03-, An Ordinance to Repeal and Recreate Section 3-1.06(B) and (E) and Repeal Section 3-1.06 (C) and (D), of Article 1, Chapter III, Volume I of the Village of Brown Deer Village Code, “Powers and Limitations”, as amended.  The motion carried unanimously.

 

Mr. Dineen recommended changes to the policy.  Mr. Van Gompel stated that staff would discuss the proposed changes and bring the policy back to the Village Board when completed.

 

3)                  Resolution No. 03-, “Initial Resolution Authorizing $1,745,000 General Obligation Bonds for Refunding Purposes”

 

Trustee Krueger reviewed the Resolution and highlighted the cost savings associated with the Resolution.  Brad Vagut, financial advisor for Robert W. Baird Co., reviewed the proposal and discussed the timeline for proceeding.

 

It was moved by Trustee Krueger and seconded by Trustee Schilz to approve Resolution No. 03-, “Initial Resolution Authorizing $1,745,000 General Obligation Bonds for Refunding Purposes”.  The motion carried unanimously.

 

4)                  Resolution No. 03-, “Providing for the Sale of not to Exceed $1,745,000 General Refunding Bonds”

 

Trustee Krueger reviewed the Resolution as a follow up to the previous agenda item. 

 

It was moved by Trustee Krueger and seconded by Trustee Schilz to approve Resolution No. 03-, “Providing for the Sale of not to Exceed $1,745,000 General Refunding Bonds”.  The motion carried unanimously.

 

5)                  Village Code Recodification

 

Mr. Pederson reviewed the proposal and the recodification process.

 

It was moved by Trustee Krueger and seconded by Trustee Schilz to approve the recodification of the Village Code by Municipal Code Corporation in an amount not to exceed $10,000; plus a $495 conversion fee and annual web site hosting fee of $300.  The motion carried unanimously.

 

6)                  Library Lighting

 

Trustee Krueger reviewed the proposal and the long-term cost savings associated with the proposal.

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to accept the proposal from Energy Consultants of Wisconsin to provide the Library lighting upgrade in the amount not to exceed $5,000.  The motion carried unanimously.

 

7)                  Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the Arbon DriveWest Green Brook Drive Street Lighting System

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the Arbon Drive – West Green Brook Drive Street Lighting System.  The motion carried unanimously.

 

8)                  Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the Brown Deer Business Park Subdivision Street Lighting System”

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the Brown Deer Business Park Subdivision Street Lighting System.  The motion carried unanimously.

 

9)                  Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of Brown Deer Corporation Park Subdivision Street Lighting System”

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of Brown Deer Corporation Park Subdivision.  The motion carried unanimously.

 

10)              Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the North Kildeer CourtWest Brown Deer Road Street Lighting System”

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the North Kildeer Court – West Brown Deer Road Street Lighting System.  The motion carried unanimously.

 

11)              Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the Opus North Subdivision Street Lighting System”

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the Opus North Subdivision Street Lighting System.  The motion carried unanimously.

 

12)              Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the Park Plaza & Addn. #1 Subdivisions Street Lighting System”

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Resolution No. 03-, “Assessing the Electric Energy and Maintenance Costs of the Park Plaza & Addn. #1 Subdivisions Street Lighting System.  The motion carried unanimously, with President Jaberg abstaining.

 

13)              Resolution No. 03-, “In the Matter of Amending the Village of Brown Deer 2003 Annual Budget”

 

Mr. Van Gompel reviewed the proposed amendments.  Mr. Pederson reviewed the tasks and goals for the internship position for the remainder of 2003.  Trustee Askew inquired about what would occur if these expenditures were not made.  President Jaberg expressed concerns that the continuation of this position would lead to the creation of a new position.  Mr. Van Gompel stated that the internship is being proposed to be eliminated in June 2004 as part of the 2004 budget.

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Resolution No. 03-, “In the Matter of Amending the Village of Brown Deer 2003 Annual Budget”.  The motion passed four to two, with President Jaberg and Trustee Askew voting no.

 

14)              Consideration of Vouchers

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve for payment Check Numbers 41833 to 41891, Check Numbers 41892 to 41938, Check Numbers 41939 to 41971, Check Numbers 42002 to 42064, Check Numbers 42065 to 42095 in the amount of $525,979.34 and to ratify for payment, invoices due on or before October 20, 2003, in the amount of $26,537.82, aggregating a total amount of $552,517.16.  The motion carried unanimously.

 

K)        Personnel Committee – Trustee Baker

 

No action required.

 

VII.      Unfinished Business

 

None.

 

VIII.        Committee Appointments

 

President Jaberg stated that she would like to have Mr. Esche continue in his dual capacities as Book-keeper and Water Commission member until such time as she is able to discuss the issue with the affected parties.

 

President Jaberg stated that she had received an application from Wayne Parker for the Beautification Committee.

 

It was moved by President Jaberg and seconded by Trustee Krueger to approve the appointment of Wayne Parker to the Beautification Committee.  The motion carried unanimously.

 

VIII.    New Business

 

A)                2004 Budget

 

Mr. Van Gompel reviewed his memorandum dated October 20, 2003, detailing his budget message and the forthcoming review process.  Mr. Van Gompel stated that his proposed budget includes a balanced budget in which revenue equals expenditures and does not increase the tax levy.  Mr. Van Gompel reviewed the 2004 summary of proposed changes. 

 

IX.       Village President's Report

 

President Jaberg reported on the following items:

 

Attended various meetings, including the Chamber of Commerce meeting and ICC meeting.

 

Attended the Chamber of Commerce Expo, and commented that the Village was well represented at the Expo.

 

Received a map of the Milwaukee County Board of Supervisors redistricting map.

 

Encouraged Trustees to participate in the United Way contribution program.

 

Amendment #4 for the North Shore Fire Department was approved by six of the seven communities, with Village of Fox Point not approving the amendment.

 

X.         Village Manager's Report

 

Mr. Van Gompel reported on the following items:

 

Distributed an article received from the National Multi-Housing Coalition

 

Provided an update on the Green Bay Road and Schroeder Drive traffic signal installation project.

 

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

 

(g)         Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.

 

It was moved by Trustee Kundinger and seconded by Trustee Schilz to Recess into Closed Session pursuant to §19.85 (1)(g) Wisconsin Statutes at 9:50 p.m.   The motion passed unanimously.

 

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

 

It was moved by Trustee Schilz and seconded by Trustee Kundinger to Reconvene into Open Session for Possible Action on Closed Session Deliberations at 10:20 p.m.   The motion passed unanimously.

 

XIII.   Adjournment

 

It was moved by Trustee Schilz and seconded by Trustee Krueger to adjourn at 10:21 p.m.   The motion passed unanimously.

 

 

 

_______________________________

Russell Van Gompel, Village Manager

 

 

 

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