-AMENDED-

BROWN DEER VILLAGE BOARD

APRIL 19, 2004 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, Nealy, Schilz

 

Excused:           None

 

Also Present:    Russell Van Gompel, Village Manager; William Dineen, Village Attorney; Andy Pederson, Assistant Village Manager/Community Services Director; Jesse Thyes, Planning and Zoning Specialist

 

II.        Pledge of Allegiance

 

III.             Public Hearing

 

A)                Text Amendment to Section 4-4.02 of the Village of Brown Deer Zoning Code to Allow Exterior Storage of Merchandise and Supplies on Commercial Properties

 

The public hearing opened at 7:32 p.m.  Mr. Thyes reviewed the proposed text amendment.  Tom Cunningham, Attorney representing Sterling True Value, explained the rationale and need for the request.  Mr. Cunningham expressed the need for outdoor storage of materials. 

 

John Hanson, 4834 West Calumet Road, discussed how the Village has changed since 1948, when he became a resident in the Village.  Mr. Hanson discussed the proposed change and how local rules of the Village impact small business owners. 

 

Roland Davis, 7751 North Teutonia Avenue, also discussed the changes and provided a historical perspective of development on North Teutonia Avenue in Brown Deer.  Mr. Davis expressed support for the proposal, and the positive impact the display of merchandise has on the community. 

 

Linda Burnhart, 7658 North 45th Street, expressed support for the proposal and the need for improvements on the south side of the Village.  The public hearing was closed at 7:45 p.m. 

 

B)                Text Amendments to the Village of Brown Deer Zoning Code Regarding “Financial Institutions” and “Loan Offices”

 

The public hearing opened at 7:45 p.m.  Mr. Thyes reviewed the proposed text amendment.  John Gibbs, 8542 North 63rd Street, expressed concerns with regard to the amount of “payday lending stores” within the Village, and expressed support for a prohibition of said establishments.  The public hearing was closed at 7:51 p.m. 

 

IV.              Persons Desiring to be Heard

 

Bob Moranski, 4618 West Spring Lane, requested to be heard on item VIII.C.

 

Don Uebelacker, 6195 West Plaza Circle, responded to a letter presented by Trustee Kruger at the April 5, 2004, meeting.  Mr. Uebelacker explained that he was not interested in initiating or participating in a recall of any trustee.  Mr. Uebelacker also stated that the subject of recall did not come up in the conversation with Trustee Krueger.  Mr. Uebelacker presented the Village Board with a prepared letter in response to the previous correspondence by Trustee Krueger.   

V.         Consideration of Minutes:     April 5, 2004 – Regular Meeting

 

It was moved by Trustee Kundinger and seconded by Trustee Schilz to approve the April 5, 2004, regular meeting minutes.  The motion carried unanimously.

 

VI.       Committee Reports

 

A)        Building Board - Trustee Krueger

 

Trustee Krueger updated the Board on the approval activities of the Building Board and construction within the Donges Woods subdivision.

 

B)        Beautification Committee – Trustee Nealy

 

No action.  Trustee Nealy reported on the activities of the last meeting and donations received for various Beautification Committee initiatives.

 

            C)        Park and Recreation Committee – Trustee Askew

 

No meeting.

 

D)        4th of July Committee – Trustee Krueger

 

Trustee Krueger stated the Committee has confirmed the disc jockey for the event, and is further exploring other entertainment for the event.  Trustee Krueger discussed the evaluation of bids for the fireworks for the celebration.

 

E)        Ad Hoc Pond Committee – Village President Jaberg

 

No meeting. 

 

F)         Traffic and Public Safety – Trustee Askew

 

No meeting.

 

G)        Library Board - Trustee Baker

 

Trustee Baker reported on recent Milwaukee County Federated Library System discussions.  Trustee Baker indicated that the security cameras are set to be installed within the next month.

 

H)        Community Development Authority – Village President Jaberg

 

President Jaberg reported that the Community Development Authority will meet on Wednesday, April 21.

 

I)         Plan Commission – Village President Jaberg

 

No meeting.

 

J)         Finance and Public Works Committee – Trustee Kundinger

 

1)         Milwaukee County Transit Shelters

 

Trustee Kundinger reviewed the proposal to install three Milwaukee County transit shelters through their “donated shelter” program on Green Bay Road.  Trustee Kundinger reviewed the discussion regarding the aesthetics versus the cost of the proposed shelter. Trustee Krueger inquired about the costs associated with the proposal.  Mr. Pederson provided additional information with regard to the proposal, and further stated that the cost per shelter was $1,100 with funding provided through the Community Development Block Grant program. 

 

President Jaberg discussed the proposed locations for the shelters.  President Jaberg also discussed the potential of soliciting donations for the shelters.  Trusty Nealy discussed the aesthetics of the current situation.  Trustee Askew discussed the aesthetic and funding issues related to the shelter.  Trustee Schilz expressed concern over the aesthetic value of the shelter and the potential for vandalism. 

 

Mr. Pederson reviewed the ridership information for each of the discussed stops.  President Jaberg requested that the northbound stops be eliminated; that additional alternatives for shelters be explored for the southbound location; that the aesthetics of the shelters be discussed with the Beautification Committee and Building Board; and requested a picture of the Milwaukee County shelter with a garbage receptacle attached. 

 

2)         Village Hall Roof Replacement

 

Mr. Pederson reviewed the proposal for the replacement of the Village Hall roof. 

 

It was moved by Trustee Kundinger and seconded by Trustee Krueger to Approve the Village Hall Roof Replacement bid in the amount of $135,086 to Pioneer Roofing, LLC with the allocation of additional Capital Improvement Funds in the amount of $5,086.   The motion carried unanimously.

 

3)         Consideration of Vouchers

 

It was moved by Trustee Kundinger and seconded by Trustee Krueger to approve for payment Check Numbers 43501 to 43539, Check Numbers 43540 to 43602, Check Numbers 43603 to 43663, Check Numbers 43704 to 43751, Check Numbers 43758 to 43814 in the amount of $713,437.57 and to ratify for payment, invoices due on or before April 19, 2004, in the amount of $9,531.18, aggregating a total amount of $722,968.75.  The motion carried unanimously.

 

K)        Personnel Committee – Trustee Baker

 

Trustee Baker provided an update on the Employee Personnel Manual.  Trustee Baker also reviewed three new policies that were discussed at the meeting. 

 

VII.      Unfinished Business

 

None.

 

VIII.    New Business

 

A)                Ordinance No. 04-, “An Ordinance to Repeal and Recreate, Repeal, Amend and Create Various Sections of Section 4-4.02 of the Village of Brown Deer Zoning Code to Allow Exterior Storage of Merchandise and Supplies on Commercial Properties”

 

Trustee Krueger inquired about the possibility of establishing a conditional use permit and/or restrictions for allowing outdoor storage.  Mr. Pederson reviewed the discussion at the Plan Commission and concerns expressed regarding enforcement of such proposals. 

 

Trustee Baker inquired whether displaying sample bins similar to Menards was a possibility. 

 

President Jaberg reviewed the discussions and stipulations during the approval process for the construction of the new building.  Trustee Askew inquired whether the Building Board has reviewed the aesthetics of the area.  Trustee Krueger stated that while he did not support changing the zoning for one specific business, he inquired about different possibly solutions for businesses throughout the community.  Trustee Krueger discussed how an outdoor storage conditional use permit would differ from a permit for outdoor seating. 

 

Mr. Sterling stated that the fenced outdoor storage area at his location was not big enough, and that he would have made it bigger if the Village had not required the amount of parking which was constructed.  Mr. Sterling expressed the need to have the product displayed out in front of the store as a point of sale, and the product was only displayed on a seasonable basis.  Mr. Sterling provided pictures of similar operations from businesses in different communities.

 

Trustee Schilz reviewed the discussion at the Plan Commission meeting.  President Jaberg indicated the need to uphold and maintain the standards of the community. 

 

Trustee Krueger recommended that the applicant work with staff to develop a potential solution suitable to all parties.  Trustee Nealy expressed the need to apply all laws consistently.  Trustee Kundinger expressed support for exploring additional alternatives.  Mr. Dinnen reviewed the options and discretion the Village Board has in making a decision. 

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to deny the current request, direct staff to research additional alternatives, and refer the matter back to the Plan Commission for consideration.   The motion carried unanimously.

 

B)                Ordinance No. 04-, “An Ordinance to Repeal and Recreate, Repeal, Amend and Create Various Sections of the Village of Brown Deer Zoning Code, Related to “Financial Institutions””

 

Trustee Schilz reviewed the proposed change and discussion to date.  Trustee Schilz expressed support for the clarification in definitions and establishing a formal review process for loan offices.  Mr. Dineen indicated that Governor Doyle recently vetoed regulations on payday lending stores, stating in part that the proposed legislation was among the weakest in the country and stronger regulatory changes are needed.  Mr. Dineen indicated that that proposed ordinance clarifies ambiguities in the Village Code, and helps to regulate these types of businesses within the community. 

 

President Jaberg reviewed discussion on the issue at a recent ICC meeting. 

 

It was moved by Trustee Krueger and seconded by Trustee Kundinger to approve Ordinance No. 04-, “An Ordinance to Repeal and Recreate, Repeal, Amend and Create Various Sections of the Village of Brown Deer Zoning Code, Related to “Financial Institutions””.  The motion carried unanimously.

 

C)                Resolution No. 04-, “A Resolution of Appreciation for Yvonne Nealy

 

Bob Moranski, 4618 West Spring Lane, stated that he wanted to publicly thank Trustee Nealy for her time well served as a Village Trustee.  He stated that she always made sound decisions that included the entire community.  President Jaberg reviewed the Resolution.  Trustee Nealy expressed her appreciation to Mr. Van Gompel as well as the Village Board members she has worked with during her terms as Trustee.

 

IX.       Village President’s Report

 

President Jaberg reported on the following:

 

Attended the North Shore Fire Department Board of Directors meeting.

 

Efforts on Committee nominations and appointments, as well as requested that any Trustee who had an interest in serving on the 50th Anniversary Committee should contact the Village President.

 

The ICC meeting was held today, and the next meeting would be on May 10 to discuss legislative tax restriction efforts.

 

X.         Village Manager’s Report

 

Mr. Van Gompel reported on the following:

 

The League of Wisconsin Municipalities regional dinner meeting will be held in May and interested trustees should let Mr. Van Gompel know for registration purposes. 

 

The Village received recognition again as a Tree City USA, and also discussed upcoming efforts regarding Arbor Day.

 

Received a summons from Small Claims Court regarding Trustee Askew’s driveway and culvert work.

 

XI.       Recess into Closed Session pursuant to §19.85 (1)(c) Wisconsin Statutes 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 Nealy and seconded by Trustee Krueger to Recess into Closed Session pursuant to §19.85 (1)(c) Wisconsin Statutes at 9:37 p.m.   The motion passed unanimously.

 

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

 

It was moved by Trustee Nealy and seconded by Trustee Krueger to Reconvene into Open Session for Possible Action on Closed Session Deliberations at 10:15 p.m.  The motion passed unanimously.

 

XIII.    Adjournment

 

It was moved by Trustee Nealy and seconded by Trustee Krueger to adjourn at 10:16 p.m.   The motion passed unanimously.

 

 

 

_______________________________

Russell Van Gompel, Village Manager

 

 

 

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