VILLAGE OF GERMANTOWN MEETING MINUTES MAY 16, 2011 VILLAGE HALL BOARD ROOM

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1 VILLAGE OF GERMANTOWN MEETING MINUTES VILLAGE HALL BOARD ROOM CALL TO ORDER The meeting was called to order at 7:50 p.m. ROLL CALL Members present: President Wolter, Trustees Baum, Hughes, Kaminski, Vanderheiden, Werderman, and Zabel. Absent were Trustees Wing and Ewert. Also present were Administrator Schornack, Attorney DeStefanis and Clerk Knaack. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was given. PRESIDENT S REPORT None at this time ANNOUNCEMENTS OF FORTHCOMING EVENTS OF PUBLIC INTEREST/ COMMITTEE REPORTS Upcoming meetings were announced. CITIZEN INPUT/PUBLIC APPEARANCE on items not subject to a public hearing Chris Yatchak appeared before the Board to remind everyone of Mai Fest this weekend. CONSENT AGENDA A. MINUTES 1. May 2, 2011 B. ACCOUNTS PAYABLE/PAYROLL 1. Payroll Hourly May 10, 2011 $215, Accounts Payable May 10, 2011 $590, Payroll Salary Apr. 29, 2011 $ 74, Payroll Salary May 13, 2011 $ 77, April 2011 Accounts Payable $254, C. OPERATOR (BARTENDER) LICENSES B new licenses for the period ending June 30, 2011: None at this time. The following items were forwarded from the Public Safety Committee with a unanimous recommendation: D. DANCE LICENSE KLAVIER LOUNGE KRISTIN PETERS, AGENT The following items were forwarded from the Public Works Committee with a unanimous recommendation: E. AUTHORIZATION TO REPAIR TRUCK #422 F. ORDINANCE REVISIONS TO CHAPTER 8 DRIVEWAY/CULVERT PERMITS G. UNDERGROUND FUEL TANK UPGRADES MAIN STREET AND OLD FARM LIFT STATIONS H. MMSD MUNICIPAL STORM WATER BEST MANAGEMENT PRACTICES ALLOCATION TRANSFER TO PP I\I PROGRAM

2 PAGE 2 CONSENT AGENDA continued The minutes were removed from the consent agenda. Motion by Vanderheiden second by Werderman to accept the consent agenda. Roll call vote was taken, all present voted aye. Motion carried. Motion by Zabel second by Baum to correct the minutes as follows: Under easements related to the Grace Church project it should state Motion by Zabel second by Ewert to grant the Village President the right to sign the easements after the Village Attorney updates them to Village standards. All present voted aye. Motion carried. UNFINISHED BUSINESS PUBLIC HEARINGS 7:00 P.M. OR LATER AMERICAN DESIGN & BUILD, INC., AGENT FOR RAFRAD LLC, AND WISCONSIN STAMPING & MANUFACTURING, PROPERTY OWNER FOR A CONDITIONAL USE PERMIT FOR THE DEVELOPMENT AND OPERATION OF A METAL WORKING BUSINESS OPERATION ON A ACRE PARCEL LOCATED WITHIN THE GROUNDWATER PROTECTION OVERLAY ZONING DISTRICT AT N110 W13455 NORTH PATTON COURT IN THE GERMANTOWN BUSINESS PARK PURSUANT TO SECTION II(2)(B) OF THE VILLAGE ZONING CODE Planner Retzlaff gave a presentation on the proposed conditional use permit The Public Hearing was opened at 8:00 p.m. With no one appearing for or against, the Public Hearing was closed at 8:01 p.m. DR. ROBERT GRZYBOWSKI, DDS, AGENT FOR GREAT LAKES DENTAL LLC, AND WERNER GEIGER, ALPINE BUSINESS CENTER LLC, PROPERTY OWNER FOR A CONDITIONAL USE PERMIT FOR THE OPERATION OF A DENTAL CLINIC IN THE ALPINE BUSINESS CENTER IN THE GERMANTOWN INDUSTRIAL PARK PURSUANT TO SECTION 17.33(3)(H) AND 17.29(1)(VU) OF THE VILLAGE ZONING CODE FOR THE PROPERTY LOCATED AT W188 N11927 MAPLE ROAD SUITE 12 Planner Retzlaff gave a presentation on the proposed conditional use permit. The Public Hearing was opened at 8:05 p.m. With no one appearing for or against, the Public Hearing was closed at 8:06 p.m. DANIEL & TONIA AIKEN, PROPERTY OWNERS FOR A REZONING APPLICATION TO REZONE THE FOLLOWING DESCRIBED PROPERTY FROM THE A-1 AGRICULTURAL DISTRICT TO THE RS-1 SINGLE FAMILY RESIDENTIAL DISTRICT PURSUANT TO SECTION OF THE VILLAGE ZONING CODE ON THE PROPERTY LOCATED AT PLEASANT VIEW DRIVE (1/2 MILE NORTH OF FREISTADT ROAD) Planner Retzlaff gave a presentation on the proposed rezoning application. The Public Hearing was opened at 8:10 p.m. With no one appearing for or against the Public Hearing was closed at 8:10 p.m.

3 PAGE 3 PUBLIC HEARINGS 7:00 P.M. OR LATER continued VILLAGE OF GERMANTOWN PLANNING DEPARTMENT FOR PROPOSED ZONING CODE TEXT AMENDMENTS TO SECTION (B-1: NEIGHBORHOOD BUSINESS DISTRICT), SECTION (CONDITIONAL USES) AND (SIGNS) OF THE VILLAGE OF GERMANTOWN MUNICIPAL CODE Planner Retzlaff gave a presentation on the proposed text amendments. The Public Hearing was opened at 8:15 p.m. Doris Bauer appeared before the Board and expressed she is opposed to the zoning changes. Bob Ingelstein appeared before the Board and stated he disagrees with the zoning change. He stated the property in back of the bank shouldn t be rezoned. Audrey Poole appeared before the Board and stated she is speaking for everyone in the condo complex. She stated there is too much traffic already and is in opposition to the rezoning. Planner Retzlaff explained this will not change the zoning, but make the zoning all the same. He stated if there is a proposed development, the property owner would need a conditional use permit. This is not a change in zoning, but a change in the wording for zoning. With no one else appearing for or against, the Public Hearing was closed at 8:18 p.m. NEW BUSINESS CONDITIONAL USE PERMIT - AMERICAN DESIGN & BUILD, INC., AGENT FOR RAFRAD LLC, AND WISCONSIN STAMPING & MANUFACTURING, PROPERTY OWNER Motion by Baum second by Vanderheiden to grant the conditional use permit with the seven recommendations listed in the conditional use permit. All present voted aye. Motion carried. CONDITIONAL USE PERMIT - DR. ROBERT GRZYBOWSKI, DDS, AGENT FOR GREAT LAKES DENTAL LLC, AND WERNER GEIGER, ALPINE BUSINESS CENTER LLC, PROPERTY OWNER Motion by Baum second by Werderman to grant the conditional use permit with the recommendations listed in the permit. All present voted aye. Motion carried. REZONING APPLICATION and CSM - DANIEL & TONIA AIKEN, PROPERTY Motion by Baum second by Kaminski to approve the rezoning application and CSM. All present voted aye. Motion carried. ORDINANCE - VILLAGE OF GERMANTOWN PLANNING DEPARTMENT Motion by Baum second by Hughes to accept the zoning amendment for only. Existing drive through facilities in the B1 Zoning District Roll call vote was taken with Vanderheiden and Werderman voting aye, all else nay. Motion lost. Motion by Baum second by Hughes to accept the zoning amendment for All present voted aye. Motion carried. Motion by Baum second by Hughes to accept the zoning amendment for All present voted aye. Motion carried.

4 PAGE 4 NEW BUSINESS continued Trustee Ewert arrived at this time (8:45 p.m.) PDD AMENDMENT JBJ COMPANIES, INC., AND FOUNTAIN SQUARE LLC; Motion by Vanderheiden to approve the PDD amendment. The signs are internally illuminated Scott Bence appeared before the Board to talk about vegetation on the property. He also stated he has an excellent relationship with the residents of the condominium complex and that he has had no complaints to date. Motion by Zabel second by Baum to amend the motion to state the vegetatation on the property should be reviewed annually watching the growth from the bottom. All present voted aye to amend. Motion carried. All present voted aye on the motion as amended, motion carried. CSM VILLAGE OF GERMANTOWN BUSINESS PARK Motion by Baum second by Ewert to approve the CSM. All present voted aye. Motion carried. PRIVATE PROPERTY INFLO/INFILTRATION POLICY Motion by Kaminski second by Ewert to adopt the policy stating private lateral and other private property I/I remediation will be cost shared by the Utility with the Utility portion to come out of the annual allocation with the following formula which was agreed to at the Public Works Committee utility will cover 30% of repair/rehabilitation costs and offer a 10 year loan program for the balance at 4% A.P.R. and funding of repairs shall not exceed current total allocation of $209, or exceed successive years total allocation in the future. The Utility Advisory Committee recommendation was rejected by the Public Works Committee Roll call vote was taken, all present voted aye excepting Zabel nay. Motion carried. Motion by Baum second by Zabel to move to Item J. All present voted aye. Motion carried. CONSIDERATION OF AN INITIAL RESOLUTION REGARDING INDUSTRIAL DEVELOPMENT REVENUE BOND FINANCING FOR RAFRAD LLC. INFORMATION WITH RESPECT TO THE JOB IMPACT OF THE PROJECT WILL BE AVAILABLE AT THE TIME OF CONSIDERATION OF THE INITIAL RESOLUTION Motion by Baum second by Ewert to accept the Resolution. Roll call vote was taken, all present voted aye. Motion carried. Motion by Baum second by Zabel to move to Item L on the agenda. All present voted aye. Motion carried.

5 PAGE 5 NEW BUSINESS continued MOBILE HOME PARK LICENSES: AMERICAN MOBILE HOME COMMUNITIES WI LLC, MAPLE TERRACE MOBILE HOME PARK W211 N11863 HILLTOP DRIVE HILLTOP ASSOCIATES, LLC, BROOKSIDE MEADOWS, W211 N11810 HILLTOP CIRCLE HILLTOP ASSOCIATES, LLC, HILLTOP HIGHLANDS, W211 N11810 HILLTOP CIRCLE Motion by Baum second by Zabel to grant the above licenses. All present voted aye. Motion carried. Motion by Zabel second by Baum to move to Item H on the agenda. All present voted aye. Motion carried. SENIOR CENTER UNBUDGETED STAFFING REQUEST Park and Recreation Director Brett Altergott gave a presentation on the need for the staffing request at the Senior Center due to an upcoming medical leave. Motion by Baum second by Kaminski to allocate $4,000 out of the Senior Center reserve fund to cover the cost of temporary employees at the Senior Center. Roll call vote was taken, all present voted aye. Motion carried. PARKS & PUBLIC WATERS ORDINANCE MODIFICATION Brett Altergott, Park & Recreation Director gave a presentation on the Ordinance modification. Motion by Baum second by Vanderheiden to adopt the Ordinance. All present voted aye. Motion carried. JUNK DEALER LICENSE WM RECYCLE AMERICA, LLC W132 N10487 GRANT DRIVE Motion by Baum second by Kaminski to grant the license. All present voted aye. Motion carried. SEWER RATE UTILITY INCREASE Motion by Ewert second by Vanderheiden to grant the sewer utility rate increase of 15% in the third quarter of 2011 and 15% in the first quarter of Costs are going up and the reserve is going down The Village should be carrying a reserve of about a $2 million Roll call vote was taken, all present voted aye excepting Zabel nay. Motion carried.

6 PAGE 6 ADJOURN INTO CLOSED SESSION SS (1) (C) CONSIDERING EMPLOYMENT, PROMOTION, COMPENSATION OR PERFORMANCE EVALUATION DATA OF ANY PUBLIC EMPLOYEE OVER WHICH THE GOVERNMENTAL BODY HAS JURISDICTION OR EXERCISES RESPONSIBILITY VILLAGE ADMINISTRATOR S PERFORMANCE EVALUATION AND FORM & PROCEDURE Motion by Baum second by Zabel to adjourn into closed session. Roll call vote was taken, all present voted aye. Motion carried. It is noted that the Clerk was excused at this point and Trustee Zabel appointed to take minutes of the closed session. The time was 10:15 p.m. Respectfully submitted, Elizabeth Knaack Village Clerk