Board members present: Bill Hamm, Don Dohrwardt, Larry Palm, and Joe Short. Also present: Bruce Laabs, Steve Bruskiewicz, and Mark Jaeger. Arriving later: Board members Larry Waskiewicz and Chris Kunstmann. Also arriving later: Nancy Washburn.

The public hearing on the rezoning request for the Village Green Subdivision was called to order at 7:02 p.m. The public hearing was to hear the public comment and reaction to the proposed rezoning of the Village Green Subdivision to single family, two family, multi family and commercial zoning districts. No comments were received.

The public hearing adjourned and the village board convened at 7:03 p.m.

A moment of silence was taken to remember trustee Ted Slaby who passed away on July 30, 2005.

Consent Agenda: Village Board Minutes, Payment of Bills, Treasurer and Utility Reports With the addition of a bill for $209.41 for Fredonia Citgo, the July 21, 2005 village board minutes, General Fund, Water and Sewer bills, and treasurer and utility reports were approved on a MOTION by Short, seconded by Palm, and carried unanimously. (Waskiewicz arrived at 7:05 p.m.)

Operator licenses for Mark Gamerdinger and April Young were approved on a MOTION by Short, seconded by Dohrwardt, and carried

Because of false statements on the application, the operator’s license for Joshua Hoffman was denied based on the recommendation of the village marshal, on a MOTION by Short, seconded by Dohrwardt, and carried unanimously.

The contract with Onyx for trash removal was reviewed. The contract is effective January 2, 2003 through July 31, 2008. There is no automatic renewal clause in the contract.

Unfinished Business – Ordinance No. 2005-09 Pertaining to Sexually Oriented Businesses A MOTION was made by Dohrwardt, seconded by Short, to have Ordinance No. 2005-09 remain on the table until all the questions are answered by the village attorney. Motion carried.

The village board approved the appointment of Bruce Laabs to fill the vacant trustee position on a MOTION by Dohrwardt, seconded by Short, and carried. Bruce Laabs was sworn into office.

Steve Bruskiewicz presented the preliminary plat for Village Green noting that the comments of the village engineer have been addressed. He stated that the Kyle Steffen land is under contract, as is the Niebler property. This will allow them completion of North Milwaukee Street. Short questioned the area of Lot 18, 21, 78 and 91. Each lot is a corner lot and has only 16,000 square feet. Corner lots in Rs-1 zoning need a total area of 17,000 square feet. Bruskiewicz stated that these lots will be corrected with the final plat approval. Outlot 2 is designed for stormwater. A forty foot landscape berm will surround the stormwater pond. (Kunstmann arrived) It is designed with a shelf so it is not deep at the edges and is designed to hold water. The stormwater pond will be owned and maintained by the Village Green Homeowner’s Association. Bruskiewicz stated that if the grass is left high around the pond it will discourage geese from it. The Homeowner’s Association will also be responsible for maintenance of the outlots in the subdivision. Outlot 3 will be dedicated to the village. Outlot 1 is the commercial area. A MOTION was made by Short to deny the preliminary plat because it is not correct. Waskiewicz seconded the motion. Bruskiewicz reiterated that the lot area would be fixed before the final plat was submitted. Washburn stated that the plat complies with everything requested by the village except for some small "tweaking". If the plat is denied, the whole process begins again. Hamm stated that approval of the preliminary plat could be tabled until the next meeting, if approved by the developer; the preliminary plat could be denied; or the preliminary plat could be approved contingent on the correction of lot sizes. A vote was taken on the motion to deny the preliminary plat with Short and Waskiewicz voting aye, and Dohrwardt, Kunstmann, Laabs, Palm, and Hamm voting nay. Motion failed. A MOTION was made by Dohrwardt, seconded by Laabs, to approve the preliminary plat contingent on the size of the lots in question being changed. Washburn suggested that the preliminary plat be approved subject to technical requirements and the revised preliminary plat be submitted along with the final plat for phase one of the Village Green Subdivision. Dohrwardt amended his motion to approve the preliminary plat contingent on the technical requirements being met. Waskiewicz questioned the agreement with the school district for exchange of property and the status of North Milwaukee Street right of way. Bruskiewicz stated that both the Steffen and Niebler properties are under contract. A vote was taken on the motion with Dohrwardt, Palm, and Laabs voting aye and Short, Kunstmann, Waskiewicz, and Hamm voting nay. Motion failed.

A MOTION was made by Hamm, seconded by Dohrwardt, to move to agenda item 12 and come back to agenda item 8 later. Motion carried.

Hamm reported that the Plan Commission approved a temporary sign for North Shore Tae Kwon Do, determined that no hazards are present in the area of 219 Lawrence Street (site of Community Based Residential Facility) and recommended the approval of the certified survey map for 915 Martin Avenue.

A MOTION was made by Dohrwardt, seconded by Waskiewicz, to approve the land division as shown on the certified survey map contingent upon the accessory structure on Lot 2 being removed and the driveway for Lot 1, currently on Lot 2, being abandoned. Motion carried with Palm opposed.

Certified Survey Map on North Milwaukee Street Creating Three Lots North of Martin Drive The Plan Commission has recommended approval of the CSM as submitted with Lot 1 and Lot 2 being single family and Lot 3 being multi family. Bruskiewicz stated that village code allows multiple buildings on a lot zoned multi family and asked if the board would allow more than one building on Lot 3. Washburn noted that Lot 3 is considered a transition area from the industrial zoning to the south and the single family zoning to the north. All lots contain some environmental corridor, which needs to be protected. Four 4-unit buildings are proposed for Lot 3; a total of 16 units. Each four unit building looks like a large house with the garages facing towards the middle. Each unit has a two car attached garage with a shared driveway for two buildings. The units are 1450 square feet to 1650 square feet with two bedrooms and two bathrooms. The second floor units have a bonus room above the garage. Each owner owns their unit (1/4 of the building) plus a percent of the common areas (sidewalk, driveway, grassy areas, etc.). Fees are paid to the condo association for maintenance. Four lots could be created, one for each building, but the association agreements are easier to administer with all buildings being on one lot. A concept plan was shown with four lots and one outlot. The outlot would contain the environmental corridor and be part of the condo association. Units would be owner occupied, however, rentals are not excluded. Each unit would cost about $155,000. Discussion followed on the proposed zoning of the lots and percent of multi-family, two-family and single family lots in the village. A MOTION was made by Dohrwardt to refer the zoning issue to the Plan Commission with instructions to require a preliminary plat with Lot 1 and Lot 2 as presented and Lot 3 changed into four lots, with the environmental corridor as one lot and one four unit building allowed on each of the other three lots, for a total of 12 units of multi-family along with Lot 1 and Lot 2 single family. After three calls for a second and none received, the motion failed for lack of a second. After more discussion, the consensus of the village board was that multi-family zoning would be appropriate on Martin Drive, but two family zoning would be required on North Milwaukee Street. A MOTION was made by Short, seconded by Palm, to send the land division back to the Plan Commission with a request for a preliminary plat to be submitted with multi-family zoning on Martin Drive and two family zoning on North Milwaukee Street. Motion carried with Waskiewicz and Kunstmann Laabs (9-1-05) opposed.

The rezoning request for the North Milwaukee Street parcel was tabled until a recommendation is received from the Plan Commission along with a preliminary plat on a MOTION by Dohrwardt, seconded by Short, and carried.

The village board then returned to agenda item No. 8

Based on the concerns with the North Milwaukee Street land division, a MOTION was made by Short to table the preliminary plat for Village Green until the concept plan for the North Milwaukee Street land is presented and to review the two plans together, provided the developer approves the time extension for the Village Green preliminary plat. Washburn stated that the Village Green preliminary plat is contingent on North Milwaukee Street becoming a through street and is not tied to the land division. Mastercraft could acquire just the road right of way. She again stated that they have met the requirements for the preliminary plat and would like to move forward. Hamm stated that the board has three options: table, reject, or approve with conditions. Kunstmann seconded the motion. Short made a MOTION to deny the preliminary plat. This was seconded by Waskiewicz. The motion was then rescinded. Washburn stated that the developer will allow an additional thirty days for preliminary plat approval. A MOTION was made by Hamm to table the preliminary plat for Village Green until a future meeting as long as a letter of extension is received from the developer before August 18, 2005. If the letter of extension is not received the preliminary plat will be denied. Motion carried with Dohrwardt opposed.

The rezoning of the Village Green Subdivision was tabled on a MOTION by Short, seconded by Dohrwardt, and carried.

Ordinance No. 2005-10 rezoning Village Green Subdivision was tabled on a MOTION by Short, seconded by Kunstmann, and carried unanimously.

Palm reported that the Architectural Control Board approved a wheel chair ramp for 219 Lawrence Street and a deck for 430 Emerald Hills Drive. The new building at 627 Tower Drive was tabled until new plans could be submitted.

Hamm stated that village ordinance states that after the Plan Commission makes a recommendation on a change to the zoning code, the village board "shall" schedule a public hearing. He questioned if the village board needs to schedule this at a board meeting or if this could be scheduled by village staff. He suggested that the village board review Section 13-1-242 (c)(1) of the village ordinances for possible change. A MOTION was made by Short, seconded by Palm, to table this until a future date. Motion carried.

The Personnel Committee met with village marshal Mike Davel to discuss the hiring process for vacant deputy marshal positions. The committee recommends that Davel interview candidates for the position and make a recommendation to a joint Personnel / Public Safety Committee meeting. They recommend that three additional officers be hired. A MOTION was made by Waskiewicz, seconded by Palm, to authorize the village marshal to conduct interviews and report to the Personnel / Public Safety committees with a recommendation for three candidates to be hired for deputy marshals. Motion carried.

Kunstmann reported that the Parks Committee completed a walk through of village parks and have forwarded their concerns to the Director of Public Works. The committee discussed budget items and are looking at a fund raiser at Stoney Creek Park. They continue to work on the Celebrate Fredonia parade and have discussed some changes for next year. The Parks Plan update has been tabled until after the Celebrate Fredonia parade. Dohrwardt commented that a Chapter 30 permit may be needed for the work at Stoney Creek Park.

The route for the Celebrate Fredonia parade has been changed. This year the parade will start at the Ozaukee High School parking lot, continue south on Highland Drive, then west on Regal Drive. It will turn west on Fredonia Avenue and then south on South Milwaukee Street to Wheeler Avenue.

Short reported that the Public Works Committee recommended the Maple Lawn site for the Fredonia Fire Fighter and EMS Association sign. This sign will still need Plan Commission approval. A MOTION was made by Short, seconded by Dohrwardt, to allow the Fredonia Fire Fighter and EMS Association sign to be placed on the Maple Lawn site. Motion carried with Kunstmann abstaining.

Other items discussed by the Public Works Committee include:

The written report from the Director of Public Works was received. They are currently working on the soccer field and hope to seed the field by mid-October.

A MOTION was made by Short, seconded by Waskiewicz, approving the registration fee of $50 for Buntrock to attend the Wisconsin Wastewater Operator’s Conference, plus mileage if necessary. Motion carried.

Anyone wishing to attend the Mid-Moraine Association meeting on August 24, 2005 should contact the village hall before next Tuesday, August 16, 2005.

Correspondence reviewed include:

The Board of Appeals will meet on August 16, 2005 to hear the request of Jason Bublitz to allow less than the required 50% decorative masonry on the street side of the building proposed for 627 Tower Drive. Short stated that the village board should recommend that they uphold village ordinance. Dohrwardt commented that the last building does not have 50% covered on the street side. The proposed building has 42" of brick all around the building. Palm stated that the design is needed for possible future expansion. The building is 26 feet tall. Different parameters may need to be given to the Architectural Control Board for approving industrial buildings. A MOTION was made by Short to notify the Board of Appeals to uphold village ordinance requiring the 50% masonry if no good reason is given for a variance. It was suggested that the Architectural Control Board review the standards for buildings in the industrial zoning and create some new parameters. Waskiewicz felt the issue should be noted and documented but that the village should not allocate any resources to this. The motion by Short was seconded by Kunstmann. Motion carried with Dohrwardt and Palm voting nay.

A MOTION was made by Short, seconded by Waskiewicz, to convene into closed session to discuss employee medical status. Motion carried unanimously with a roll call vote.

A MOTION was made by Dohrwardt, seconded by Short, to adjourn closed session and reconvene into open session. Motion carried unanimously with a roll call vote.

A MOTION was made by Hamm, seconded by Short, to return to agenda item 7. Hamm stated that Laabs will also fill the vacant trustee position on the committees.

A MOTION was made by Waskiewicz, seconded by Short, to table discussion on employee staffing until a recommendation is received from the Personnel Committee. Motion carried.

The meeting adjourned at 10:55 p.m. on a MOTION by Short, seconded by Kunstmann, and carried.