VILLAGE BOARD MEETING Monday, March 6, 2017 Earl McGovern Board Room, 6:30 P.M.

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1 VILLAGE BOARD MEETING Monday, March 6, 2017 Earl McGovern Board Room, 6:30 P.M. PLEASE TAKE NOTICE that a meeting of the Brown Deer Village Board will be held at the Village Hall of the Village of Brown Deer, 4800 West Green Brook Drive, Brown Deer, Wisconsin at the above noted time and date, at which the following items of business will be discussed and possibly acted upon: I. Roll Call II. III. IV. Pledge of Allegiance Persons Desiring to be Heard Consent Agenda A) Consideration of Minutes: February 20, 2017 Regular Meeting V. New Business A) Resolution No. 17-, Support of Closing Assessment Loopholes Which Shift a Greater Property Tax Burden from Commercial Property to Residential Property Owners in the Village of Brown Deer B) Ordinance No. 17-, Amending Section of the Brown Deer Village Code Relating to Emergency Services and Alarm Systems C) Ordinance No. 17-, Amending Section 6-7 (b) (3) of the Brown Deer Village Code Relating to Animals Causing Injury and Vicious Dogs VI. VII. VIII. IX. Village President s Report Village Committee Report Village Manager s Report Adjournment Jill Kenda-Lubetski, Village Clerk March 2, 2017 PERSONS REQUIRING SPECIAL ACCOMMODATIONS FOR ATTENDANCE AT THE MEETING SHOULD CONTACT THE VILLAGE CLERK AT LEAST ONE BUSINESS DAY PRIOR TO THE MEETING.

2 BROWN DEER VILLAGE BOARD FEBRUARY 20, 2017 MEETING MINUTES HELD AT THE BROWN DEER VILLAGE HALL 4800 WEST GREEN BROOK DRIVE The meeting was called to order by President Krueger at 6:30 P.M. I. Roll Call Present: Also Present: Excused: Village President Krueger; Trustees: Awe, Baker, Boschert, Schilz, Springman Michael Hall, Village Manager; Erin Hirn, Assistant Village Manager/Deputy Clerk; John Fuchs, Village Attorney; Susan Hudson, Treasurer/Comptroller; Nate Piotrowski, Director of Community Development; Matthew Maederer, Director of Public Works/Engineer; Michael Kass, Chief of Police; Colette Reinke, Village Attorney Village Trustee Oates II. III. Pledge of Allegiance Persons Desiring to be Heard None IV. Consent Agenda A) Consideration of Minutes: February 6, 2017 Regular Meeting B) December 2016 Financial Reports C) January 2017 Vouchers D) Review and Recommendation of a Certified Survey Map for a Land Division at 4740 West Bradley Road It was moved by Trustee Schilz and seconded by Trustee Baker to approve the consent agenda items A and D. The motion carried unanimously. V. New Business A. Resolution No , Commending Pastor William James Flavin III for his Community Service President Krueger recited the Resolution commending Pastor Flavin for his contributions to the village of Brown Deer and their community events. It was moved by Trustee Springman and seconded by Trustee Schilz to approve Resolution No , Commending Pastor William James Flavin III for his community Service. The motion carried unanimously. B. Review and Recommendation of a Modification to a Development Agreement with Complete Transit for the Parking of Vehicles at 4715 West Bradley Road Mr. Piotrowski brought this before the board as a recommendation from the Plan Commission to modify the development agreement with Complete Transit to allow 8 vehicles to be parked on the South side of the bowling alley. Trustee Springman inquired on what guidelines they are currently not following. Mr. Piotrowski stated that the vehicles were parking on the wrong side of the facility and this was mentioned to the owner who has since corrected the placement of vehicles. Trustee Springman asked if the agreement can be review if this becomes an issue. Mr. Piotrowski stated

3 Village Board of Brown Deer February 20, 2017 Page 2 that this can be brought back for review at any time and there is a one-year review in the contract. Trustee Baker mentioned that there is a clause in the contract indicating that we can tow any vehicle that is in violation of our ordinances. Mr. Piotrowski confirmed that this was in the development agreement. It was moved by President Krueger and seconded by Trustee Schilz to approve the Modification to a Development Agreement with Complete Transit for the Parking of Vehicles at 4715 West Bradley Road. The motion carried unanimously. C. Approval of Chase/Castle Rescission Agreement Attorney Fuchs stated this agreement would rescind the Chase/Castle agreement due to internal partnership problems and state variance issues which was discussed previously in closed session. It was moved by Trustee Schilz and seconded by Trustee Springman to approve the Chase/Castle Rescission Agreement. The motion carried unanimously. D. Update from Plan Commission Discussion on Kohl s Off/Aisle in the Market Place Mr. Piotrowski explained the Supplemental Agreement that was presented to the Plan Commission regarding Kohl s Off Aisle to utilize 1/3 of the prior space and the rest being used for warehousing merchandise. The Plan Commission denied this proposal and Kohl s is now proposing to continue with the Off Aisle store which would open by early summer and then transfer of excess space or sublease the extra space until the end of their contract with DDR. Trustee Schilz asked if a new entrance will have to be built because of how they are positioning the Off Aisle store. Mr. Piotrowski confirmed that would most likely be the case. He also stated the layout of the New Off Aisle would leave 1,800 square foot space to the south and 40,000 square foot space to the north. VI. VII. VIII. IX. Village President s Report Bob s Grand opening was a success, the NSFD Meeting discussed the future of the fire department, ICC meeting resulted in a signing of the EMS agreement with a 2-year commitment. Village Committee Report Trustee Schilz noted that the water commission met regarding rate increases Village Manager s Report Met with Dr. Kerr regarding strategic plan of Brown Deer Schools, the first public meeting is May 13th Recess into Closed Session pursuant to 19.85(1) (g) Wisconsin Statutes for the following reasons: It was moved by Trustee Springman and seconded by Trustee Awe to recess into closed session at 7:03 p.m. The motion carried unanimously. (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.

4 Village Board of Brown Deer February 20, 2017 Page 3 (e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. A) DPW & Rite-Hite X. Reconvene into Open Session for Possible Action on Closed Session Deliberations It was moved by Trustee Springman and seconded by Trustee Awe to reconvene into open session at 7:31 p.m. The motion carried unanimously. XI. Adjournment It was moved by Trustee Boschert and seconded by Trustee Schilz to adjourn at 7:31 p.m. The motion carried unanimously.

5 STATE OF WISCONSIN VILLAGE OF BROWN DEER MILWAUKEE COUNTY In the Matter of a Resolution in Support of Closing Assessment Loopholes Which Shift a Greater Property Tax Burden from Commercial to Residential Property Owners in the Village of Brown Deer Resolution No. 17- WHEREAS, property owners in Wisconsin already pay 70% of the total statewide property tax levy; and WHEREAS, that disproportionate burden is about to get much worse unless the Legislature addresses tax avoidance strategies that national chains like Walgreens, and big box retail establishments like Target and Lowe s are using across the country to gain dramatic reductions in the property tax bills at the expense of homeowners and other taxpayers; and WHEREAS, a carefully-orchestrated wave of lawsuits in Wisconsin is forcing assessors to slash the market value of thriving national retail stores, shifting their tax burden to local mom and pop shops and homeowners; and WHEREAS, Walgreens and CVS stores in Wisconsin have argued in communities across the state that the assessed value of their property for property tax purposes should be less than half of their actual sale prices on the open market; and WHEREAS, in many cases the courts have sided with Walgreens and CVS, requiring communities to refund tax revenue back to the stores; and WHEREAS, there are over 200 Walgreens stores located in Wisconsin s cities and villages; and WHEREAS, Target, Lowe s, Meijer, Menards and other big box chains are using what is known as the Dark Store Theory to argue that the assessed value of a new store in a thriving location should be based on comparing their buildings to sales of vacant stores in abandoned locations from a different market segment; and WHEREAS, the Indiana state Legislature has on two occasions in the last two years overwhelmingly passed legislation prohibiting assessors from valuing new big box stores the same as nearby abandoned stores from a different market segment; and WHEREAS, the Michigan state house overwhelmingly passed similar legislation in May of 2016.

6 NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Brown Deer urges the Governor and the Legislature to protect property owners and main street businesses from having even more of the property tax burden shifted to them by passing legislation clarifying that: 1. Leases are appropriately factored into the valuation of leased properties; and 2. When using the comparable sale method of valuation, assessors shall consider as comparable only those sales within the same market segment exhibiting a similar highest and best use rather than similarly sized but vacant properties in abandoned locations. PASSED AND ADOPTED by the Village Board of the Village of Brown Deer, this day of, Countersigned: Carl Krueger, Village President Jill Kenda-Lubetski, Village Clerk

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14 FUCHS & BOYLE, S. C. T ELEPHONE:(414) F ACSIMILE: (414) fdb@fdblaw.com W ATERTOWN P LANK R OAD S UITE 100 E LM G ROVE, WI J OHN F. F UCHS ATTORNEYS AT LAW R EBECCA D. B OYLE C OURT C OMMISSIONER COLETTE C. REINKE M E M O R A N D U M TO: FROM: RE: Village President, Village Board John F. Fuchs Amending Code Relating to Animals Causing Injury and Vicious Dogs DATE: February 20, 2017 At the February meeting of the Traffic and Public Safety Committee, it was recommended that vicious dog appeals and hearings go to the Board of Appeals as opposed to the Chief of Police. I would join in this recommendation in two respects. Our Board of Appeals serves as both our appellate review body as to staff orders, as well as a Board of Zoning Appeals. Thus it is statutorily the customary jurisdictional body. In addition, I think it gives a better appearance than having police officers testify to their own Chief. I do not know that that leaves the greatest feeling of objectivity. That is not to say that they were not handled well in the past. But the Board of Appeals makes more sense, and as indicated, gives a more objective appearance.

15 ORDINANCE NO. An Ordinance Amending Section 6-7 (b) (3) of the Brown Deer Village Code Relating to Animals Causing Injury and Vicious Dogs The Village President and the Board of the Village of Brown Deer, Milwaukee County, Wisconsin, do herewith ordain as follows, to-wit: SECTION I Section 6-7 (b)(3) of the Brown Deer Village Code Relating to Animals Causing Injury and Vicious Dogs, is hereby amended to provide as follows: (b) Regulation of vicious dogs. (3) Notification of hearing. If a police officer or health officer determines that a dog is vicious, as defined in this section, he may declare the dog to be a vicious dog. The police officer or health officer shall immediately inform the owner in writing, by personal service or certified mail, of such determination. If an owner contests the designation of the dog as vicious, the owner must make a written request for a hearing to the Board of Appeals within ten days of receipt of the notice. The Board of Appeals will convene a hearing. At the hearing, the owner, the police department, the health department, or any other interested party shall have the opportunity to present evidence as to why the dog should not be declared vicious. Any other interested party shall be notified in writing of the hearing by regular mail. The hearing shall be held promptly within such time as reasonably practicable in the discretion of the chief of police, but not less than seven days after receipt of the request for hearing. Pending the outcome of the hearing, the dog must be securely confined in a humane manner either on the premises of the owner, a licensed veterinarian, MADACC (Milwaukee Area Domestic Animal Control Commission), or such other place or manner, any of which to be determined in the discretion of the Board of Appeals. After the hearing, the owner shall be notified in writing of the determination. If a determination is made that the dog is vicious, the owner shall comply with the provisions of this chapter in accordance with a time schedule established by the Board of Appeals, but in no case more than thirty 30 days after the date of determination. They may appeal the decision within thirty (30) days of receiving the decision to the Milwaukee County Circuit Court as provided for in Wisconsin Statutes Section

16 SECTION II All ordinances or parts of ordinances contravening the terms and provisions of this ordinance are hereby to that extent repealed. SECTION III This Ordinance shall take effect upon passage and publication as provided by law, and the Village Clerk shall so amend the Brown Deer Code, and shall indicate the date and number of this amending ordinance therein. PASSED AND ADOPTED by the Village Board of the Village of Brown Deer, this day of, A.D Countersigned: Carl Krueger, Village President Jill Kenda-Lubetski, Village Clerk 2