The meeting was called to order by President Wolfgram at 7:33 P.M.

Excused: John Raffensperger

Mr. Van Gompel provided a history of the Park Plaza development, detailing past zoning changes and proposed projects.

James Baxter, attorney representing the Village, discussed past events with regards to the Brisben lawsuit. He noted that the Village received the results of a housing study from SEWRPC, which was the first step in considering whether it might be appropriate to rezone the property. The study was inconclusive. Mr. Baxter discussed the data collected by the study. In order to supply additional information, expert opinions were sought to provide information to the Village Board. Experts in the fields of land use planning, traffic engineering, and real estate appraisals were used. Mr. Baxter reported that the land use planner found that the site is a good multifamily site, not single family. The traffic engineer noted that the proposed project would not create any unacceptable traffic conditions. The real estate appraiser found no discernable evidence of any adverse impact to single family property values neighboring comparable projects in the greater-Milwaukee area. The Village Board decided not to extend the moratorium or go forward with a rezoning of the Park Plaza property. Simultaneously, the federal court mediation was ongoing regarding the lawsuit against the Village from Brisben. The Village and Brisben agreed that Brisben would remove the lawsuit without prejudice, with the option to bring the lawsuit back if Brisben so desires, if a public hearing was held.

Mr. Baxter said that the purpose of the hearing is to consider the conditional use permit and determine if the proposed development satisfies the requirements of zoning ordinance. The Planning Commission’s role is to determine if it can make a finding that the development complies. He noted that the Village Board is not free to do what it wants to, but is required to make a decision with regards to the requirements of the zoning ordinance.

Kevin Reak, attorney representing the Village, discussed a deed restriction for the property which is currently in place. The deed restriction limits the development to one or two bedroom units. He recommended that the Village Board should not attempt to enforce the deed restriction, which would discriminate based on familial status and a violation of the Fair Housing Act.

Todd Edder, developer from Brisben, made a presentation regarding the proposal. He discussed the history and operations of Brisben Companies. He discussed the design, intent, misleading perceptions, financing and benefits of Affordable Housing. He discussed the typical residents of the proposed Glen Eagle development. He noted that the most important part of an apartment property is the ongoing management of the apartments, which will be done by National Realty Management. He discussed the resident admission standards for Glen Eagle, and noted that tenants are required to enter into a crime and drug free commitment.

Mr. Edder discussed the development, unit features, property features, and construction aspects of Glen Eagle townhomes. The project architect, Larry Suer, discussed the project elevations, site layout plan, and characteristics. He noted that attempts will be made to save as many of the existing vegetation and trees as possible.

Mr. Van Gompel discussed the Conditional Use Permit requirements, and noted that the application from Brisben does meet the requirements of the Village Code. He added that a Development Agreement is also required between the Village and Developer, and discussed several of the requirements that may be required through a Development Agreement, including landscaping, installation of infrastructure and utilities, property maintenance, required approval by other governing bodies (Beautification Committee, Building Board, etc.), stormwater runoff management practices, rubbish removal, security and lighting systems, fire protection systems, crime prevention efforts (including a requirement that the property owners meet with the Police Department to consider crime prevention issues annually), and a requirement that the Village Manager review and assess the site annually.

Trustee Schneider questioned the stormwater management practices and landscaping to manage the runoff. Mr. Suer explained the stormwater and runoff control measures proposed for the property.

Bill Curtis (8690 North 64th Street) asked the Village Board if the current development is a good idea for the Village. He re-presented an earlier petition regarding opposition to the Brisben project. He discussed the key issues that were addressed with the petition. He asked how the Village could be taken back to court if the public hearing is provided. Mr. Reak noted that the lawsuit was released without prejudice, which meant that they could reinstate the federal suit.

Jim Farmer (8041 North Cedarburg Road) asked if police calls have increased since Brook Lane Apartments included affordable units. Mr. Van Gompel said that information was not available. He asked how many tenants have migrated from renting to owning. He asked why the proposal is not for owner occupied multifamily as opposed to rental properties.

Joe Gosse (6559 West Pierner Place) asked if any of the Village Board members have been threatened with lawsuit from Brisben. President Woflgram said he has not been threatened. Mr. Reak noted that the Village is obligated to indemnify the elected officials in the event of individual lawsuit.

Rob Gilbert (8041 North Cedarburg Road) asked for information regarding who completed the various studies.

Toni Markiewicz (8237 North 44th Street) noted that the project will not be acceptable to the people in the Village who elected the members of the Village Board. Regarding increased crime rate at Brook Lane, she noted that a significant increase in crime has taken place. Noted that she has trouble believing anything that was presented by Brisben. She discussed the additional lawsuits from Brisben in other communities.

Andrea Kay (8021 North 38st Street) said that there will be people who will qualify for and be able to afford the affordable units. She asked if the Village is contributing money help in funding the Brisben project. President Wolfgram noted that Village subsidies have not been given to Brisben.

Mildred Hoffman (8900 North Park Plaza Court) expressed concerns about public safety, traffic, environment, flooding, and school congestion.

Joan Plotkin (8900 North Park Plaza Court, #109) asked if this new development will increase and improve the quality of life for the people living in the Village. She asked the Board to consider a developer that will further improve Brown Deer resident’s quality of life.

Nate Rudman (8900 North Park Plaza Court) expressed opposition to the Brisben proposal as president of the Tudor Park complex, and noted that he reflects the views of the residents of all 36 units at Tudor Park. He expressed concerns about the need for additional police and other Village services. He noted concerns regarding traffic, access to the site, and declining property.

Randy Zemel (6239 West Silver Brook Lane) expressed opposition to the project, noting concerns regarding traffic. He asked what Brisben will do to become a part of the community. Mr. Paxon said will be paying taxes and providing for 160 households.

Sandy Hardwig (9102 North Park Plaza Court) expressed concerns regarding potential flooding and asked if the Village has a responsibility to review the track record of Brisben.

Deborah Garbukas (6364 West Arch Avenue) discussed the current need and level of affordable housing in the Village, noting that greater need is outside Milwaukee County.

Karen Gosse (6559 West Pierner Place) discussed current WHEDA projects in the Village of Brown Deer, and the availability of units in the Brown Deer area.

Karen Mitch (8224 North 48th Street) noted that Brook Lane Apartments has caused problems after the WHEDA program has initiated.

Carl Breuhl (8951 North Park Plaza Court) asked if his rent will go up or down, or if property taxes will be lowered throughout the Village. President Wolfgram said that he hoped the taxes generated from the property would assist in subsidizing Village services. Mr. Paxon noted that approximately $200,000 will be paid yearly in taxes.

Carolyn Williams (9013 North Park Plaza Court) said that low income families are not discriminated against in the Village. She asked about the results of the multifamily study regarding this property.

Andy Williamson (9015 North park Plaza Court) said that the Village is vulnerable to slumification if bad decisions are made. He noted concern regarding the reductions in value of his property.

Janice Sadowski (9111 North Park Plaza Court) expressed concern regarding crime, traffic and depreciating home values.

Gene Malloy (8942 North Silver Brook Lane) expressed opposition to the project and disappointment with the elected officials.

Janice Morris (9189 North Goldendale Drive) expressed concerns regarding the schools and accessibility for students, crime, and tax levels. She asked that the information requested by residents at the public hearing be posted in the Village.

Shelly Harmeyer (8500 North 64th Street) expressed concerns regarding the use of federal tax dollars and subsidies. She noted that the community will support the Village Board in their decision to vote against the project.

Suzanne Webster (6590 West Pierner Place) asked why the Brisben project would be approved if similar earlier projects were denied.

Sue Curtis (8690 North 64th Street) noted that no provisions were made for basements or safe rooms to allow for protection in severe weather. Mr. Paxon noted that the townhouses are designed with safety in mind, noting that they are built according to appropriate standards.

David Michalski (9170 North Maura Lane) said that he is concerned with the safety, flooding, and quality of life issues, and asked that the Board consider another meeting to continue discussions and provide answers to the questions. He expressed concerns about the impact of the development on his property.

John Scott (6487 West Pierner Place) favored owner occupied units as opposed to rental units. He said that the proposed use is not the highest and best use for the property.

Beth Urpanil (9101 North Park Plaza Court) said that there is a sufficient level of affordable housing in the Village, and that the Village embraces working people as residents. She expressed concerns about snow removal, truck entrance, proximity to neighboring properties, sidewalk access, traffic, access for school children, and the natural environment.

Allen Heiden (6486 West Pierner Place) discussed concerns regarding safety, property values, property management on the site, and crime and drug enforcement.

Mike Christopolous (8515 North 59th Street) spoke against the reasons why Brisben wants to enter the Village.

John LaFave, Wisconsin State Representative, detailed the track record of Brisben in other communities, which he considers very alarming. He discussed a meeting that he had with representatives from Brisben. He noted that WHEDA sources informed him that Brisben have moved to tier two in the rating for receiving funds. He agreed that there are sufficient multifamily units it the Brown Deer area. He said that he will work with Brown Deer residents to have their concerns heard by WHEDA.

Fred Heider (6233 West Darnel Avenue) discussed recommended occupancy rates in the Milwaukee area, and noted that the existing rate would be sufficient for approving the development. Expressed concerns about the completeness of the traffic study.

Ellen Schimenz (5705 West Wahner Avenue) said that there is available housing in the Village. She expressed concerns regarding maintaining the small class sizes in the Brown Deer schools. She encouraged residents to contact WHEDA in opposition to this project.

Barb Glassel (8709 North 61st Street) asked for more information regarding snow removal, water runoff, and trash removal. Mr. Suer discussed the compactor trash removal system proposed for the development. She noted concern regarding the location of the tot lot in regards to the detention area.

Lois Dolan (6667 West Floral Lane) expressed concern regarding trash collection and mail delivery. She asked for clarifications regarding the recommendations from the attorneys. She asked if the Village Board members have been sued regarding this litigation. Attorney Dineen noted that the Village Board members have not received any direct threats from Brisben’s attorneys, and that the issue is not relevant to the item being considered at the hearing. She asked if Brisben has disabled housing available. Mr. Suer noted that five percent of the housing will meet handicapped standards.

Margaret Jaberg (9043 North Park Plaza Court) noted that individuals with disabilities should also be allowed access to the other amenities at the proposed facility. She expressed concerns regarding school bus pickup, school district funding, and few owner occupied properties. She said that there is excellent ethnic diversity in the Village.

Stephanie Moes (8900 North Park Plaza Court, #202) asked if a fence will be put in place between this project and Park Plaza. Mr. Suer noted that landscaping will be put in place. She expressed concern about trash collection debris.

John Christensen (8225 North 49th Street) questioned why a diverse community can be sued for not being ethnically diverse. He asked the Village Board to fight Brisben’s lawsuit.

Erling Amundson (6314 West Glenbrook Road) questioned the unimproved land in the project plan and its maintenance. Mr. Suer noted that the open space will total 12 acres on the property. He encouraged the Village to consider buying the property.

Debbie Michalski (9170 North Maura Lane) asked why Brisben did not consider other communities, such as those in Ozaukee County, where more need exists for multifamily housing. Mr. Suer noted that a market study showed that there is a need for multifamily housing in this area.

Edgar Hennig (6278 West Villa Lane) asked the Board to consider fact and not opinions. He discussed other possible options for the Village Board to consider, and asked the Village Board not to be swayed by the individuals who appeared.

Virginia Jacoby (9270 North Bethanne Drive) questioned other similar complexes developed by Brisben. She expressed concerns regarding stormwater runoff. She asked what would happen if the WHEDA financing was denied. Mr. Teper noted that a new application would have to be made, and would consider the options available at that time. She asked Chief Rinzel if police calls at Brook Lane apartments have increased. Chief Rinzel stated that calls have increased, however the crime rate in Brown Deer has not increased.

Ms. Dolan recommended that senior citizen condominiums be considered for this location.

Ms. Sadowski asked if Brisben has any buildings that are sold for ownership instead of renting. Mr. Paxon said that Brisben solely builds properties to rent . She asked that the Village consider elderly or owner occupied units.

Ms. Urpanil discussed concerns regarding trash collection.

Ms. Moes discussed trash collection.

Bob Cook (5029 West Woodland Drive) asked about insurance coverage in the event the Village is sued.

Don Uebelacker (6195 West Plaza Circle) asked that the Village Board delay it’s decision to allow all members to consider the facts and decide at a future meeting.

Ms. Hoffman spoke in opposition to comments made by Mr. Hennig.

Ron Johnson, Property Manager of Park Plaza Condominiums, asked if the Village is aware of case law that would allow the Village Board to rezone a property because the present zoning was detrimental to the community. Mr. Baxter said that the Village Board was made aware of such cases.

Harold Bourne (6415 West Carolann Drive) questioned the opinions provided by the attorneys representing the Village, and discussed his concerns regarding the Brisben Company.

Ms. Markiewicz expressed concerns regarding the siting of the buildings and the impact on the beauty of the land and general enjoyment of existing properties in the area.

Pat Renner (8503 North 60th Street) asked about the next procedures that must be followed with regards to rezoning the property and the litigation.

Thomas Pytlik (5069 West Joleno Lane) asked about parking for additional vehicles, surface parking, and the lack of one and four bedroom apartments.

Trustee Kundinger asked if on-site management will be considered. Karen Graham, with National Realty, said that the staff will include one full time property manager, one full time office staff person, and two maintenance staff, with one of those four staff members living on site. She discussed the screening process for considering tenants. Mr. Teper discussed the management of the property. Trustee Kundinger questioned the handicap accessibility of the property. Mr. Suer noted that all facilities will be accessible per federal guidelines. Ms. Grand said Management staff would be willing to assist handicapped individuals as needed. Trustee Kundinger asked about strategies for filling vacancies.

Attorney Dineen invited Brisben to offer any additional comments or responses. Mr. Teper noted his thanks for the attendance and participation at the meeting.

It was moved by Trustee Krueger and seconded by Trustee Nealy to recommend that the Village Board grant a Conditional Use Permit to Brisben Companies for the Construction of Glen Eagle Apartments in the 9000 Block of North Park Plaza Court. Trustee Krueger discussed the importance of following the process and fully considering this item. Per recommendation from Attorney Dineen, the motion was amended with the approval of Trustees Krueger and Nealy to read that the Planning Commission, after review of all plans and information presented at the public hearing, finds that the proposed plan conforms to the standards and objectives of the R-4 zoning district, and recommends that the Village Board approve the Conditional Use Permit subject to appropriate conditions and a development agreement. The motion carried 5-2, with Mr. McGuigan and Mr. Schmitz opposed.

Russell Van Gompel, Village Manager