The meeting was called to order by Village President Wolfgram at 7:30 P.M.

Excused: John Raffensperger

Excused: None

Mr. Van Gompel reviewed his memorandum dated January 12, 2001 and provided a background on the proposal from the Agape Love Church.

Steve Jeske, architect for the project from Haag Muller, Inc, presented photos of the existing site and discussed parking at the site. Pastor Joyce Marie Dixon presented the mission and ministry of the church and school of theology. She noted that larger events would be held at other suitable locations. She discussed the worship and class schedules. Mr. Jeske noted that the only changes to be made to the building are related to ADA accessibility facilities, both inside and outside of the building. He discussed the existing parking and parking regulations, noting that 30 spaces are currently available, while 27 are required per the zoning code. He discussed the parking needs of this church and other churches in the Milwaukee area. He presented parking options which may be necessary should the church congregation grow.

Laurie Buskuskie (3809 West Fountain Avenue) questioned the validity of the church parking study.

Toni Markiewicz (8237 North 44th Street) expressed concerns about the parking availability at the site.

John Phelps (8515 North 62nd Street) questioned the financial viability of the church and its ability to maintain the property.

Kim Starz-Nicholas (9235 North 60th Street) asked about the taxes currently generated by the property. Mr. Van Gompel responded that he did not research that information for tonight’s hearing. Attorney Dineen noted that the tax exempt status of a property is determined by the Assessor as per State Statutes. Ms. Starz-Nicholas said that the Village can not afford this church due to the tax impact.

Michael Zettley (11013 North Bennington Court, Milwaukee), whose relatives operate the Four Points Sheraton on Brown Deer Road, asked how the property would be determined tax exempt by the assessor. Attorney Dineen detailed criteria as listed in the State Statutes.

Ms. Starz-Nicholas said that the tax impact should be taken into consideration.

Ms. Markiewicz questioned the signage at the site. Mr. Jeske said that signage has not been discussed at this time, but a sign request would have to go through the appropriate approval process.

Ms. Buskuskie expressed further concerns regarding street parking, and parking during times of heavy snow.

Ms. Markiewicz expressed concerns about parking during special events.

A representative from the Agape Love Church noted that the church is required to meet specific requirements as per the zoning code, and, if in violation, would make remedies to meet the code. She said they are interested in being good neighbors and benefit the community. Mr. Jeske noted that the church congregation will take pride in the property and make efforts to beautify the property.

Stephanie Moes (8900 North Park Plaza Court, #202) questioned why developments are locating in Brown Deer.

Mark Hansen (4130 West Fountain Avenue) questioned the safety impact of a church at that location, considering the lack of sidewalks and special events that take place in the area.

Debbie Falk (5105 West Dean Road) noted that another church was also approved in this area and will have similar hours of operation, which will impact traffic.

Dan Taff (3901 West Fountain Avenue) expressed concern regarding the safety of children in the area during high traffic periods.

Eugene Malloy (8942 North Silverbrook Lane) asked how many churches are currently in Brown Deer, and how many on tax roll. Mr. Van Gompel said that he is unaware of how many are in the Village, but does not believe any are on the tax roll. Mr. Malloy questioned if the Village has an overabundance of churches in the Village. He asked about the curriculum of the school of theology. Pastor Dixon outlined the program.

Roland Davis (7751 North Teutonia) said that he owns four properties on Teutonia Avenue and expressed concerns about taking the property off the tax roll. He said that this is a bad location for a church, and expressed concerns about traffic. He said that properties should be added to the tax roll instead of removed.

Ms. Markiewicz questioned the zoning of the property, and requested clarification. Mr. Van Gompel noted that the school of theology is considered a College/University, which is not conditionally permitted in the B-3 district.

A representative from the church said that if the school of theology was approved, the church would not seek tax exemption for the school of theology portion of the facility.

Mr. Malloy questioned the scope of church operations, such as a food pantry. The representative from the church said that separate organizations with similar names that operate the pantry and other operations, which are completely separate from the church.

Claudia Meyer (7601 North 48th Street) questioned how a property can be classified as having a "conditional use permit." Mr. Van Gompel discussed the permitted and conditional uses, as allowed in the Village Code.

Ms. Markiewicz asked if there has been a situation where a granted conditional use permit has been revoked. Attorney Dineen noted that most permit holders meet the conditions of the permit.

Ms. Starz-Nicholas asked if Brook Lane Apartments has a conditional use permit. Attorney Dineen noted that the conditional use permit was granted in the 1960s, with an amendment in 1998. She expressed concern that properties with conditionally permitted uses seem to stay in the Village forever.

Trustee Schilz questioned the ability of the parcel to house a church and its operations. He asked about the actual membership of the church. The actual membership was stated as 50 members.

Ken Reckers (4010 West Fountain Avenue) said that there are properties available in other locations which may be more viable. The church representative noted that if the congregation grew beyond the capacity of the building, they would maintain the school of theology and find a suitable location for the church.

Trustee Schneider asked how long this facility would meet the needs of the church. The church representative said that this space would meet the needs of the congregation at this time, noting that the congregation has had modest growth in the past few years.

Trustee Kundinger questioned what would happen if the school of theology does not meet the zoning code. Pastor Dixon said that they would need to find other facilities for the school of theology.

Mr. Van Gompel asked how many of the congregation members are also students in the school of theology. Pastor Dixon noted that 7 of the 23 students are members of the church.

Mr. Davis asked if the location of a bar in relation to a school has any impact on the project. Attorney Dineen noted that he is unaware of such a requirement in the local code or state statues.

Suzanne Laperriere (4019 West Fountain Avenue) expressed concerns regarding street parking in the area.

Ms. Starz-Nichols asked if this is the only site that has been sought by the Agape Love Church. The representative from the church noted that other sites were considered, however this site was best suited to the church’s needs. She said that if taxes were an issue, she would be willing to pay $6,000 in taxes.

John Rudde, representing JDN Realty, presented the project. He discussed the existing tenants, proposed reconstruction efforts, future tenants, and traffic flow.

Margaret Jaberg (9043 North Park Plaza Court) asked if the area fronting Green Bay Road would be redeveloped. Mr. Rudde noted that a sit-down restaurant is being pursued at the location, and accommodations are being made for an existing dry cleaner to relocate. Ms. Jaberg asked if JDN would need to come back to the Village Board to approve a new restaurant. Mr. Van Gompel noted that any use in the BPD-Business Planned Development district requires a development agreement or amendment to the development agreement, which would require Village Board approval.

Mr. Zettley supported the Kohls and the dry cleaner renovations, however expressed concerns regarding traffic at Brown Deer Road and Kildeer Court. He asked if any traffic studies have been completed to consider future traffic patterns. Mr. Rudde discussed traffic improvements intended for the property.

Beth Urpanil (9101 North Park Plaza Court) noted concerns regarding traffic, and the location of the Milwaukee County Transit stop. Mr. Rudde indicated the proposed location for the Transit stop.

Mr. Phelps expressed support for the project because it adds to the tax base, and will be an employment source for youth in the community.

Ms. Starz-Nicholas asked if additional stop signs could be added to make the intersection at the McDonalds a three-way stop. Mr. Rudde said that it could be considered if it would improve the traffic situation on the property. Mr. Davis agreed that the intersection in question is particularly congested during the lunch hour.

Colleen Prostek (8133 North Teutonia Avenue) questioned the type of restaurant which may be considered at the site.

Jeff Baker (8117 North 51st Street) questioned traffic flows on the property, and asked if parking spaces might be removed to allow improved traffic flow. Mr. Rudde said that maintaining parking is important to accommodate customers.

Mr. Schmitz asked about the traffic pattern for the dry cleaner drop-off window. Mr. Rudde noted that it would be a passenger-side drop off facility. Trustee Bellehumeur questioned the accessibility for snow plowing and removal. Mr. Rudde noted that the location is accessible for plowing. Ms. Jaberg asked that proper sheltering be considered for the drop-off at the dry cleaners to take into consideration weather conditions.

None.

Mr. Van Gompel reported that the Village Board authorized the Village Manager to extend an offer of employment to a new Community Development Director, with a hire date of February 12th, contingent upon passing a physical.

Attorney Dineen noted that courts have held that zoning decisions regarding uses of property that might be exempt must not be based on the fact that it will be an exempt property. Decision should be based upon the zoning ordinance and applicable provisions of the ordinance. He added that any time a local government must make a decision on the religious use of a property, it is more complicated due to the first amendment, noting that Congress passed legislation regarding the religious use of property. Attorney Dineen noted that the impact of the new legislation is uncertain at this time. An update on this law will be provided to the Village Board prior to making a decision on this matter. He advised that the Planning Commission consider the use of the property as an assembly location, and whether it is consistent with the Village ordinances.

Mr. Carl Krueger noted that the site is presented as a mixed use, with the church use conditionally permitted and the school use not permitted.

Mr. Van Gompel discussed the parking regulations under the zoning code. He reported that the 27 parking stalls were required using the criteria included in "other business and commercial establishments" of one parking space for each 150 square feet of floor area. However under "other uses", the number of parking spaces for conditional permitted uses is recommended by the Planning Commission. He also stated that he has concerns with the traffic and impact on properties in the immediate area.

It was moved by Mr. McGuigan and seconded by Mr. Carl Krueger to recommend denial of the Conditional Use Permit for the Agape Love Deliverance Church to be located at 7701 North Teutonia Avenue. Mr. Schmitz questioned the food pantry operations. Pastor Dixon noted that food pantry operations have been discontinued. He asked if church members walk to church at the Kenwood site. Pastor Dixon noted that members do walk and ride the bus to the church. He asked if concerns have been expressed by the church members about moving across town. Pastor Dixon noted that no concerns have been voiced. Mr. Schmitz asked if the building space will be rented for other purposes. Pastor Dixon noted that the church would be used for its own purposes. Mr. McGuigan expressed concerns that the project does not meet zoning requirements. The motion carried unanimously.

D) Consideration of Request by U.S. Cellular for a Proposed Telephone Cellular Site

It was moved by Mr. McGuigan and seconded by Ms. Bellehumeur to lay the item over until further plans can be provided and the consideration of the housing of equipment may be further considered and studied. Mr. Schmitz noted Whitefish Bay entered into an agreement with a cellular company to replace the lights at the sports field in exchange for allowing the company to place antennas on the light poles. Trustee Krueger asked about the Water Utility perspective on this matter. Mr. Van Gompel noted that the aesthetics are a concern, however the lease income is a positive aspect. The motion carried unanimously.

Trustee Krueger asked if the code must be changed to have the Community Development Director play an active role on the Planning Commission. Mr. Van Gompel said that no change is necessary with respect to the Community Development Director, however that individual would be the lead staff liaison to the Planning Commission. Mr. McGuigan proposed a nine member Planning Commission, with six citizen members. Mr. Schmitz noted that the rotation of four citizen members was appealing. President Wolfgram expressed his favor for four citizen members. It was moved by Mr. McGuigan and seconded by Mr. Schmitz to direct the Village Manager to prepare an ordinance for consideration by the Village Board that would change the composition of the Planning Commission to six citizen members, two trustees, and the Village President, effective May 1, 2001. The motion carried unanimously.

IX. ADJOURNMENT

Russell Van Gompel, Village Manager