The meeting was called to order by President Wolfgram at 7:00 P.M.

Excused: None.

President Wolfgram noted that staff was instructed at the last public hearing to draft a conditional use permit. The permit has been completed and is now being considered by the Village Board. He noted that comments presented at the first public hearing on August 28, 2000 do not have to be repeated since they are already part of the official record.

2. Reason for the Second Public Hearing and Role of the Village Board

Attorney Dineen noted that a protest petition was filed today by Margaret Jaberg to the Village of Brown Deer. He discussed the Wisconsin Statutes related to the filing of the protest, noting that if the petition is valid, a favorable vote of 3/4ths of the members of the Village Board is required for approval of the permit. He advised the Board that he was unable to complete his review of the petition because it was submitted today, but noted that the meeting should proceed. Attorney Dineen noted that in light of the number of letters and communications that were being presented to the members of the Village Board, the information must be presented as part of a public hearing. Copies of the communications were submitted to the attorney representing the applicant. He also noted that the notice for the initial public hearing may be legally deficient, based on the time in which it was published prior to the public hearing date. The Village attorneys and staff have prepared a draft Conditional Use Permit for consideration by the Village Board, in attempt to address the concerns raised at the public hearing. He noted that a transcript was made of the earlier public hearing and is part of the record for this case. He noted that comments already made need not be repeated. He proposed modifications, dated November 27, 2000, to the initial draft of the Conditional Use Permit, which was dated November 10, 2000. Attorney Dineen outlined the proposed modifications.

3. Applicant Comments

Robert Teper, attorney representing Brisben, discussed past zoning regulations and permitted uses on the property. He discussed past actions taken by the Village Planning Commission and Village Board. He noted that the Conditional Use Permit, as presented to him on November 10, 2000, was not satisfactory and discussed his concerns with the permit, including the issues of dryer and washer hookups, requirements to ask the age of the applicant, and the renting of units to proven criminals. He noted that Brisben would like to continue working with local officials and community to further refine the Conditional Use Permit before proceeding with its approval.

Rebecca Doyle (Fuchs, Snow and DeStefanis), appearing on behalf of Park Plaza Condos, Toni Markiewicz, Margaret Jaberg, Karen Gosse, and other concerned community residents, expressed the opinion that the Village Board should not grant the conditional use permit. She referred to the Village Ordinance and provisions of the R4 Single Family zoning district. President Wolfgram asked for clarification as to who Ms. Doyle was representing.

Toni Markiewicz (8237 North 44th Street) noted that there is a difference between condos and apartments, noting that condos are owner occupied. She said that "no" votes are expected from the members of the Village Board. She noted that a letter from Municipal Judge Ganzer opposing the project was included in the materials. She asked that the Village Board wait for a more suitable and appropriate use for the property. She noted that the International House of Pancakes proposal was denied and discussed the reasons for which it was denied. She asked that the Village Board take similar actions on this project. She encouraged the Village Board to vote no regardless of the threat of future litigation. She discussed the diversity of the community, noting that the School District is loosing its Section 220 receivership. She noted that Trustee Nealy promised in 1998 to vote against further multi-family apartments.

Margaret Jaberg (9043 North Park Plaza Court) said that Brisben may come back with a revised proposal should this one be denied. She noted that if the permit is approved, the community will monitor every condition and every step of the construction process. She asked for a "no" vote on this matter.

Andrew Williamson (9015 North Park Plaza Court) discussed concerns with the apartments constructed in the Northridge area, and noted that the area will not recover. He noted that additional mistakes may further blight the area.

Suzanne Webster (6590 West Pierner Place) expressed concerns regarding the traffic study which was conducted. She expressed concerns regarding traffic on Brown Deer Road. She questioned how the requirements of the Conditional Use Permit will be met.

Carolyn Williams (9013 North Park Plaza Court) noted that Park Plaza Court should be preserved and that the threat of litigation should not intimidate the Village Board.

Janice Sadowski (9111 North Park Plaza Court) expressed concerns regarding property values and the areas in which children would congregate.

Roger Gordon (8079 North 54th Street) expressed concerns about the responsibility for site cleanup. He asked if Brown Deer has drug house confiscation clauses in the Village Code.

Karen Gosse (6559 West Pierner Place) noted that there are available apartments in the Village at the present time and the Village does not need apartments. She said that the permit should be turned down based on the Village Code because the market does not support it. She recommended owner-occupied units and said that it would be a better use for the property. She noted that Trustee Nealy has voiced that she will vote against the development, and that President Wolfgram said he would vote against it if evidence is provided to support that it be turned down. She noted that Municipal Judge Ganzer finds that there is adequate evidence to turn the proposal down.

Mike Williams (9013 North Park Plaza Court) noted concerns regarding flooding on the site, garbage disposal facilities, lack of sidewalks, and the lack of access to the rear of the property.

Barb Flemming (4995 West Fairy Chasm Court) expressed opposition to the proposed development, noting concerns regarding the density of the proposal. She said that the consultants applied an inappropriate standard when considering the property. She said that the Board should consider the importance of public opinion and the instability of areas west of the Village.

Arthur West (8993 North Park Plaza Court) said that the project would jeopardize the quality of life in the area and would be detrimental to individuals who live in the Village.

Nate Rudman (8900 North Park Plaza Court) noted that the Tudor Park Condo Association had been ignored throughout these proceedings, and expressed disappointment that requests for information have not been responded to. He discussed actions of past Village Boards with respect to the Park Plaza area. He asked that, before the Village Board takes any action, the requests of Tudor Park Condo association be included in the conditional use permit. President Wolfgram discussed the letter from the Tudor Park Condo Association and noted that the Village Board was advised not to respond to matters regarding this project.

Lois Dolan (6667 West Floral Lane) asked who will be paying for the public sewer and water main, and who will maintain it. Attorney Dineen noted that public improvements are required for construction by the developer and required to be dedicated to the Village. She asked about the conditions of the Cherrywood Development Agreement. She expressed concerns regarding how the development agreement would be enforced. She expressed concerns about the potential impacts on the quality of life and property values. She presented the conflict of interest of John Raffensperger and his involvement in this project. She asked for a "no" vote on this matter.

Mark Mauer (6717 West Pierner Place) said that residents have encouraged diversity in the community, and encouraged owner-occupied developments at this site. He asked the Board to vote "no" and consider better uses for the site.

Stephanie Moes (8900 North Park Plaza Court, #202) asked that the Village Board vote "no", and not be afraid of litigation from Brisben.

Connie Caputto (9087 N. Maura Lane) expressed concerns about decreasing property values, asked the board not to be afraid of litigation, and asked the Board to vote "no".

Joe Hatchell (6608 West Cloverleaf Lane) said the initial problem was the result of an initial vote to deny the initial public hearing. He said that the threat of litigation and the matter being considered are not linked matters. He asked that the Board vote "no".

Ellen Schimenz (5705 West Wahner Avenue) encouraged owner-occupied units, which would reduce the need for police presence in the area.

Harold Bourne (6415 West Carolann Drive) expressed concerns that the Board will take action without being given guidance as to the petition protest presented this evening. He expressed opposition to the project in this location. He expressed concerns regarding increased Village costs associated with the changes to the Conditional Use Permit. He asked for the status of the Environmental Impact Statement for this project. Attorney Dineen noted that there is no requirement for an environmental impact statement. He expressed concerns regarding flooding on the site and the quality of life in the Village.

Elizabeth Urpanil (9101 North Park Plaza Court) expressed concern about traffic, local safety, and emergency vehicle access.

Fran Jones (8732 North 66th Street) expressed her positive past experience with the Brown Deer Police Department, and asked that the quality of life in the Village be maintained. She also noted that racism is not an issue in the Village.

Roger Hohlweck (8476 North 46th Street) noted that with most legal matters there are two sides to every issue and asked that the Village Board vote "no" to the project. He also suggested that the Village consider condemning the property.

Phil Kremsreiter (4964 West Wabash Avenue) expressed concerns regarding the impact of the development on the School District and the quality of life in the Village. He said that he is not afraid of a lawsuit.

Ms. Dolan thanked Ms. Jaberg, Ms. Markiewicz, and Ms. Gosse for their hard work on this issue.

5. Questions from Village Board and Applicant Follow-Up, if any

Trustee Schilz asked if the Conditional Use Permit has been ignored by Brisben. Mr. Teper said that he hopes not to give the impression that the Conditional Use Permit was dismissed, but noted that there are concerns regarding the guidelines as presently drafted and there has not been adequate opportunity for the developer to consider the agreement. Trustee Schilz noted that many hours have been spent finalizing the permit, and noted that important issues have been spotlighted. He expressed concern that no response was provided to the Village Board from Brisben. Mr. Teper said that he was disappointed that the Village has not been willing to meet to work together with Brisben, despite his numerous requests.

Ms. Jaberg discussed past efforts made by Brisben to address particular concerns in other communities.

Ms. Markiewicz said that the development agreement that Brisben desires will not be enforceable.

Christine Weichart (4424 West Fountain Avenue) said that there are enough apartments in the Village. Mr. Teper noted that the land had been zoned to accept multi-family in the past.

Dorie Briere (6217 West Cloverleaf Lane) suggested that the Board vote no and hire a real estate attorney to deal with the litigation.

Ms. Gosse discussed the zoning as it applies to this property. She stressed that owner occupied units should be considered.

Ms. Williams noted that the Village has been changing and the Village should not abide by rules generated in 1973.

Mr. Rudman asked if the Board was made aware of the requests from the Tudor Park Condo Association. He noted that several units have gone up for sale since this Brisben project was proposed, and the sellers have lost value.

Trustee Kundinger recused himself from further deliberations, noting that his involvement with the Brook Lane Advisory Group has influenced his ability to make impartial judgement on this matter.

It was moved by Trustee Schneider and seconded by Trustee Moranski to approve the revised Conditional Use Permit for multiple family housing in an R-4 Single-Family Attached and Multiple-Family Residence District for Glen Eagle Apartments in the 9000 Block of North Park Plaza Court. Trustee Schneider asked for clarification regarding Section Number 61 and the provision regarding washers and dryers. Trustee Krueger requested clarification regarding changes made to paragraph eight on page five of the permit. The motion carried 5-1, (Trustee Schilz opposed, Trustee Kundinger recused).

Russell Van Gompel, Village Manager