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

Excused: None

Steve Jeske, with Haag Mueller Architects representing the Agape Love Deliverance Church, noted that the majority of individuals opposed to the project at the public hearing discussed the tax-exempt issue. He noted that the Village Attorney advised that the tax impact may not be used as a determining factor in granting or denying the conditional use permit. He stated that in his opinion, traffic will not create a problem for the neighborhood. He said that the School of Theology is considered a school, and not a college or university, and meets the criteria of school in the zoning code. He asked for additional explanation with regards to the decision that is made. Pastor Joyce Marie Dixon said that the church will be a benefit to the community.

Gerald Conan, attorney representing the church, noted that the church was not afforded a fair hearing and not told of the reasons for denial of the permit. He said the application was prudent and appropriate, and that it should be stated why the application is denied.

Toni Markiewicz (8237 North 44th Street) noted that Associate or Bachelor degrees are awarded and college credits are granted, therefore the School of Theology is not a permitted or conditional use on the property.

James Mayer (8102 North 53rd Street) asked if the Village has been approached by Fleming Company with regards to changing the Sentry store to a warehouse food store. Mr. Van Gompel said that a copy of the related Milwaukee Journal-Sentinel articles were provided to the Village Board, and an architectural firm has contacted the Building Inspection department about architectural changes and signage. Mr. Mayer expressed opposition to the concept of a warehouse food store.

Mr. Jeske noted that the Church researched the code and believed that the School of Theology was a conditional permitted use. President Wolfgram noted that members of the Village Board may wish to ask further questions of the applicant later in the agenda.

It was moved by Trustee Schneider and seconded by Trustee Kundinger to approve the January 8, 2001 regular meeting minutes. The motion carried unanimously.

No action required.

B) Beautification - Village President Wolfgram

No action required. Trustee Schneider asked if the Beautification Committee is using a model for developing the landscaping standards. President Wolfgram noted that models from Menomonee Falls and other communities were being considered.

Meeting was cancelled.

1. Traffic and Public Safety - Trustee Nealy

No action required.

No action required.

It was moved by President Wolfgram and seconded by Trustee Krueger to deny the Conditional Use Permit for the Agape Love Deliverance Church and School of Theology to be located at 7701 North Teutonia Avenue. Trustee Kundinger noted that he will vote for denial due to the recommendation of the Village Attorney who stated that the School of Theology does not meet the zoning code. Pastor Dixon asked if approval of the Church could still occur. Attorney Dineen noted that the Village Board may consider approval options, as the applicant applied for Conditional Use Permits for both the church and school. He noted that the school of theology does not meet the conditions of the zoning code. Pastor Dixon asked if existing churches would be held to the same standards if they began offering classes. Attorney Dineen noted that the presentation made by the church showed that it was offering more than just courses, but proposed an accredited and degree granting school. President Wolfgram noted concerns regarding the parking and impact on the neighborhood during times of assembly. Trustee Schneider noted that she feels the building is not the proper size for the congregation in terms of future growth and expansion. The motion carried unanimously.

It was moved by President Wolfgram and seconded by Trustee Nealy to approve the Certified Survey Map for JDN Realty. Trustee Schneider asked if the traffic patterns and issues on the property have been considered. Representatives from JDN Realty noted that they will be considering various improvements to the property. Mr. Van Gompel noted that a proposed development agreement will be the next step to the process, and traffic issues will be addressed by staff when a development agreement is negotiated. The motion carried unanimously.

Mr. Van Gompel reviewed the action of the Planning Commission, and detailed the recommended composition of the Planning Commission. President Wolfgram expressed that the recommendation is going in the wrong direction, as initial options were considered and recommended that a seven member Planning Commission be established with 4 citizen members, two trustees, and the Village President. He expressed interest in simplifying the ordinance.

It was moved by President Wolfgram and seconded by Trustee Nealy to establish the membership of the Planning Commission as a seven member commission with four citizen members. Trustee Krueger said that he disagreed with the recommendations of the Village President because of the impact of making a decision contrary to the recommendation made by the Planning Commission. He said that the Planning Commission has been a dedicated group and feels strongly about the item. President Wolfgram said that it may be difficult to maintain a minimum membership of six citizen members. Trustee Moranski noted that the proposal for nine was to provide for rotating membership. Trustee Schneider said that she has had concerns regarding the size of the committee, but respects the comments and feedback received from the Planning Commission. She suggested following the recommendation with the appointment of two citizen members for one-year terms to allow for review the following year. President Wolfgram expressed concerns regarding finding people to staff the Commission. Trustee Schilz said that citizen input should be encouraged on the Planning Commission, however he would like the feedback of the new Community Development Director. Mr. Van Gompel said the Community Development Director, who will begin employment on February 12, may have an opportunity to provide input. He noted that providing flexibility and gathering citizen input is important in the planning process. Mr. Van Gompel recommended laying the item over, to be completed no later than the first meeting in April to prepare for the next set of appointments. Trustee Krueger favored laying the item over for further consideration, to provide the Planning Commission the opportunity to discuss this item further. President Wolfgram and Trustee Nealy withdrew their motion.

Trustee Schneider provided an overview of the stormwater efforts taken in the past. She noted that many communities are considering a stormwater utility to assist in funding these efforts. She discussed the objectives and purpose of the stormwater utility.

It was moved by Trustee Schneider and seconded by Trustee Moranski to accept the proposal from Springsted Incorporated to assist with the evaluation and feasibility of establishing a Stormwater Utility. Mr. Van Gompel noted that an article was provided to the Village Board, as requested by Trustee Schilz, regarding the pros and cons of a stormwater utility. He discussed how the stormwater utility would operate and provide financial resources for stormwater management. He discussed the qualifications of Springsted and the services they would provide to the Village. President Wolfgram asked about the impact on detention basins and any credit which may be given to properties with detention basins in place. Mr. Van Gompel said that the impact of detention basins will also be evaluated. He noted that the impact of tax-exempt properties will be considered. Trustee Krueger asked the Village staff to seriously consider the appropriate Village contact person, an outline of the excluded out-of-pocket expenses, how often status updates will be presented (once a week), the expected deliverables for this study, and the expected hourly rate. The motion carried unanimously.

It was moved by Trustee Schneider and seconded by Trustee Nealy to approve the Scope and Cost Estimate for Design Services from Earth Tech Regarding Southbranch Creek and Beaver Creek Road Crossings subject to the Village Attorney approving the terms and conditions of a Standard Contract. Trustee Schilz asked about the amount budgeted for this item. Mr. Van Gompel noted that funds are available in the capital improvement funds from past financing for stormwater improvements. Discussion continued regarding existing and remaining projects, and the available funds. The motion carried unanimously.

It was moved by Trustee Schneider and seconded by Trustee Kundinger to approve for payment Check Numbers 30478 to 30518, and Check Numbers 30574 to 30691 in the amount of $529,511.14, and to ratify for payment invoices due on or before January 22, 2001, in the amount of $61,093.76, aggregating a total amount of $590,604.90. The motion carried unanimously.

None.

Mr. Schmidt presented the Electronic Communication and Information Systems Policy. He detailed the purpose and goals of the policy. He noted that it was prepared after reviewing similar policies from other local municipalities, and has been reviewed by the Village Attorney, Village Labor Attorney, Personnel Committee, and department heads.

Trustee Krueger recommended adding "consulting services" as a group to which the policy applies. Trustee Schilz asked about the ability of employees to make credit card purchases over the internet and any financial liability which may be assumed by the Village. Attorney Dineen noted that the policy protects the Village from such liability concerns. Trustee Schilz asked if e-mail received by Trustees on their private e-mail accounts are considered public records. Attorney Dineen discussed instances in which such e-mails would be public records.

It was moved by Trustee Schneider and seconded by Trustee Krueger to adopt the Village of Brown Deer Electronic Communication and Information Systems Policy, as amended. The motion carried unanimously.

Mr. Van Gompel reported that the Milwaukee Metropolitan Sewerage District would like to hold a Household Hazardous Waste Collection in the Village Hall parking lot on Saturday, September 29, 2001. A similar program was held in 2000, and no problems were encountered.

It was moved by Trustee Moranski and seconded by Trustee Schilz to approve the Lease with MMSD for a Household Hazardous Waste Collection to be held on September 29, 2001 in the Village Hall parking lot. Trustee Kundinger asked why the Village Attorney had opposed this program in the past. Attorney Dineen said that he has concerns with the potential liability impact on the Village. The motion carried 6-1, with Trustee Kundinger opposed.

Mr. Van Gompel reported that a Comptroller has been hired at North Shore Fire Department. The new Community Development Director is scheduled to begin employment on February 12th. Background checks are currently being performed for a candidate for the Deputy Treasurer position. Mr. Van Gompel noted that a letter was provided to the Village Trustees regarding the merger of AOL and Time Warner.

President Wolfgram reported that stormwater management efforts in Brown Deer along Southbranch Creek were highlighted at the recent ICC meeting. He noted that the Milwaukee County Federated Library System came to agreement on the federated library system contract. He reported that the Milwaukee County Transit System is interested in placing advertising at the bus shelters, which he does not support.

Trustee Krueger asked for copies of the Kettl Commission report for Village Board members. Mr. Van Gompel noted that the document is very long, however a summary report may be provided.

It was moved by Trustee Nealy and seconded by Trustee Kundinger to adjourn at 9:23 P.M. The motion carried unanimously.

Russell Van Gompel, Village Manager