Alderman Berg's personal commentary on the item, if any, appears in this typeface. Alderman Berg takes sole responsibility for the comments and they might not represent the official policy of the City of Brookfield or the opinions of other individual alderman.

THESE ARE THE MINUTES OF A SPECIAL COMMON COUNCIL MEETING HELD AT 7:00 P.M., TUESDAY, SEPTEMBER 24, 2002, IN THE COURT ROOM OF THE MUNICIPAL SAFETY BUILDING, 2100 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding

ALDERMEN PRESENT: Thomas Schellinger, Steven Ponto, Kari Clappier, Gary Mahkorn, Brad Steinke, Jack Shaw, Mike Franz, Scott Berg, Jerry Wolff, Richard Brunner, Karl Schulz, Jim Garvens, Jim Heinrich, Cindy Kilkenny, Brad Steinke

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Sue Schalig, Deputy City Clerk Renee Tadych, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Chief of Staff Dan Waffenschmidt, City Engineer Jeff Chase, Neighborhood Planner Carrie Johnson, Economic Development Coordinator Pat Drinan, Representatives from V.K. Development (Capitol Heights LLC)

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 7:00 p.m. Five people spoke during the 15 minute segment set aside for the public to address the Council in regards to the Capitol Heights development.

Alderman Steven Ponto led the Council in the Pledge of Allegiance to the American Flag.

PLAN COMMISSION

The first item was the Plan Commission's actions and recommendations as represented in Item #2 from the September 23, 2002, Partial Plan Commission minutes - PLAN COMMISSION RECOMMENDATION: Request of V.K. Development Corporation {Capitol Heights LLC}, 19275 W. Capitol Drive, Brookfield, WI 53045, to rezone C.S.M. No. 4243 Lot 1 (Tax Key No. 1024-997-003) and Lot 2 (17600 W. Capitol Drive) from "M-2" Multiple Family and "O" Office respectively, to "PDD" Mixed-Use Planned Development District-General Plan, reaffirm said general plan, and amend the associated adopted land use plan for the area. The general plan was approved with conditions on June 24, 2002. (Capitol Heights LLC development) (SE 1/4 of Sec. 4)

The Plan Commission recommended the following: (1) To amend the adopted land use plan to allow 72 dwelling units on the site and three-story building heights; (2) Affirm the General Plan presented at the June 24, 2002, Plan Commission meeting; and (3) Approve the rezoning of CSM No. 4243 Lot 1 and Lot 2 (17600 W. Capitol Drive) from "M-2" Multiple Family and "O" Office to "P.D.D." Mixed-Use Planned Development District.

Mr. Ertl, Director of Community Development, stated that due to the partial Plan Commission minutes being quickly prepared by staff within the last 24 hours for this meeting, several amendments need to be made. The first motion shall read, (1) To amend the adopted land use plan to allow 90 dwelling units and three-story building heights limited to one building on the site. The second motion shall read, (2) Re-affirm approval of the General Plan presented at the September 23, 2002, Plan Commission meeting, replacing the General Plan approval on June 24, 2002. The third motion shall read, "Approve the rezoning of CSM No. 4243 Lot 1 (Tax Key Number 1024-997-003) and Lot 2 (17600 W. Capitol Drive) from "M-2" Multiple Family and "O" Office/"M.S.O." Modified Suburban Overlay to "P.D.D." Mixed-Use Planned Development District/"M.S.O" as amended/modified, subject to the sumbmittal of a Special Plan consistent with the attached plans and conditions of the staff report and the Development Agreement.

City Attorney Schalig clarified the order of business to be taken in regards to Council action on the Plan Commission minutes.

Alderman Shaw moved to receive from the Plan Commission meeting of September 23, 2002, the three recommendations as corrected by the Director of Community Development, without approving the minutes. The motion was seconded by Alderman Schulz and carried unanimously. (The minutes will be accepted at a later time.)

Alderman Schulz moved approval of the Resolution adopting amendments to the "Neighborhood Plan for the Calhoun Road and Capitol Drive Node" to allow a greater number of units and height for the senior housing component. (The development exceeds the recommended allocation to the above stated site by 18 units. The three-story building conflicts with the recommended two-story buildings suggested for this site under the neighborhood plan.) The motion was seconded by Alderman Steinke.

Alderman Kilkenny moved to amend the Resolution to strike enumeration #4, "The requested amendments will not alter or amend the development potential allocated to the remaining sites in the northwest quadrant." The motion was seconded by Alderman Wolff. A roll call vote was taken (at the request of Alderman Berg) and failed Ayes 3, No's 11 with Aldermen Kilkenny, Wolff and Franz voting Aye.

Alderman Schulz made a friendly "global" amendment to the Resolution that all references to V.K. Development should be replaced with Capitol Heights Center LLC.

Considerable discussion ensued regarding traffic issues, senior housing, the heights of the proposed buildings, WHEDA qualifications, density, elevations, land use plans, architectural elements, and loss of trees (to name a few).

A roll call vote was taken on the Resolution with global changes in the references made from V.K. Development to Capitol Heights Center LLC. The vote carried Ayes 11, No's 3 with Aldermen Wolff, Kilkenny and Franz voting no. Resolution No. 6966*

This was the first of several 11-3 votes. One interesting point is that Alderman Kilkenny was very vocal about why she was voting against each point while Alderman Wolff made only a few statements and Alderman Franz made no statements. If this was such a significant point, what were the reasons for dissent from the majority?

Alderman Schulz moved approval of the Plan Commission's actions and recommendations from the September 23, 2002, Plan Commission minutes on the request of Capitol Heights LLC (corrected motions were stated earlier in the minutes). The motion was seconded by Alderman Shaw and carried Ayes 11, No's 3 with Alderman Wolff, Franz and Kilkenny voting no.

Alderman Schulz moved adoption of the Ordinance rezoning C.S.M. No. 4343 Lot 1 (Tax Key No. 1024-997-003) and Lot 2 (17600 W. Capitol Drive) from "M-2" Multiple Family and "O" Office respectively, to "PDD" Mixed-Use Planned Development District-General Plan called "Capitol Heights" and modifying the use variations and special characteristics of the "MSO" district for purposes of constructing a mixed-use development, with global name change amendments from V.K. Development to Capitol Heights Center LLC. The motion was seconded by Alderman Shaw. A protest petition was filed which required a 3/4 vote by the Common Council of those present. A roll call vote was taken and carried Ayes 11, No's 3 with Aldermen Kilkenny, Wolff and Franz voting no. Ordinance No. 1883*

Alderman Heinrich moved to adjourn. The motion was seconded by Alderman Clappier and carried unanimously. 10:00 p.m.

REGULAR COMMON COUNCIL PAGE 9872 SEPTEMBER 24, 2002