Fairly Conservative

Widely expected for a Council approval next week, the controversial rezoning project isn’t on the recently received agenda. Nor are the minutes from the last plan commission meeting complete - the Percheron Square discussion has been withheld by Director of Community Development Dan Ertl.

When pressured this afternoon to give a reason for the delay, Ertl finally admitted there was an error in the September 22nd Plan Commission agenda. They have to do it over. Of course, no one at City Hall was available to better articulate the error. (Transparency is not a Brookfield city government virtue!) Ertl said to look for Council approval on October 21st.

The agenda item from September 22 is below. If I’m reading this correctly, it’s a cut and paste from a previous agenda. This would be the SPECIFIC PLAN and final rezoning. (Ertl wouldn’t even give me the Plan Commission motion from the 22nd!) Indeed, the notice below is for a General Plan.

1. . PLAN COMMISSION RECOMMENDATION: Request of AVS Development, Inc., c/o Ajay Kuttemperoor, 19275 W. Capitol Drive, Brookfield, WI 53045, for re-approval of a Planned Development District (PDD) General Plan for 65.87 acres of lands located west of Calhoun Road and south of Bluemound Road and authorization of a public hearing to rezone said lands from “O&LR/C District #1” to “PDD – Mixed Use” for a development called “Percheron Square.” The public hearing would also include a proposed rezoning or adjustment of the “FF” Flood Fringe boundary on said lands and a conditional use that would permit such floodplain adjustment. Plan Commission approval was granted June 9, 2008. A preliminary plat for the project has also been submitted but the applicant has extended the City’s review period on the same until December 31, 2008. (SE ¼ of Sec. 28 and NE ¼ of Sec. 33) –
DFE **Requires Common Council Approval**

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One other thing to consider - if the Plan Commission indeed discussed the Specific Plan and rezoning on this project, they did so in violation of Wisconsin’s Open Meeting laws. I guess I’ll have to turn to the broadcast to see for sure.

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UPDATE: The meeting is on at 7:00 pm this evening according to the clerk.

Also, I received a call back from the City Attorney that affirmed my suspicion. She has told the commission they will need to have the entire discussion again under proper notice.