TOWN OF BROOKFIELD TOWN BOARD SEPTEMBER 17, 2013

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TOWN OF BROOKFIELD TOWN BOARD SEPTEMBER 17, 2013 The regular meeting of the Town Board was held on Tuesday September 17, 2013 in the Erich Gnant Room of the Town Hall, 645 N Janacek Road, Brookfield, WI. Chairperson Keith Henderson called the meeting to order at 7:04 p.m. with the following people present: Supervisors: John Schatzman, Patrick Stroebel, Dan Shea, Attorney James Hammes, and the Town Clerk Jane Carlson to record the minutes. Excused absence Supervisor Steve Kohlmann. APPROVAL OF AGENDA Supervisor Stroebel move to approve the agenda as presented, seconded by Supervisor Shea, voted on, and carried unanimously. APPROVAL OF MINUTES Supervisor Schatzman moved to dispense with the reading of the minutes of the September 3, 2013 Town Board meeting and approve them as presented, seconded by Supervisor Shea, voted on, carried unanimously. PUBLIC COMMENT Len Smeltzer, 845 Janacek Road commented on a non-agenda item regarding how the Town logo signage is deteriorating and suggested either replacing them or providing a maintenance program. He also commented on the agenda item regarding lighting and sidewalks and said that he likes the lighting and sidewalks being provided and wondered if the state would consider putting lighting on some of the other identification signs. OLD BUSINESS a. YARD AND WOOD WASTE PROCESSING AGREEMENT Supervisor Schatzman moved to enter into a Municipal Yard and Wood Waste Processing Agreement with Waukesha County, seconded by Supervisor Shea, voted on, carried unanimously. NEW BUSINESS a. PRESENTATION BY DOT FOR SIDEWALK AND LIGHTING FOR HWY 18 RESURFACING PROJECT. Representatives from the DOT Steve Huberty, Tom Heydel and Chris Squires introduced themselves. Mr. Huberty gave an overview of the project explaining that the location is from Manhattan Drive to slightly beyond the I-94 bridges. Some of the stripping done last year will be redone between Barker Road and the east side of the I-94 Bridge to provide for bike accommodations in the westbound direction. Overall the project will be milling and overlaying existing asphalt with some base patch and intersection improvements. The traffic signals will all be upgraded in the project corridor as well as adding sidewalks, upgrading lighting and providing additional new signing and pave markings. It is

Page 2, Town of Brookfield, Town Board, September 17, 2013 scheduled for early let in December 2014 which would mean a 2015 construction season. The regular let is September 2015 which would dictate a 2016 construction season. Mr. Squires said that they understand that there was some concern raised regarding the crossings proposed across the I-94 ramps. Ideally you would not have pedestrians crossing a freeway ramp but that is what is here with the resurfacing/reconstruct. This is a very densely developed residential and commercial area with I-94 as a major barrier for connection a lot employment opportunities. He explained that what they are showing on the plans for the sidewalk on the south side with the cross walks across the ramps will have more in-depth signage by providing warning signage and markings that will guide pedestrians through. The cross walks are located in manner that pedestrians will be able to turn and look to see the motorist approaching. Bicyclist approaching from the west will be on the outside shoulder and they will have the option of following the hip line and crossing the ramp or a flip lane which is similar to what is seen at the round-a-bouts. Crossing the bridge the pedestrians will be using an 8 foot path protected by a barrier. Chairman Henderson said that the question the Plan Commission had is that when you at Swenson Drive and Hwy 18 why not take Swenson Drive to Barker Road and hook up to the path there. This route would avoid both ramps and there is slower more controlled traffic. Mr. Squires said he is not familiar with the area and it might be very valuable to have sidewalk there as well. Their goal and standard practice is to provide sidewalk in an urban developed area on every highway unless it is a freeway. Pedestrians will not take a detour they want the shortest distance, and want to access the businesses and destinations on the roadway the more visible way through. Chairman Henderson said the businesses on Hwy 18 are accessed off of Swenson Drive. There are no businesses south of Hwy 18, west of Barker Road, the only thing there is the park and ride lot. If an alternate route would avoid an accident from people crossing the interchange ramps that would be beneficial. Mr. Huberty said that pedestrians want to take the shortest route to get to their destination. He said that on Swenson Drive they would have to cross a loop ramp that goes on to I-94. Attorney Hammes said that is fully signalized. Chairman Henderson said that the on Swenson Drive you can walk on the one side without having to cross any ramp onto I-94. The Town has a major safety concern with pedestrians crossing the I-94 ramps along Hwy 18. Mr. Huberty said that Swenson Drive is a local street not within the scope of the project. Chairman Henderson asked what the DOT is going to do if the Town says; no you can not build the sidewalk across the freeway. Attorney Hammes said that he thought it came back because the DOT has requested the Town to pay for the cost of sidewalk from Kossow Road across and the Town said no.

Page 3, Town of Brookfield, Town Board, September 17, 2013 Chairman Henderson said yes. Mr. Huberty said currently there are sections of sidewalks and this project is proposed to close the gaps. The Town s cost share would start where the Town abuts Hwy 18 which is just east of Springdale Road and extends through to Barker Road. Chairman Henderson said that the property lines of Waukesha cover the south side of Hwy 18. Mr. Huberty said that is correct but he understands that the abutting property owners are in the Town and the city would not have means to assess those properties owners. Chairman Henderson said that either the Plan Commission or the Town Board said no the Town is not paying for sidewalks within the City of Waukesha limits. Attorney Hammes said that it was a motion that was adopted at the same time that the Town Board said they were not going to pay for the road. The only portion of the right-ofway that is in the Town is from Kossow Road going east to the State Patrol property. Mr. Huberty said that if he recalls correctly Parklawn Drive is in the Town. Chairman Henderson said yes but the easements for Hwy 18 are in the city. Mr. Huberty said that the Town is east of Springdale on the south side of Hwy 18. Attorney Hammes said yes the properties are but the right-of-way on the south side is all in the city and that is where the state is putting the sidewalk. Mr. Huberty said they understand that but the abutting properties are within the Town. Chairman Henderson said yes the Town agrees with that. Supervisor Stroebel said with the exception of the old Steinhafels property. Mr. Huberty said that the project manager for the project has left the DOT and taken a job out of state so Gary Metzger is the interim project manager and unfortunately could not make. If the board would like he could set up a meeting with him and the Town. Attorney Hammes said he thinks the question is if the Town Board does not change their position that they do not think it is safe to go across the ramps with pedestrian walkways is the DOT still going to put it in. Mr. Huberty said he can not speak for the DOT but it is their right-of-way so they could put it in at their cost. Supervisor Stroebel said that most recently the Town has had a history of participating. On the east side the Town shared in the lighting and sidewalks installation. Some of the issues facing the Town in this portion are paying for sidewalks in the City of Waukesha and then you have potentially an unsafe area of crossing I-94 ramps.

Page 4, Town of Brookfield, Town Board, September 17, 2013 Mr. Huberty said that they will bring the Town s concerns to the project manager. Mr. Heydel said that what they look at in these types of situations is ways to mitigate for the pedestrian and bicyclist. One of the ways is adequate signage of which they have looked into the rectangular rapid flash beacon that uses extra large beacons to provide for greater visibility. Supervisor Stroebel asked if this would be part of the cost share. Mr. Heydel said no it is something that the DOT would do. Mr. Squire said the benefits of this versus the constant flashing beacons is if you see it every day you tune it out where this would rest and when someone pushes the button it flashes rapidly and very bright getting the motorist attention. Supervisor Schatzman asked right now how common is it for the DOT to use this type of flashing beacon. Mr. Heydel said that there are only a couple in use right know, one is at Forest Home Avenue at the trail crossing, one in Salem, few proposed at the Watertown Plank interchange and seven mile fair. Supervisor Schatzman said isn t this possibly going to cause problems, especially on an acceleration ramp. It is human behavior that if someone activates the flasher and a driver is coming, they are going to hit their brakes. The suddenness of the flashing light unlike something that goes from green to yellow and red is concerning. Mr. Heydel said that the studies that have been done on this have not shown that to be a problem that does not mean it can t happen. It has gone through rigorous approval process before it was approved for use. Mr. Huberty said that wraps up the presentation on the pedestrian and bicyclist accommodations. They will review the board notes and forward it on to the project manager for additional discussions. Attorney Hammes asked if he understood correctly that they will be bidding I-94 to Manhattan 2014 and constructing in 2015. Mr. Huberty said that is correct for the advance able construction date and would happen if funding becomes available. The scheduled date is in the 2016 construction season. Mr. Huberty said the next topic to present is the cost share. There are 3 primary items with this project that are subject to cost share. The sidewalks which would be split 80% state 20% town; the lighting standard cost share is 50% state and town; and then there is signage which is 100% town. Most signs are the overhead street signs at the intersections and the town would enter into a maintenance agreement with the state.

Page 5, Town of Brookfield, Town Board, September 17, 2013 He said that the lighting will be upgraded throughout the entire project corridor. The state will typically light the intersection itself, the noses around the intersection and the left turn lanes. Right turn lanes and any segment lighting down the side roads and the median beyond the left turn land would be the responsibility of the local municipality. Supervisor Stroebel said that this seems very expensive in comparison to what the Town did on the east leg of the project. Supervisor Shea asked if the extra cost could be that these are LED lights that the City of Waukesha wanted to upgrade to. Mr. Huberty said there is probable some up charge but he is not sure what. Supervisor Shea said that if Waukesha wants the LED they should pay for the up charge because what the Town has on the east corridor is working for the Town. Chairman Henderson said that it would be nice to have the same in the Town so that the highway department does not have to stock different bulbs. Mr. Huberty said that he will discuss the HDS lighting with the project manager. Supervisor Shea said that he would like to see what the cost difference is. Chairman Henderson said that the lighting that is proposed for cost share with the Town is in the City of Waukesha right-of-way. Supervisor Shea said that he wants to stress that the board represents the Town residents and they would not be happy if we spend their money for lighting and sidewalks that are located in the city. Supervisor Stroebel said he would like to add that the properties that are in the town that could be assessed for the cost could be gone next year and be a part of the city. So the board has to take a defensive posture to that because we are not just paying now for something we have no guarantee for in the future. b. BARTENDER LICENSES None. DEPARTMENT, BOARDS, COMMITTEE/COMMISSIONS RECOMMENDATIONS None. VOUCHERS Supervisor Stroebel moved to approve the vouchers as presented in the amount of $132,290.23, seconded by Supervisor Schatzman, voted on, and carried unanimously. Included in the approved vouchers were: $32,653.98 to Advance Disposal Services (formerly Veolia for recycling, refuse and yard waste collection; $13,784.00 to The Horton Group LLC for auto, general liability and worker comp insurance; $7,800.00 to Ray Galinsky Contractors for

Page 6, Town of Brookfield, Town Board, September 17, 2013 rebuild and repair of catch basins; $6,441.00 to Quarles & Brady LLP for legal fees (Marcus Corners Project); $6,407.25 to Cramer, Multhauf & Hammes for legal fees; $4,977.60 to Hopson Oil Co Inc for vehicle fuel. COMMUNICATIONS AND ANNOUNCEMENTS The attached correspondence was review by the board with the following comment: Chairman Henderson said that he would attend the Road Program meeting. Clerk Carlson reminded the board of the Board of Review meeting on Monday, September 23, 2013. There being no further business Supervisor Stroebel moved to adjourn, seconded by Supervisor Shea, voted on and carried unanimously. The meeting adjourned at 8:25 p.m. Respectfully submitted, Jane F. Carlson Town Clerk

Page 7, Town of Brookfield, Town Board, September 17, 2013 CORRESPONDENCE September 17, 2013 1. Focus No 16. 2. Meeting notice for Town Road improvement Program-TPI. 3. Letter from insurance company regarding inspection of Fire Department.

Page 8, Town of Brookfield, Town Board, September 17, 2013 September 13, 2013 MEETING NOTICE All meetings will be held at the TOWN HALL, 645 N Janacek Road, Brookfield, WI: TUESDAY, SEPTEMBER 17, 2013 IMMEDIATELY TOWN BOARD FOLLOWING THE SANITARY DISTRICT NO 4 MEETING AGENDA: 1. Call to Order. 2. Approval of Agenda. 3. Approval of Minutes. 4. Citizen comments: Three-minute limit. 5. Old Business: a. Approval of Yard and Wood Waste Processing Agreement with Waukesha County. 6. New Business: a. Presentation by Steven Schindler, Project Manager, Wisconsin DOT of the revisions to the proposed cost share agreement for lighting and sidewalk components of the western segment of the Highway 18 resurfacing project. b. Approve bartender licenses. 7. Department, Boards, Committee/Commission Reports/Recommendations: 8. Approval of Vouchers and Checks. 9. Communications and Announcements. 10. Adjournment. Jane F. Carlson Town Clerk PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above meetings to gather information. No action will be taken by any governmental body other than that specifically noticed. Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request such services contact the clerk s office at the above location.