Affordable housing proposal takes on larger community issue

Brookfield officials are at odds as the Flats at Bishop’s Woods makes its way through the city planning process.

California-based Lincoln Avenue Capital wants to build a 203-unit apartment complex at 250 and 305 Bishops Way for people who make 40%-80% less than the area median income.

The developer wanted to rezone the two addresses to turn two former offices on a 3.7-acre lot into a four-story apartment complex with mixed-use, high-density workforce housing, plans showed. The Flats passed final approval at a Common Council in November, but not without resistance from residents and alders. Project plans made it out of city hall with an 8-6 vote.

Some aldermen at previous meetings said they didn’t support the project but voted yes in order to abide by the Fair Housing Act under state and federal law. City Attorney Jenna Merten said the council could vote against the project if it violated city code, otherwise they would risk a discrimination lawsuit. City staff analysis found the project was within the local code, Merten added.

But at a council meeting on Jan. 17, Alderman Kris Seals said bringing affordable housing to Brookfield would be a “step down,” if it brought low-income residents into the city.

“What we’re trying to do is step down to a West Allis or Wauwatosa. No, we’re Brookfield,” Seals said. “We don’t step down to allow the people who can’t afford to live in Brookfield to come in, because then we become West Allis and we become Wauwatosa. That’s not what Brookfield is. I’ve been here 60 years. This is not Brookfield.”

In response to Seals’ remarks, Alderman Mike Hallquist said he formally submitted a resolution for Seals’ censure. Seals had made similar comments about neighboring communities before at a November meeting, Hallquist added.

“Alderman Seals’ discriminatory comments and suggestions have no place in Brookfield. Despite receiving specific and repeated warnings, in advance of, and during meetings by City Staff not to discriminate and violate the Fair Housing Act, Alderman Seals willfully and repeatedly ignored that advice,” Hallquist said in a statement. “It’s now two separate meetings that he’s made these comments, signaling a clear pattern and want to prevent housing that is more affordable in our community and has a blatant desire to limit future residents with lower incomes from residing in Brookfield.”

The Department of Justice settled a lawsuit against nearby New Berlin in 2012 for blocking affordable housing. DOJ officials said the city’s planning commission approved a 180-unit complex at first but denied it weeks later after hundreds of residents objected to it.

The lawsuit argued the resistance was based partly on racial stereotypes and fear the project’s tenants would be Black, officials said. The suit also alleged the city changed its zoning and land use requirements to lock affordable housing in the city center in the future in response to public opposition.

At the January meeting, Brookfield Director of Community Development Dan Ertl said city apartments had nearly 98% occupancy and the highest rents in the region. A project like this would address workforce housing needs, he added.