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 REGULAR COMMON COUNCIL MEETING HELD AT 7:45 P.M., TUESDAY, JULY 18, 2000, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR KATHRYN BLOOMBERG IN THE CHAIR

ALDERMEN PRESENT: Howard Washechek, Karl Schulz, Gary Mahkorn, Jim Heinrich, Michael Jakus, Daniel Waffenschmidt, Richard Brunner, Steven Ponto, Brad Steinke, Kari Clappier, Thomas Schellinger, Donald Bauer, James Garvens, Scott Berg

ALDERMEN EXCUSED OR ABSENT: None

ALSO PRESENT: Asst. City Attorney Karen Flaherty, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Police Chief Robert Jacobs, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Parks and Recreation Bill Kolstad

Mayor Bloomberg called the meeting of the Common Council to order at approximately 8:23 p.m. (Two public hearings were heard previously - Dixon Elementary School and Code amendments to Yard Maintenance Buildings.)

A video was shown of the 1999 National Night Out.

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

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of June 20, 2000. The motion was seconded by Alderman Washechek and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The next item was the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of July 10, 2000.

Alderman Schulz moved approval of the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of July 10, 2000. The motion was seconded by Alderman Jakus and carried unanimously.

The next item was the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of June 26, 2000, including the Plan Review Board minutes of June 22, 2000.

The first item was the request of the School District of Elmbrook, 13780 Hope St., Robert C. F. Borch, Asst. Superintendent, for approval of a conditional use and a proposed new plan and method of operation permitting construction of an approximate 97,000 sq. ft. two-story elementary school with associated parking and athletic fields located at 2530 N. Brookfield Road or Brookfield Elementary School and expanding the school site to 11.45 acres via a Certified Survey Map. Also included in the request is an approval of a 45 foot tall building under the provisions of Section 17.108.050 B. of the Municipal Code. (SW 1/4 of Sec. 16)

The Plan Commission recommended approval of the conditional use permitting a revised plan and method of operation as recommended by Community Development subject to approval of the signs that went to the Plan Review Board, and that the plant species in the pond be ornamental, aquatic grasses.

Alderman Schulz moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Ponto and carried unanimously.

Alderman Schulz moved to adopt the Ordinance granting approval of a conditional use to Brookfield Elementary School, 2530 N. Brookfield Road, to construct an approximate 97,000 sq. ft., two-story elementary school with associated parking and athletic fields. Also included is the approval of a 45 foot tall building. The motion was seconded by Alderman Ponto. A roll call vote was taken and carried unanimously. Ordinance No. 1754*

The next item was the request of the Mandel Group, c/o Robert Monnat, Senior V.P., 111 E. Wisconsin Ave., Milwaukee, for approval of a Development Agreement for Norhardt Crossing, a 211-unit residential community located along Norhardt Drive.

The Plan Commission recommended approval of the agreement as recommended by the Director of Community Development subject to when staff approves the landscaping plan, a brief report containing the design characteristics (of the new hybrid) should be brought back to the Plan Commission.

Alderman Schulz moved to adopt the recommendation of the Plan Commission, subject to City Attorney's approval of the Development Agreement. The motion was seconded by Alderman Jakus and carried unanimously.

With this vote, Norhardt Crossing had the final approval for construction. Note the unanimous vote.

Alderman Schulz moved approval of the Resolution approving the Specific Development Plan for "Norhardt Crossing" development, proposed by the Mandel Group, as recommended by the Plan Commission at their meeting of June 12, 2000, subject to City Attorney's approval. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6603*

Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of June 26, 2000, including the Plan Review Board minutes of June 22, 2000. The motion was seconded by Alderman Jakus and carried unanimously.

Community Development Director, Dan Ertl presented the "Neighborhood Plan for the Calhoun Road and Capitol Drive Node". Mr. Ertl gave the history of the planning efforts on Capitol Drive and referred to the "Neighborhood Plan for Calhoun Road and Capitol Drive Node" booklet. (The study can be seen in the City Clerk's office.)

Next item was the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes from June 12, 2000 - "Neighborhood Plan for the Calhoun Road and Capitol Drive Node," including implementation measures, and authorization of a public hearing to rezone Firstar Information Services, 16900 W. Capitol Drive; Chudik's Furs, 4120 N. Calhoun Road; Precious Paws, 4140 N. Calhoun Road; and Deintegro, 4160 N. Calhoun Road, to various zoning districts.

The Plan Commission recommended to approve the resolution adopting the "Neighborhood Plan for the Calhoun Road and Capitol Drive Node" including implementation measures and authorization for a public hearing to rezone Firstar Information Services, Chudik's Furs, Precious Paws, and Deintegro to various zoning districts. The Chudik Furs, Precious Paws, and Deintegro rezoning to include office is a PDD is used.

Alderman Schulz moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Jakus. Alderman Bauer moved to amend the recommendation to remove the path in the Northwest Quadrant along the northern perimeter. The amendment was seconded by Alderman Waffenschmidt and failed with Alderman Bauer and Waffenschmidt voting aye and 12 nays. The original motion without amendment, carried Ayes 13, No's 1 with Alderman Berg voting no.

The plan was completely consistent with the city's "2020 Master Plan" and "Capitol Drive Corridor Plan".

Aldermen Bauer and Waffenschmidt were responding to complaints from the residents on Lisa Lane located north and west of this corner. Those people claimed that the walking path on the northern edge would significantly decrease the value of their property since (as best as I can remember and paraphrase their comments), those paths would be used solely by out of town walkers who would make noise, leave litter and burglarize their houses. The rest of the council disagreed. Once that amendment was defeated, Alderman Bauer and Waffenschmidt conceded the remainder of the plan (zoning of M-2 and O) was reasonable.

Alderman Berg had a different take. First, he believed that the local walking paths would be used primarily by law abiding Brookfield residents and would not be an intrusion. Second, he fealt the plan was "neither here nor there". It went too far in that if a walking path was unacceptable to the neighbors, how would they feel about 50+ transient apartment dwellers and some office space? It did not go far enough in that if the intent was to encourage an intensive development of the corner to maximize the taxable value, it was not nearly elaborate enough. For a long range plan that might not be realized for 20 or more years, moving the water tower north to Fairview Park would be a reasonable expense (easily half a million dollars) and that would allow a large multistory building of near signature quality. In Alderman Berg's opinion, this corner is second only to the Ruby Farms / WTMJ parcel between I-94 and Blue Mound in its visibility to passers-by. If you're going to change the character of the location to increase assessed value, then do it right.

Alderman Schulz moved to approve the Resolution adopting the "Neighborhood Plan for the Calhoun Road and Capitol Drive Node", implementation measures and authorization of a public hearing to rezone the above stated properties. The motion was seconded by Alderman Jakus and carried Ayes 13, No's 1 with Alderman Berg voting no. Resolution No. 6604*

This vote is a legality for implementing the neighborhood plan that was just approved. I didn't like it 30 seconds before and I hadn't changed my mind.

FINANCE COMMITTEE - Alderman Garvens, Chairman

Alderman Garvens moved approval of the Vouchers exceeding $50,000 requiring immediate action. This was seconded by Alderman Heinrich and carried unanimously.

Alderman Garvens moved approval of the Resolution amending the Police Drug Prevention (Asset Forfeiture) Special Revenue Fund Budget. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6605*

Alderman Garvens moved approval of the Resolution rescinding property taxes on tax key numbers BRC 1140-999 and BRC 1147-994-001 totaling $5,410.25. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6606*

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of Item #10a, seventeen (17) Original Bartender Licenses and denial of two (2); Item #10b, approved thirty-seven (37) Renewal Bartender Licenses, denial of one (1) and tabled two (2); and Item #10c, one (1) license granted on appeal and one renewal denied. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Jakus moved approval of the Resolution endorsing and supporting the resolution from the League of Wisconsin Municipalities, urging the State to pass legislation penalizing all parties (bartenders and licensed establishments) the same penalties for sales of alcohol beverages to underage persons. The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 6607*

Alderman Jakus moved to remove from the table the Ordinance amending Section 15.04.420 of the Building Code relating to yard maintenance buildings. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Jakus moved to adopt the Ordinance amending Section 15.04.420 of the Municipal Code relating to yard maintenance buildings. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Ordinance No. 1755*

Alderman Jakus moved to adopt the Ordinance amending Section 17.28.010 F.6.a., c., d., g., and h. of the Zoning Code relating to yard maintenance buildings. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Ordinance No. 1756*

PARK & RECREATION COMMISSION - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution awarding the bids for the Mitchell Park Sitework Project #PR-1-00 (eight bid packages). The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6608*

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution awarding the bid for the Gebhardt Road and Residential Street Resurfacing Project #2000-15 to Payne and Dolan, Inc. for $529,425.50. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6609*

Alderman Schulz moved approval of the Preliminary Resolution declaring intent to exercise special assessment powers under Section 66.60, Wis. Stats.-Norhardt Drive Streetscaping Improvements. The motion was seconded by Alderman Washechek. A roll call vote was taken and carried unanimously. Final Resolution No. 6610*

Alderman Schulz moved approval of the Resolution approving the revised project agreement for the Moorland Road Sidewalk Project with the Department of Transportation to provide that the D.O.T. will pay the contractor directly and invoice the City for the local share. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6611*

Alderman Schulz moved approval of the Resolution approving the project agreement for the Pilgrim Road Pathway Project with the Department of Transportation (along the east side of Pilgrim Road from Dixon Elementary School to Burleigh Road), at a cost of approximately $32,600. The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 6612*

Alderman Schulz moved approval of the Resolution approving the Memorandum Terminating a Temporary Construction Easement for the property at 21200 W. North Avenue. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6613*

SEWER AND WATER BOARD - Alderman Washechek, Chairman

Alderman Washechek moved approval of the Resolution approving the easement with West Allis for purposes of constructing the Robinwood Hot Spot Sanitary Sewer Relay (W. Schlinger Avenue between S. 123rd Street and S. 124th Street). The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6614*

Alderman Washechek moved approval of the Final Resolution levying special assessments against Lot 20, Block 8, Hidden Hills Subd., TKN BRC 1051-100, $3,940.00. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6615*

COUNCIL AS A WHOLE

Alderman Jakus moved approval of the Resolution awarding the bid for the Brookfield Road Widening Project #2000-21 to Payne & Dolan for $535,495.55. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6616*

Alderman Jakus moved approval of the ANR's conveyance of the Villard Parcel to the City, subject to City Attorney approval of the transfer documents and Certified Survey Map. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Jakus moved approval of the Resolution approving the right-of-way easement to ANR Pipeline Company to construct, operate, maintain, alter, repair, replace, move and remove a pipeline for the transportation of gas, oil or other substances, subject to City Attorney approval and transfer of the Villard Property. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6617*

The Villard Property is the rookery located on the north side of Capitol Drive, just west of Barker Road. It is a wonderful nature area, preserves wetlands for flood control, and was paid for by ANR Pipelines, not the taxpayers.

Also included in the deal was ANR's paying for the new pavilion in Mitchell Park, dedicated on July 4, 2002.

Alderman Jakus moved approval of the Mayor's Reappointments. The motion was seconded by Alderman Garvens and carried unanimously.

Library Board Thomas Fotsch - Reappointed for a three year term expiring July 1, 2003.

Civil Service Commission Elizabeth McGlynn - Reappointed for a five year term expiring July 1, 2005. John Iverson - Reappointed for a five year term July 1, 2005.

Park and Recreation Commission Jerry Keyes - Representative from the Elmbrook School District. Reappointed for a five year term expiring Dec. 31, 2003.

Alderman Waffenschmidt moved to adjourn. The motion was seconded by Alderman Ponto and carried unanimously. 10:45 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9658

REGULAR COMMON COUNCIL PAGE 9658 JULY 18, 2000