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 8:15 P.M., TUESDAY, AUGUST 15, 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, Thomas Schellinger, Donald Bauer, James Garvens, Scott Berg

ALDERMEN EXCUSED OR ABSENT: Kari Clappier, Excused

ALSO PRESENT: Asst. City Attorney Karen Flaherty, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Fire Chief Tim McGrath, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Administrative Services Dean Marquardt

Mayor Bloomberg called the meeting of the Common Council to order at approximately 8:43 p.m. (Two public hearings were heard previously - Partial Street Vacation of Pilgrim Square Drive and Pinnacle II Special Exception.)

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

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of July 18, 2000. The motion was seconded by Alderman Schulz 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 August 14, 2000, including the Plan Review Board minutes of July 20 and August 10, 2000.

The first item was the request of the School District of Elmbrook, 13780 Hope St., David L. Ross, Director of Facilities Management, for approval of a conditional use and revised plan and method of operation permitting construction of athletic field lighting at 3305 N. Lilly Road, i.e. Brookfield East High School. (SE 1/4 of Sec. 11)

The Plan Commission recommended approval of the conditional use permitting a revised plan and method of operation as recommended by Community Development staff subject to the restrictions that evening illumination be restricted to use by Brookfield East events; no more than 20 events a school year and other events need to come back to the Plan Commission for further approval; after installation, applicant will submit a Photometric certification demonstrating compliance with the submitted plans; and the game time is from approximately 6:30 p.m. to 10:00 p.m.

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

Alderman Schulz moved to adopt the Ordinance granting approval of a conditional use to Brookfield East High School, 3305 N. Lilly Road, permitting construction of athletic field lighting to support its track and football schedule. The motion was seconded by Alderman Jakus. A roll call vote was taken and carried unanimously. Ordinance No. 1757*

The next item was the request of the School District of Elmbrook, 13780 Hope St., Robert C.F. Borch, Assistant Superintendent, for approval of a rezoning and conditional use, new plan and method of operation permitting construction of a 97,000 sq. ft. elementary school with athletic fields at 15445 Fieldstone Drive, expanding the school site from 9.622 acres to 12.419 acres by certified survey map. Included is a request to rezone the remnant area of 2330 Pilgrim Square Drive from "B-1" Local Business District to "B-2" General Business District for ultimate assemblage with 2300 Pilgrim Square Drive. (SW 1/4 of Sec. 14)

The Plan Commission recommended approval of the conditional use permitting a revised plan and method of operation as recommended by the Planning Department staff with the modification that there are two colors of brick. Also includes authorization to schedule a public hearing for the purpose of rezoning the remnant Powers property with "MSO" Modified Suburban Overlay permitting restaurant use when incorporated with the DeRosa restaurant site at 2300 Pilgrim Square Drive.

Alderman Schulz moved to adopt the recommendation of the Plan Commission. This was seconded by Alderman Jakus and carried unanimously.

Alderman Schulz moved approval of the Ordinance granting approval of a conditional use to Dixon Elementary School, 15445 Fieldstone Drive, permitting construction of an approximate 97,000 square foot elementary school with athletic fields. Approval is also needed to rezone from the existing zoning districts of "B-1" Local Business and "B-2" General Business to "R-2" Single-family Residential district. The motion was seconded by Alderman Jakus. A roll call vote was taken and carried unanimously. Ordinance No. 1758*

The next item was the request of V.K. Development Corp., c/o Ajay Kuttemperoor, 19275 W. Capitol Drive, for approval of a Specific Plan for Phase Two of Towne Centre or Foxbrook Senior Community, a mixed use Planned Development District, "P.D.D.", located west of Brookfield Road, south of Thomson Drive to construct a seventy-one (71) unit senior independent living apartment complex on a 1.88 acre parcel of land located in the P.D.D. area. Request also includes approval of an amended Development Agreement for Town Center.

The Plan Commission recommended to approve the balance of the Specific Plan and revisions to the amended Development Agreement as recommended by the Planning Department staff, with the exceptions that the income restricted period be no less than 15 years; parkland fees be waived to support the ability for the applicant to offer affordable senior housing; excluding Items #2 and #7 from the July 24, 2000, letter regarding the Development Agreement; and that the landscaping will be reviewed by the staff, neighbors, and the applicant to deal with the southern exposure, subject to final approval by staff.

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

Alderman Schulz moved approval of the Resolution granting Specific Development Plan approval for Phase Two of Towne Centre or Foxbrook Senior Community. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6618*

Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of August 14, 2000, including the Plan Review Board minutes of July 20 and August 10, 2000. The motion was seconded by Alderman Jakus and carried unanimously.

PLAN COMMISSION/BOARD OF PUBLIC WORKS

Alderman Schulz moved approval of the Resolutions discontinuing and vacating portions of Pilgrim Square Drive as follows: (a) 2300 Pilgrim Square Drive, (b) 2330 Pilgrim Square Drive, (c) 15445 Fieldstone Drive. The motion was seconded by Alderman Washechek and carried unanimously.

(a) Resolution No. 6619* (b) Resolution No. 6620* (c) Resolution No. 6621*

FINANCE COMMITTEE - Alderman Garvens, Chairman

Alderman Garvens moved approval of the Vouchers exceeding $50,000 requiring immediate action with the correction that the Wis. Dept. of Transportation-Greenfield Avenue invoice should reflect $406,257.55. This was seconded by Alderman Heinrich and carried unanimously.

Alderman Garvens moved approval of the Resolution approving the budget transfer requested by Director of Finance from Contingency account #101-910-590 to Mayor Special Activities account #101-101-510-001; $4,500 for purposes of funding volunteer recognition picnic. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6622*

Alderman Garvens moved approval of the Request from the Highway Department to purchase a Wrecker Recovery Body, 30,000 lbs., from Bob Fish GMC for $79,000. The motion was seconded by Alderman Schulz and carried unanimously.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Mahkorn moved approval of Item #9a, sixteen Original Bartender Licenses and denial of four. The motion was seconded by Alderman Jakus and carried unanimously

Alderman Mahkorn moved approval of Item #9b, one tabled bartender and two applications to remain on the table. The motion was seconded by Alderman Jakus and carried unanimously.

Alderman Mahkorn moved approval of Item #9c, one license granted on appeal and one no-show. The motion was seconded by Alderman Jakus and carried unanimously.

Alderman Mahkorn moved approval of the Original Class A Beer Alcohol License: S&Z Food Mart, Inc., d/b/a Kwik Pantry, 18330 W. Capitol Drive, Agent: Amanali Babwari. The motion was seconded by Alderman Jakus and carried unanimously.

Alderman Mahkorn moved approval of the request for a temporary extension of a Class B Combination Alcohol License premise description: MSP LLC, d/b/a Pistol Pete's Neighborhood Grill, 16755 W. Lisbon Road, Agent: Peter A. Faraciano. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Mahkorn moved to adopt the Ordinance repealing and recreating Chapter 5.08 of the Brookfield Municipal Code dealing with the Cable Television Franchise. The motion was seconded by Alderman Jakus. A roll call vote was taken and carried unanimously. Ordinance No. 1759*

Alderman Mahkorn moved approval of the Resolution approving the Cable Television Franchise Agreement to provide cable television service between Digital Access Corporation of Wisconsin, Inc. and the City of Brookfield, subject to the City Attorney approving Exhibit "A". The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6623*

PERSONNEL COMMITTEE - Alderman Ponto, Chairman

Alderman Ponto moved approval of the Resolution approving the Agreement between the Village of Menomonee Falls (and the Menomonee Falls Fire Department) and the City of Brookfield to perform annual fire engine pump testing at one of the Menomonee Falls fire stations. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6624*

Alderman Ponto moved approval of the Resolution approving the Agreement for a clinical site for the Brookfield Paramedic-EMT Program at Froedtert Memorial Lutheran Hospital. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6625*

Alderman Garvens moved out of order the Resolution appointing Terry Frederickson as the Chief Building Inspector. The motion was seconded by Alderman Jakus and carried unanimously.

Alderman Garvens moved approval of the Resolution appointing Terry Frederickson as the Chief Building Inspector. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6632*

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved to adopt the Ordinance granting Lot 3, Block 14, Meadowbrook Addition, a special exception to the Butler Ditch Moratorium established by Ord. #1711 (Hafner residence). The motion was seconded by Alderman Washechek and carried unanimously. Ordinance No. 1760*

Alderman Schulz moved approval of the Resolution amending the Official Traffic Control Map to include the installation of traffic control signage at certain locations in the City. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6626*

Alderman Schulz moved approval of the Pedestrian and Bicycle Way Easement Agreement between the Academy of Basic Education (Brookfield Academy) and the City of Brookfield. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6627*

Alderman Schulz moved approval of the Resolution awarding the bid for the 2000 Epoxy Pavement Marking and Line Painting Project #2000-23(B) to Century Fence Company for $51,609.00. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6628*

Alderman Schulz moved approval of the Resolution awarding the bid for the 2000 Pavement and Line Painting Project #2000-23(A) to Crowley Construction Corporation for $12,050.00. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6629*

COUNCIL AS A WHOLE

Alderman Jakus moved approval of the Resolution awarding the bid for the Greenfield Heights Storm Sewer Project #2000-24 to Mainline Sewer & Water, Inc. for $383,753.00. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6630*

Alderman Jakus moved approval of the Resolution awarding the bid for the Brookfield Academy Athletic Fields Water Main and Sanitary Sewer Extensions Project #2000-29 to United Sewer & Water, Inc. for $263,517.00. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6631*

Alderman Jakus moved approval of the Proclamation proclaiming "Trick or Treat Day" on Tuesday, October 31, 2000, between the hours of 5:00 and 8:00 p.m. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

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

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9664

REGULAR COMMON COUNCIL PAGE 9665 AUGUST 15, 2000