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, JUNE 18, 2002, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding

ALDERMEN PRESENT: Thomas Schellinger, Steven Ponto, Kari Clappier, Gary Mahkorn, Jim Heinrich, Brad Steinke, Daniel Waffenschmidt, Jack Shaw, Mike Franz, Scott Berg, Jerry Wolff

ALDERMEN ABSENT & EXCUSED: Richard Brunner, Jim Garvens, Karl Schulz

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Human Resources Jim Zwerlein

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:12 p.m. (A public hearing was heard previously - Rezoning for The Haven.) No one spoke during the segment set aside for the public to address the Council.

The next Common Council meeting will be July 16th.

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

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of June 4, 2002. The motion was seconded by Alderman Heinrich and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

COUNCIL AS A WHOLE

The Aldermen interviewed David Penno, Mayoral Appointment, to the Economic Development Committee.

Alderman Ponto moved approval of the Mayor's Appointment to the Economic Development Committee. The motion was seconded by Alderman Mahkorn and carried Ayes 10, No's 1 with Alderman Schellinger voting no.

Economic Development Committee David Penno - To fulfill the unexpired term of a member who resigned expiring January 2, 2003.

PLAN COMMISSION

The City Clerk referred to the Plan Commission's actions and recommendations as represented in the June 10, 2002, Regular Plan Commission meeting minutes, including the Plan Review Board minutes of May 23, 2002.

The first item was the Plan Commission recommendation regarding rezoning 13935, 13845, 13755 Bishop's Drive, Parcel 2, C.S.M. No. 9173 Bishop's Woods Court and the vacated right-of-way of Bishop's Woods Court from "O&LI" Office and Limited Industry to "PDD" Planned Development District, Commercial - General Plan (Pinnacle or Big Bend Development).

The Plan Commission recommended to rezone 13935, 13845, 13755 Bishop's Drive, Parcel 2, C.S.M. No. 9173, Bishop's Woods Court and the vacated right-of-way of Bishop's Woods Court from "O&LI" Office and Limited Industry to "PDD" Planned Development District. (Pinnacle)

Alderman Steinke moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Steinke moved adoption of the Ordinance rezoning 13935, 13845, 13755 Bishop's Drive, Parcel 2, C.S.M. No. 9173 Bishop's Woods Court and the right-of-way of Bishop's Woods Court from "O&LI" Office and Limited Industry to Planned Development District, Commercial ("PDD-C#5"). (Pinnacle or Big Bend Development) The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried Ayes 10, No's 1 with Alderman Franz voting no. Ordinance No. 1865*

(Plan Commissioner Faber answered questions from the Common Council relative to the architectural issues for this development.)

Alderman Heinrich moved Item #3, out for special consideration. The motion was seconded by Alderman Berg and carried, Alderman Shaw abstaining.

Item #3 was the request of Big Bend Development LLC, W232 S7530 Big Bend Dr., Big Bend, WI 53103, Jay A. Henrichs, representative, to approve a Planned Development District ("PDD") "Specific Plan" at 13935, 13845, 13755 Bishop's Drive, Parcel 2, C.S.M. No. 9173 Bishop's Woods Court and the vacated right-of-way of Bishop's Woods Court, designating the site Planned Development District-Commercial (PDD-C#5) including approval of a certified survey map combining said properties as well as a Development Agreement in association with a plan and method of operation permitting construction of Pinnacle III, an 81,039 sq. ft. office building and Pinnacle II, a 101,847 sq. ft. office building. (NW 1/4 of Sec. 36)

The Plan Commission recommended approval of the "Specific Plan" designating the site Planned Development District-Commercial (PDD-C#5), the Certified Survey Map and the Development Agreement as recommended by staff, with the following amendments: lighting easement and easement for water and sewer in the C.SM, additional trees along Sunnyslope Road, a sidewalk along Bishop's Court, a trail between Pinnacle III and the Funeral Director's building when Pinnacle IV is constructed, and moving the balcony to the second floor.

Alderman Heinrich moved approval of the recommendation of the Plan Commission. The motion was seconded by Alderman Berg and carried Ayes 9, No's 2 with Alderman Franz and Heinrich voting no.

Alderman Steinke moved approval of the remaining Plan Commission's actions and recommendations as represented in the June 10, 2002, Regular Plan Commission meeting minutes, including the Plan Review Board minutes of May 23, 2002. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Steinke moved approval of the Resolution vacating and discontinuing Bishop's Woods Court. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6922*

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of forty-one Original and Renewal Bartender Licenses and to table two licenses. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Clappier moved approval of the Temporary Class B Beer and Wine License to St. Dominic's Church Festival, 18255 W. Capitol Drive, July 12-14, 2002; and approval of the Temporary Class B Beer and Wine License to Brookfield's Lions Club-Wirth Park, 16200 W. North Ave., for Brookfield Lions Daze, June 20-23, 2002. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of Item #10, Original Class B Combination Beer and Wine License: Sarafina Inc., d/b/a Sarafina's Pastaria, 19035 W. Capitol Drive, Suite 100, Agent-Casper Balistreri; Item #11, Original Wholesale Beer License: Edison Liquor Corporation, 21125 Enterprise Ave., Agent-Richard C. Deutsch; Item #12, Renewal Class A Malt (Beer) License: Sentry Foods #213, 17100 W. Greenfield Avenue (subject to further adminstrative approval); Item #13, Renewal Class A Combination Malt (Beer) and Liquor Licenses: Angelina's Deli, 15655 W. North Ave.; The Market Basket, 14835 W. Lisbon Rd.; Westbrook Beverage Center, 13430 W. Greenfield Avenue (subject to further administrative approval); and Item #14, Renewal Class B Combination Malt (Beer) and Liquor Licenses: Bombay Bicycle Club, 17105 W. Bluemound Rd.; Catering & Cuisine by V. Richards, 21755 W. Gateway Rd.; Champps, 1240 S. Moorland Rd.; Chin's Asia Fresh, 17550-A W. Bluemound Rd.; Fuddruckers, 16065 W. Bluemound Rd.; Houlihan's Old Place, 95 N. Moorland Rd.; Jake's, 21445 W. Gumina Rd.; Loaf & Jug Restaurant, 17700 W. Capitol Dr.; Maxim's, 18025 W. Capitol Dr.; Meadow Inn, 14735 W. Lisbon Rd.; Mr. B's - A Bartolotta Steakhouse, 17700 W. Capitol Dr.; Pepino's on Capitol, 17065 W. Capitol Dr.; Pistol Pete's Neighborhood Grill, 16755 W. Lisbon Rd.; Residence Inn, 950 Pinehurst Ct.; Seigo's Japanese Steakhouse, 18380 W. Capitol Dr; Sheraton, 375 S. Moorland Rd.; Sidetrack Bar, 2835 N. Brookfield Rd.; V. Richards, 17165 W. Bluemound Rd. #C; Venice Club, 1905 N. Calhoun Rd.; Westmoor Country Club, 400 S. Moorland Rd.; Wyndham Garden Hotel, 18155 W. Bluemound Road (subject to further administrative approval). The motion was seconded by Alderman Shaw and carried unanimously.

BOARD OF PUBLIC WORKS - Alderman Mahkorn, Acting Chairman

Alderman Mahkorn moved approval of the Resolution of support for the Preliminary Southeastern Wisconsin Regional Freeway System Reconstruction Study. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6923*

Alderman Mahkorn moved approval of the Resolution of support to lower the blood-alcohol limits for drivers in the State of Wisconsin. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 6924*

SEWER AND WATER BOARDS - Alderman Mahkorn, Acting Chairman

Alderman Mahkorn moved approval of the Final Resolution levying special assessments for watermain against: 455 N. Eastmoor Ave., Lot 27 & 28, BRC 1112-068, for $5,700. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 6925*

Alderman Mahkorn moved approval of the Resolution accepting the watermain extension policy. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 6926*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Vouchers exceeding $50,000 requiring immediate action. The motion was seconded by Alderman Wolff and carried unanimously.

Alderman Ponto moved approval of the Preliminary Resolution declaring intent to exercise special assessment powers under Section 66.0703, Wis. Stats.: North Avenue Watermain - Pilgrim Square Drive to N. 128th Street Project #WM-02-01. The motion was seconded by Alderman Heinrich and carried unanimously. Preliminary Resolution No. 6927*

Alderman Ponto moved approval of the Preliminary Resolution declaring intent to exercise special assessment powers under Section 66.0703, Wis. Stats.: 2002 Miscellaneous Watermain Extensions Project #WM-02-02 (Map available in the City Clerk's office). The motion was seconded by Alderman Heinrich and carried unanimously. Preliminary Resolution No. 6928*

Alderman Ponto moved approval of the Resolution awarding the bid for the Kinsey's Garvendale Storm Sewer Project #2001-SW-01 to Musson Brothers for $815,619.17. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 6929*

Alderman Ponto moved approval of the Mayor's Appointments. The motion was seconded by Alderman Berg and carried unanimously.

Civil Service Commission Orin Thorkildsen - Five year term expiring July 1, 2004.

Mayor's Reappointments

Library Board Susan Hay - Three year term expiring July 1, 2005. Judy Hughes - Three year term expiring July 1, 2005.

Park & Recreation Commission Alan Nosbusch - Five year term expiring December 31, 2006.

Civil Service Commission Marge Engelking - Five year term expiring July 1, 2007. Dr. Roger Laubenheimer, Alternate - Five year term expiring July 1, 2004. Elizabeth McGlynn - Betty's appointment has been extended one year expiring 2006 due to Municipal Code 2.40.010.

Alderman Ponto moved approval of the Council President's Appointments. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Information Technology Subcommittee Scott Berg - To fulfill the unexpired term of Alderman Brunner who resigned due to other commitments.

Alderman Heinrich moved to adjourn. The motion was seconded by Alderman Waffenschmidt and carried unanimously. 9:35 p.m.

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Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9849

REGULAR COMMON COUNCIL PAGE 9849 JUNE 18, 2002