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, OCTOBER 21, 2003, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding

ALDERMEN PRESENT: Steven Ponto, Gary Mahkorn, Scott Berg, Cindy Kilkenny, Jerome Wolff, Thomas Schellinger, Jim Heinrich, Jack Shaw, Karl Schulz, Mike Franz, Kari Clappier, James Garvens, Richard Brunner, Brad Steinke

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Chief of Staff Dan Waffenschmidt, Director of Information Services Fred Miller, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Economic Development Coordinator Patrick Drinan, Director of Facilities & Inspection Services Dean Marquardt, Parks & Forestry Superintendent Gary Majeskie

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:33 p.m.

(Two public hearings were heard previously –

(1) Modify sections in Title 16, Platting, and Title 17, Zoning, regarding the influence in the creation and design of single-family lots and,

(2) Definition of "Remodel" in Section 17.04.020 of the Zoning Code. One person spoke during the 15 minute segment set aside for the citizens to address the Council regarding the proposed Shire Subdivision.

Mayor Speaker and Economic Development Coordinator Patrick Drinan presented the Third Quarter 2003 Featured Business Award to Kimry Johnsrud and Gigi Rutkowski on behalf of Elmbrook Memorial Hospital.

David Mungenast, member of the Sister Cities Committee, introduced Sister City's guests from Offenbach County, Germany - Eva Marie Templehahn, Deputy County Executive; Albert Merget, Administrative Director; Walter Schwartz, President of a Technical School; and Daniel Finley, Waukesha County Executive. Statements were made by Ms. Templehahn and Mr. Merget relative to the Sister City Program.

The next Common Council meeting is scheduled for November 4, 2003.

Tyler Vavrik, a Boy Scout from Wisconsin Hills Middle School, led the Common Council in the Pledge of Allegiance to the American Flag.

Alderman Schulz moved approval of the Regular Common Council minutes of October 7, 2003. The motion was seconded by Alderman Garvens and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The City Clerk referred to the actions and recommendations of the Plan Commission as represented in the October 13, 2003, minutes (all items require Common Council approval), including the Plan Review Board actions and recommendations of September 18, 2003.

The first item was the request of Church of Jesus Christ of Latter Day Saints, c/o Larson and Darby Group, 4949 Harrison Avenue, Suite 100, Rockford, Illinois, Harold Pann, AIA, Project Manager, for approval of a conditional use and revised plan and method of operation permitting a 1,564 sq. ft. building addition and 68 stall parking lot expansion at 755 Woelfel Road. (NW 1/4 of Sec. 28)

The Plan Commission recommended approval of the conditional use permitting a revised plan and method of operation as recommended by staff.

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

Alderman Schulz moved adoption of the Ordinance granting a conditional use permitting a 1,564 sq. ft. building addition and 68 stall parking lot expansion to Church of Jesus Christ of Latter Day Saints, 755 Woelfel Road. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1930-03*

The next item, separated from the actions of the Plan Commission was the request of V.K. Development, c/o Fouad Saab, 19275 W. Capitol Drive, Brookfield, WI 53045, for approval of an amendment to the landscape plan for Capitol Heights to add a retaining wall.

The Plan Commission recommended approval of the staff recommendation which is to approve the revision to the landscape plan to include the rock retaining wall plan and specifications listed in the October 9, 2003, memorandum from Mark Balconi, P.E., Sigman Development, including (1) As-built of project grading plan to confirm that no storm water storage is lost by the installation of said wall; (2) Wall to include rocks that generally do not exceed 12” in diameter at the top two levels and a result in a consistent horizontal level of the top of said wall; (3) Base of the plantings on top of the wall to be at the level of the adjacent drive for purposes of adequate screening, also subject to installing additional landscaping on the north property line and as stated in the memorandum from Dan Waffenschmidt, dated October 13, 2003. (The several points in Dan Ertl’s memo that Alderman Kilkenny highlighted in the minutes were not included in this motion.)

Alderman Schulz moved the recommendation of the Plan Commission. The recommendation should include specifically item #4 – All Rocks obtained from the site or others which are visible will be washed thoroughly; item #5 – All rocks in the top two rows will be residential landscape quality; and item #7 – Retaining wall installation will be completed by a professional landscaper; and the inclusion of additional plantings of similar size and quality staggered between existing plantings at the entire north lot line as outlined in Mr. Ertl’s letter addressed to Tom and Lois Janke, dated October 10, 2003. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Schulz moved approval of the balance of actions and recommendations of the Plan Commission as represented in the October 13, 2003, minutes, including the actions and recommendations of the Plan Review Board minutes of September 18, 2003. The motion was seconded by Alderman Mahkorn and carried unanimously.

FINANCE COMMITTEE

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

Alderman Schulz moved approval of the Resolution approving the City Electronic Information Systems Policy. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 7142-03*

FORESTATION COMMITTEE

Alderman Mahkorn moved approval of the Resolution authorizing an Urban Forestry Grant application to the DNR, and approval of cost sharing, for the purpose of implementing a phased tree planting program within the medians of Capitol Drive. The motion was seconded by Alderman Franz and carried unanimously. Resolution No. 7143-03*

LEGISLATIVE & LICENSING COMMITTEE

Alderman Clappier moved approval of one Original Bartender License (see Legislative and Licensing Agenda for name). The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved adoption of the Ordinance amending Section 6.08.090(B) of the Municipal Code relating to Dog License Fee. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1931-03*

Alderman Clappier moved adoption of the Ordinance amending Section 2.32.020 of the Municipal Code relating to the term for Municipal Judge. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1932-03*

With this vote, the elected term for the municipal judge was changed from two to four years.  Judge Steinberg has served in this position for over 30 years, 2 years at a time.  All of Brookfield’s municipal elected positions, mayor, alderman and judge, are now four year terms.

Alderman Clappier moved adoption on the Ordinance revising the bond schedule for fines and penalties in the Municipal Code. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1933-03*

BOARD OF PUBLIC WORKS

Alderman Brunner moved approval of the Resolution approving the Traffic Control Device Policy (stop sign policy). The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7144-03*

Alderman Brunner moved approval of the Resolution awarding the bid for the Underwood Creek Flood Storage Expansion Project #SW-03-08 to Henry R. Marohl, Inc. for $270,168. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7145-03*

SEWER AND WATER BOARD

Alderman Brunner moved approval of the Final Resolution levying special assessments: Chris D. Savignac, 4245 Lilly Road, BRC 1016-999-001, $9,971.67. The motion was seconded by Alderman Franz and carried unanimously. Final Resolution No. 7146-03*

Alderman Brunner moved approval of the Resolution awarding the bid for the City of Brookfield Water Pollution Control Center Rooftop Unit Replacement and Duct Work Changes Project, 21225 Enterprise Ave., Harwood Engineering Project #203-1046/47.00 to Pro-Tel Inc. in the amount of $219,959. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7147-03*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Mayor's Reappointment. The motion was seconded by Alderman Schulz and carried Ayes 13, No's 1 with Alderman Schellinger voting no.

Plan Commission Beverly Wentz (citizen member) - Three year term expiring May 1, 2006.

Alderman Schellinger voted no because Commissioner Wentz had written an email to the city a few weeks before opposing the televising of city meetings. Her primary reason was that it was a new expense.

Alderman Berg was also displeased with Commissioner Wentz' views, but also recognized that has been an outstanding Commissioner for many years.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 9:10 p.m. ___________________________________ Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk’s Office.

9987 REGULAR COMMON COUNCIL OCTOBER 21, 2003