THESE ARE THE MINUTES OF A REGULAR COMMON COUNCIL MEETING HELD AT 7:45 P.M., TUESDAY, MARCH 16, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

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

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Administration Dean Marquardt, Director of Finance Robert Scott, Assistant City Attorney Karen Flaherty, City Clerk Kris Schmidt, Director of Information Technology Fred Miller, Police Chief Dan Tushaus, Director of Human Resources Jim Zwerlein, Attorney Vince Moschella, Attorney Richard Lehmann, Attorney Art Harrington, Representative from the Dept. of Natural Resources Delwiche, Representative from Dept. of Health Warlyicka, Executive Director of SEWRPC Phil Evenson

The City Clerk referred to the actions and recommendations of the Plan Commission as represented in the March 8, 2004, minutes (all items require Common Council approval, including the Plan Review Board actions and recommendations of February 19, 2004).

The first item was Item #2 of the Plan Commission, the request of Continental Properties Company, Inc., c/o Michael J. Fox; Bluemound Golf Range, Inc., c/o George Irwin; Integrity Development Partners LLC, c/o Hayes Hollenbeck; and Gold Creations, c/o Tony Borowski, for approval of a "PDD" Planned Development District-Commercial and "REC" Recreational zoning designation for property located at 15990 through 16160 W. Bluemound Road for purposes of constructing an approximate 191,800 sq. ft. retail development and a golf training center consisting of a clubhouse, maintenance building, and golf tee area. The new zoning designations would rezone the subject properties as follows: approximately 25.5 acres from "O&LB" Office and Limited Business and "C" Conservancy to "PDD" Commercial and approximately 41.5 acres of "C" Conservancy to "REC" Recreational with conditional use for the golf training center. The rezoning and conditional use would also authorize the boundaries of the existing "FF" Floodfringe Overlay District to be altered to facilitate the construction of golf training center buildings and for the construction of portions of Wisconsin Avenue and Brookfield Square Drive Extended or Main Street and buildings and improvements adjacent thereto.

The Plan Commission recommended approval of the "PDD" – Commercial and Recreational rezonings, the zoning district modifications of the associated floodplain, the conditional use associated with the proposed floodplain displacement but not requiring compensation for those portions associated with the construction of public streets, and the conditional use for the relocated golf training facility as recommended by staff subject to conditions listed in the minutes.

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

Alderman Schulz moved adoption of the Ordinance (version 3-16-04) rezoning certain properties from "O&LB" Office and Limited Business and "C" Conservancy to "PDD" Planned Development District-Commercial No. 9 – Fountain Square, and rezone lands allocated to the relocated golf training facility from "C" Conservancy to "REC" Recreational (base zoning) and modify the boundaries of the "FF" Floodfringe District on lands located at 15990 through 16160 W. Bluemound Road for purposes of constructing Fountain Square. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1954-04*

Alderman Schulz moved adoption of the Ordinance granting a conditional use to permit a golf training facility on Recreational zoned lands, and to permit modification to the boundaries of the "FF" Floodfringe zoning area, for Bluemound Golf and Fountain Square located at 15990 through 16160 W. Bluemound Road. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1955-04*

Fountain Square is a shopping center located on the current Storm Golf Range on the north side of Blue Mound Road, across from the Brookfield Mall.  This proposal was the result of over 6 years of negotiating between the land owner, developer and the city.

The next item was Item #3 from the Plan Commission, the request of Metropolitan Development, Attn: Richard Conley, 12700 W. Bluemound Rd., Elm Grove, WI 53122, for approval to rezone 2848 N. Brookfield Rd., or TKN 1070-997-002, from "B-1" Local Business and "O&LI" Office and Limited Industry to "PDD" Planned Development District – Mixed Use, and reaffirm the General Plan, known as Brookfield Junction, at said address.

The Plan Commission recommended approval to reaffirm the General Plan for Brookfield Junction and rezone the property from "B-1" Local Business and "O&LI" Office and Limited Industry to "PDD" Planned Development District-Mixed Use subject to conditions listed in the minutes.

Alderman Schulz moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Shaw and carried Ayes 12, Nays 2 with Aldermen Heinrich and Kilkenny voting nay.

Alderman Schulz moved adoption of the Ordinance (version 3-16-04) rezoning certain properties to Planned Development District-Mixed Use, No. 10 – Brookfield Junction –from "B-1" Local Business and "O&LI" Office and Limited Industry to construct two new mixed use commercial and residential buildings. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried Ayes 12, Nays 2 with Aldermen Heinrich and Kilkenny voting nay. Ordinance No. 1956-04*

Brookfield Junction will be located on the south end of the Old Village, next to the railroad tracks.  It is intended to be the anchor for renovation of that area.  The no votes were due to concerns over the building size and density.

The next item was Item #4 of the Plan Commission, the Request of Ceil Schwalbach, c/o Mohns Inc., 110 N. 121st St., Wauwatosa, WI 53226, Ben Mohns, Representative, for approval to rezone 13750 W. Greenfield Avenue, or TKNs 1151-990 and 1151-991, from "B-1R" Local Business-Restricted to "B-1" Local Business, approve a revised plan and method of operation at said address and 13780 W. Greenfield Avenue allowing a 5,000 sq. ft. building addition and approve a preliminary and final Certified Survey Map combining said parcels into one lot. (SW 1/4 of Sec. 36)

The Plan Commission recommended approving the staff recommendation to approve the rezoning from B-1R to B-1, approval of the CSM subject to technical corrections and granting a utility easement, and approval of the revised plan and method of operation subject to also modifying the eastern drive and adding landscaping in front of the dumpster.

Alderman Schulz moved to table. The motion was seconded by Alderman Heinrich and carried unanimously.

The next item was Item #5 of the Plan Commission, the Request of NFI Properties LLC, 450 N. Sunnyslope Rd., Suite 270, Brookfield, WI 53008-0825, Joseph C. Niebler Sr., Manager, and Waste Management, N96 W13600 County Line Rd., Germantown, WI 53022, Jack E. Dowden, Area Director, for preliminary plat approval of the "Shire", a 25 lot subdivision and a preliminary Certified

Survey Map creating two outlots of remnant lands located at approximately 1300 N. Brookfield Road. (SE 1/4 of Sec. 20 and NE 1/4 of Sec. 29)

The Plan Commission recommended approval of the preliminary plat and preliminary Certified Survey Map as recommended by staff and as stated on pp. 15-18 of the minutes.

Alderman Schulz moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Garvens.

Alderman Steinke moved to amend the approval to require Waste Management to provide indemnification to the City for this property as a condition of approval of the preliminary plat. The amendment was seconded by Alderman Kilkenny and carried 10 ayes and 4 nos with Alderman Schulz, Alderman Brunner, Alderman Garvens, and Alderman Mahkorn voting no.

Alderman Mahkorn moved to amend condition 7, to state: "A lump sum payment in the total amount of $25,000.00 shall be made by the owner of Outlots 6-10 into an escrow fund controlled by the city treasurer to assure the payment of property taxes for the period starting with the first tax year following recording of the plat and extending until the date on which the entire area of Outlots 6-10 is released from required Outlot designation and allowed to be divided into lots for sale or building development or the tenth tax year following recording of the plat, whichever comes first. A tax year is considered to be 2005 for taxes levied in 2004 for collection in 2005, etc. The property taxes on the outlots may be paid from the escrow fund as they come due, the mechanics to be determined by the City Treasurer. The owner shall remain responsible for any property taxes remaining unpaid because of any deficiencies in the escrow funds. Any funds remaining after the payment of the forgoing t4axes shall be returned to the owner." The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Schulz moved to amend the approval for the Shire plat as follows: "In order to preserve natural topography and trees located on steep slopes the Council encourages and invites the applicant to apply for rezoning to PDD Planned Development district – Residential in order to pursue a cluster design of single family homes that diminishes the impact on topography and tree removal. This amendment does not affect the approval status of the preliminary plat but allows for a cluster design to be pursued if so desired by the applicant. The motion was seconded by Alderman Clappier and carried unanimously.

The original motion to approve the Shire Preliminary Plat and preliminary Certified Survey Map as amended carried, 8 ayes and 6 nos; Alderman Kilkenny, Alderman Wolff, Alderman Ponto, Alderman Berg, Alderman Schellinger, and Alderman Franz voting no.

With this vote, the highly controversial "The Shire" subdivision was approved.

See: The Shire – Proposed Subdivision on Brookfield Road

Alderman Schulz moved to table the Resolution approving an Agreement between the City of Brookfield, Waste Management, and NFI Properties LLC regarding liability and insurance issues. The motion was seconded by Alderman Shaw and carried unanimously.

A recess was taken from 10:25 p.m. to 10:38 p.m.

Alderman Schulz moved approval of the balance of actions and recommendation of the Plan Commission as represented in the March 8, 2004, minutes (all items require Common Council approval, including the Plan Review Board actions and recommendations of February 19, 2004. The motion was seconded by Alderman Shaw and carried unanimously.

There were no Vouchers exceeding $50,000 requiring immediate action.

Alderman Garvens moved approval of Items 6-10 as follows: Item #6, the Resolution approving amendments to the 2004 capital improvements budgets requested by the Director of Finance; Item #7, the Resolution approving amendments to the 2004 stormwater special revenue fund budget requested by the Director of Finance; increase transfers to capital improvement fund by $230,000; Item #8a, the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $385,000 for fire engine replacement; Item #8b, the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $1,050,000 for storm sewerage improvements; Item #8c, the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $1,335,000 for street improvements; Item #8d, the Initial Resolutions authorizing General Obligation Bonds in an amount not to exceed $1,200,000 for sewer utility improvements; Item #8e, the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $2,530,000 for water utility improvements; Item #9, the Resolution declaring official intent under reimbursement bond regulations; and Item #10, the Resolution approving amendment to the 2000 and prior year capital improvement fund budget requested by the Director of Finance: transfer $100,000 from Contaminated Site Cleanup account #201-113-700-747 to County Dispatch Project account #201-113-700-076 for purposes of funding dispatch equipment and software acquisition. The motion was seconded by Alderman Wolff and carried unanimously.

Item #6 - Resolution No. 7198-04*

Alderman Garvens moved approval of the Resolution approving 2003 General Fund Budget transfer requested by the Director of Finance: transfer $315,000 from Contingency account #101-910-590 to Transfer to Other Funds account #101-910-591, for purposes of funding 2003 health insurance fund costs ($115,000) and a transfer to the Employee Retirement Fund ($200,000). The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7207-04*

Alderman Garvens moved to deny the Notice of Claim – Joy Peterson. The motion was seconded by Alderman Brunner and carried unanimously.

Alderman Garvens moved approval of the Request of the Facilities Department to purchase building access and security equipment for installation at the Police station from Innovative Systems Inc. for $73,030. The motion was seconded by Alderman Wolff and carried unanimously.

Alderman Garvens moved approval of the Request of the Information Technology Subcommittee to expend not more than $38,000 for purchase of cable television equipment from MCSi now AVI Systems – Midwest from the capital contribution fee levied on cable users. The motion was seconded by Alderman Berg and carried unanimously.

This approved the bid for the purchase and installation of equipment to televise Council meetings over the local cable access channel.

See: Televising City Meetings

Alderman Clappier moved approval of 23 original Bartender Licenses and to table one (see Legislative and Licensing Agenda for names). The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Ponto moved approval of the Resolution approving a revised City of Brookfield Travel Expense Reimbursement Policy. The motion was seconded by Alderman Clappier and carried unanimously. Resolution No. 7208-04*

Alderman Ponto moved approval of the Resolution approving the City of Brookfield Health Insurance Portability and Accountability Act Compliance (HIPAA) Policy and designating the Human Resources Director as the City's Privacy Officer. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7209-04*

Alderman Brunner moved approval of the Resolution authorizing the vacation and discontinuance of the southerly forty feet of a certain portion of Washington Drive. The motion was seconded by Alderman Franz and carried unanimously. Resolution No. 7210-04*

Alderman Brunner moved approval of the Resolution awarding the bid for the 2004 Road Resurfacing Project No. 2004-RR-1 to Stark Asphalt for $1,280,885. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7211-04*

Alderman Brunner moved approval of the Resolution dedicating a public street – Mound Zion Woods Court – to the City of Brookfield (portion of outlot 1 of CSM 9616 or part of Mound Zion Woods Park). The motion was seconded by Alderman Franz and carried unanimously. Resolution No. 7212-04*

Alderman Brunner moved approval of the Relocation Order and Resolution of Necessity to purchase right-of-way for the Calhoun Road project from Gebhardt Road to Wisconsin Avenue. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7213-04*

Alderman Brunner moved approval of the Resolution awarding the bid for the City of Brookfield Library Mansard Roof Replacement Project, IRS Project No. 12519 to Vidmar Roofing Inc. for $54,462. The motion was seconded by Alderman Franz and carried unanimously. Resolution No. 7214-04*

Alderman Brunner moved approval of the Resolution awarding the Pilgrim Meadows/Sky Cliff/Ridge Lane Water Main Project No. W-04-01 to M.J. Construction Inc. for $837,245.90. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7215-04*

Alderman Brunner moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments against benefited properties for the Pilgrim Meadows/Sky Cliff/Ridge Lane Water Main Project #W-04-01. The motion was seconded by Alderman Kilkenny and carried unanimously. Final Resolution No. 7216-04*

Alderman Brunner moved approval of the Final Resolution levying special assessments: Martin Braasch, West Woodland Place Water Main, 14240 N. Woodland Place, BRC 1016-053, $2,716.50. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7217-04*

Alderman Brunner moved adoption of the Ordinance amending Section 13.08.010 of the Mun. Code relating to Water and Sewer Connections. The motion was seconded by Alderman Franz. A roll call vote was taken and carried unanimously. Ordinance No. 1957-04*

Alderman Brunner moved approval of the Resolution awarding the bid for the Stonewood Sanitary Sewer Relay Project #SA-03-06 to Globe Contractors, Inc. for $588,620.60. The motion was seconded by Alderman Heinrich and carried Ayes 13 with Alderman Schulz abstaining. Resolution No. 7218-04*

Ald. Schulz abstained since his company is a vendor to the bidder.

Alderman Brunner moved approval of the Resolution awarding the bid for the Sanitary Sewer Cleaning and TV Inspection Project #SA-04-01 to Visu-Sewer Clean & Seal, Inc. for $85,861, inclusive of Alternate Bid #1. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7219-04*

Alderman Brunner moved approval of the Resolution approving the Compliance Maintenance Annual Report for 2003. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7220-04*

Alderman Mahkorn moved to adjourn. The motion was seconded and carried unanimously. 11:10 p.m.

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Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk’s Office.