Council Meeting - June 1, 2004

June 1, 2004

The official minutes appear in this typeface.

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.

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THESE ARE THE MINUTES OF A REGULAR COMMON COUNCIL and SPECIAL PLAN COMMISSION MEETING OF THE 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, JUNE 1, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER PRESIDING

ALDERMEN PRESENT: Gary Mahkorn, Scott Berg, Cindy Kilkenny, Thomas Schellinger, Jim Garvens, Jim Heinrich, Richard Brunner, Mike Franz, Steve Ponto, Dan Sutton, Rick Owen, Ron Balzer, Christopher Blackburn, Beverly Wentz who was appointed this meeting

ALDERMEN ABSENT & EXCUSED: None

COMMISSIONER'S PRESENT: Mayor Jeff Speaker, Alderman Gary Mahkorn, Alderman Rick Owen, Richard Brandt, Michael Faber

COMMISSIONER'S ABSENT & EXCUSED: Aldermanic Vacancy, Citizen Vacancy

ALSO PRESENT: Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Director of Administration Dean Marquardt, Assistant City Attorney Karen Flaherty, City Clerk Kristine Schmidt, Counsel Vince Moschella, Fire Chief John Dahms, Director of Human Resources Jim Zwerlein, Planning Administrator Mike Theis, Neighborhood Planner Carrie Johnson

Mayor Jeff Speaker called the Common Council to order at approximately 9:15 p.m. (Two public hearings were heard previously – Modified Suburban Overlay District Zoning Code Amendment and the rezoning request of Open Pantry Food Marts of Wisconsin/Zabest Commercial Group Inc.)

Two people spoke from the audience during the 15 minute segment set aside for the citizens to address the Council regarding the proposed Greenway Corridor/Bike Path in Kinsey Park.

The next Common Council meeting is scheduled for June 15, 2004.

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

Alderman Heinrich moved approval of the Regular Common Council meeting minutes of May 18, 2004. The motion was seconded by Alderman Brunner and carried unanimously.

LEGISLATIVE & LICENSING COMMITTEE

Alderman Mahkorn moved approval of the Council appointment of Beverly Wentz to fill the vacancy in the 4th Aldermanic District. The motion was seconded by Alderman Ponto and carried unanimously. The City Clerk administered the Oath-of-Office to Beverly Wentz and Alderman Wentz took her seat as 4th District Alderman.

Mayor Speaker called to order the Plan Commission. A presentation/briefing was made by the Director of Community Development on the proposed Tax Incremental District #3 Brookfield Square/Executive Drive Redevelopment Area Project Plan. (The PowerPoint presentation/slides may be viewed in the City Clerk's Office.) Questions were asked by Plan Commissioners and Aldermen relative to to transportation, financing, timing of expenditures, and development issues. Commissioner Faber moved to adjourn the Plan Commission. The motion was seconded by Alderman Mahkorn and carried unanimously. No action was taken.

PLAN COMMISSION

The City Clerk referred to the actions and recommendations of Item #2 from the Plan Review Board as represented in the May 20, 2004, partial minutes – Request of St. John Vianney Parish, 1755 N. Calhoun Road, Brookfield, WI 53005, Wayne Grosklaus, Plant Engineer, for approval to schedule a conditional use public hearing for the purpose of allowing a revised plan and method of operation permitting erection of a 48" vinyl coated, chain link fence adjacent to the west playground. Pursuant to Section 17.108.05 Title 17 of the Municipal Code, public or private parks or playgrounds are conditional uses, permitted in any zoning district but subject to a public hearing process.

The Plan Review Board recommended approval of the staff recommendation to authorize the scheduling of a conditional use public hearing.

Alderman Mahkorn moved adoption of the Plan Review Board’s recommendation. The motion was seconded by Alderman Ponto and carried Ayes 13, Nays 1 with Alderman Brunner voting nay.

Ald. Brunner believes the city's policy towards fences has become patchwork and inequitable. He requested a review of the fence ordinance.

FINANCE COMMITTEE

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

Alderman Garvens moved approval of the Request of the Fleet Maintenance Department to purchase 2004Triple Combination Pumper for the Fire Department from Reliant Fire Apparatus, Inc. for $337,408. The motion was seconded by Alderman Schellinger and carried unanimously.

LEGISLATIVE & LICENSING COMMITTEE

Alderman Mahkorn moved approval of 14 Original Bartender's Licenses. The motion was seconded by Alderman Sutton and carried unanimously.

Alderman Mahkorn moved approval of 26 Renewal Bartender's Licenses. The motion was seconded by Alderman Franz and carried Ayes 13, with Alderman Wentz abstaining.

Ald. Wentz's daughter was one of the people getting a license, so she abstained to avoid any conflict of interest.

Alderman Mahkorn moved approval of the Renewal Class B Beer (Malt) and Class C Wine License: Brookfield Indoor Soccer Company, 19485 W. Lisbon Rd. subject to a voluntary agreement for a 3-day suspension within 60 days; Noodles & Company, 17000 W. Bluemound Rd; Mad Dogs, 19035 W. Capitol Dr. Suite 100. The motion was seconded by Alderman Franz and carried unanimously.

Alderman Mahkorn moved approval of the Renewal Class A Combination Beer (Malt) and Liquor Licenses: Catering & Cuisine by V. Richards, 21755 Gateway Rd.; Kwik Pantry, 18330 W. Capitol Dr.; Sentry Foods-Hampton, 13255 W. Hampton Ave; Westbrook Beverage Center, 13430 W. Greenfield Avenue. The motion was seconded by Alderman Sutton and carried unanimously.

Alderman Mahkorn moved approval of the Renewal Class B Combination Beer (Malt) and Liquor Licenses: American Legion Post 449, 3245 N. 124th St.; Belle's Castle Inn, 13170 W. Greenfield Ave.; Champps, 1240 S. Moorland Rd.; Ellen's Prestige Catering, 19805 W. Capitol Dr.; Marty's Pizza, 16680 W. Bluemound Rd.; Meadow Inn, 14735 W. Lisbon Ave.; Papa Georgio's, 17495 W. Capitol Dr.; Peach Garden Restaurant, 2325 N. 124th St.; Rita Rae's, 16760 W. Greenfield Ave.; Ritter's Inn, 12525 W. North Ave.; Seigo's Japanese Steakhouse, 18380 W. Capitol Dr.; Sluggo's Sports Pub & Grill, 12760 W. Burleigh Rd.; Stick's & Stones, 2300 Pilgrim Square Dr.; V. Richards, 17165 W. Bluemound Road. The motion was seconded by Alderman Ponto and carried unanimously.

Alderman Mahkorn moved approval of the Temporary Class B Beer and Wine License: Brookfield Lion's Club at the Mitchell Park Pavilion; June 17th from 5-11 p.m.; June 18th from 5:00-Midnight; June 19th from Noon-Midnight; and June 20th from Noon-8:00 p.m.; for Brookfield Daze. The motion was seconded by Alderman Sutton and carried unanimously.

Alderman Mahkorn moved approval of the Fireworks User Permit to Westmoor Country Club; July 3, 2004; at 9:45 p.m. for a wedding reception by Bartolotta's Fireworks Co., Inc. The motion was seconded by Alderman Kilkenny and carried unanimously. (City Clerk to remind Westmoor to take weather conditions into account when planning trajectory of the fireworks.)

In past years, the fireworks exploded over neighbors houses. Several neighbors complained of "flaming shrapnel raining from the skies". There have also been complaints about the noise and a lack of prior notice.

COUNCIL AS A WHOLE

Alderman Brunner moved approval of the Resolution approving the City of Brookfield's acceptance of Waukesha County Communications Center's public records policy, which leaves control of the City's public records in the hands of the City. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7256-04*

Alderman Brunner moved approval of the Mayor's Appointment: Mayor Jeff Speaker, Chairperson, to the Community Development Authority. The motion was seconded by Alderman Heinrich and carried unanimously.

Community Development Authority

Jeff R. Speaker – Appointment as Chairperson of the Community Development Authority for one year term expiring June 1, 2005.

Alderman Brunner moved approval of the Mayor's Reappointments: Richard Brandt and John Grisa to the Library Board. The motion was seconded by Alderman Kilkenny and carried unanimously.

Library Board

Richard Brandt – Three year term expiring July 1, 2007.

John Grisa – Three year term expiring July 1, 2007.

Alderman Brunner moved to adjourn the meeting. The motion was seconded by Alderman Kilkenny and carried unanimously. 10:50 p.m.

Kristine A. Schmidt, City Clerk

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