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 OF THE 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, DECEMBER 21, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER PRESIDING

ALDERMEN PRESENT: Scott Berg, Cindy Kilkenny, Thomas Schellinger, Jim Garvens, Richard Brunner (by telephone), Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Ron Balzer, Christopher Blackburn, Mike Franz, Beverly Wentz, Jim Heinrich

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: Director of Community Development Dan Ertl, City Attorney Vince Moschella, Director of Administration Dean Marquardt, Director of Finance Robert Scott, City Clerk Kris Schmidt, Director of Public Works Tom Grisa

Mayor Jeff Speaker called the Common Council to order at approximately 7:45 p.m.

Two citizens spoke from the audience during the 15 minute segment set aside for citizens to address the Council. The topics were the amendment to the ethics code and the request of Schlossmann's auto dealership.

The next Common Council meeting will be scheduled for January 18, 2005.

Boy Scout Eric Shicotte of Troop #169 Okauchee led the Common Council in the Pledge of Allegiance to the American Flag.

ACTIONS OF THE COMMON COUNCIL

CONSENT AGENDA

Alderman Heinrich requested Items b, c, d, and e be removed from the consent agenda as the minutes of the December 13 and 21, 2004 were not received prior to this evening.

Alderman Ponto moved approval of the Consent Agenda, except for Items b, c, d, and e. The motion was seconded by Alderman Heinrich and carried unanimously. Recorded as a roll call.

a) Minutes of the Regular Common Council meeting of December 7, 2004.

Actions and recommendations from the Plan Commission meeting on December 13, 2004, and Plan Review Board of November 18, 2004

b) Removed from the Consent Agenda.
c) Removed from the Consent Agenda.

Actions and recommendations from the Special Plan Commission meeting on December 21, 2004

d) Removed from the Consent Agenda.
e) Removed from the Consent Agenda.

As recommended by the Finance Committee

f) Approve Vouchers exceeding $50,000 requiring immediate action.

Casper's Truck Equip Patrol Truck $53,696.00

Roundy's Inc. Landscaping Install Complete $77,343.28

Charles Krombach & Ameriquest Mortgage & IRS Parcel #20 (Calhoun Rd.) $57,800.00

Onyx Hartland Sludge Hauling $119,598.00

g) Ordinance repealing and recreating portions of Sections 3.24.020, 3.28.010, 5.28.050, 5.40.010, and 8.20.040 of the Municipal Code of the City of Brookfield, relative to changes in ambulance fees, development and related fees, yard waste hauler fees, amusement device fees, and fireworks permit fees. Ordinance No. 1990-04*

h) Resolution approving 2004 Wilson Center debt service fund budget amendment requested by the Director of Finance: increase proceeds from refunding debt revenue account 104-000-499-100 by $9,693,274, and bond/notes sale expenditure account 104-909-587 by $30,000, for purposes of recognizing the issuance of the 2004 general obligation promissory notes and related issuance costs associated with the refunding of the 2002 promissory notes (Sharon Lynne Wilson Center). Resolution No. 7329-04*

i) Resolution approving 2005 Wilson Center debt service fund budget amendments requested by the Director of Finance: (a) increase principal on notes expenditure account 104-908-581 by $9,500,000, for purposes of the March 1, 2005, refunding of 2002 promissory notes (Sharon Lynne Wilson Center); and (b) reduce rental/lease revenue account 104-000-451 by $97,687, increase investment interest account 104-000-466 by $21,200 and increase Wilson Center notes interest expenditure account 104-909-584-200 by $63,744, to reflect revised debt service on the 2004 promissory notes and modified lease payments per the amended lease and management agreements between the City and the Wilson Center. Resolution No. 7330-04*

j) Resolution approving 2005 service agreement between the City of Brookfield and the Elmbrook Humane Society, Inc. Resolution No. 7331-04*

As recommended by the Legislative & Licensing Committee

k) Approve three Original Bartender's Licenses and no action on one application. (See Legislative and Licensing Committee agenda for names).

As recommended by the Board of Public Works

l) Resolution approving an easement between WE Energies and the City of Brookfield for the relocation of existing electrical distribution facilities due to the reconstruction of Calhoun Road between Gebhardt Road and Bluemound Road. Resolution No. 7332-04*

m) Resolution approving the installation of yield signs at the following locations in the City: (1) Tremont Street @ Michael Drive; (2) Glendale Avenue @ N. 148th Street; (3) Glendale Avenue @ N. 149th Street; (4) Logan Drive @ Mountain Drive; (5) Arden Avenue @ Cherokee Drive; (6) N. 180th Street @ Bolter Lane; (7) Fairlane Avenue @ Tulane Street; and (8) Crystal Drive @ Tulane Street. Resolution No. 7333-04*

n) Resolution approving the Pedestrian and Bicycle Way Easement Agreement between Elmbrook School District and the City of Brookfield at 16235 Burleigh Place. Resolution No. 7334-04*

(End of Consent Agenda)

Item 4 - Items Removed from the Consent Agenda

Actions and recommendations from the Plan Commission meeting on December 13, 2004,
and Plan Review Board of November 18, 2004

Item b - • P.C. Item #4: Request of Schlossmann's Auto Group, c/o Christopher Kidd and Associates, LLC, 530 N. 108th Place, Suite 203, Wauwatosa, WI 53226, and Soerens Ford, Attn: Bob Soerens, 18900 W. Capitol Drive, Brookfield, WI 53045, for the following items proposed at 18900 W. Capitol Drive, Brookfield (SE 1/4 of Sec. 5): (a) Approval of a Certified Survey Map dividing said property into two parcels. One new commercial lot will be created; (2) Approval of a special exception for the car dealerships at said property; and (3) Approval of an amendment to the "MSO" Modified Suburban Overlay, Zoning Issue Area "W.C.2." characteristics for said property. (SE 1/4 of Sec. 5).

The Plan Commission recommended approving the proposed Certified Survey Map (CSM), Special Exception (SE) Ordinance No. 1991-04, Modified Suburban Overlay (MSO) Ordinance No. 1991-04, the Schlossmann Auto Dealership, and the revised street yard (the first 70 feet) of the Soerens Ford Dealership, subject to the listed conditions in the minutes.

Alderman Ponto moved the recommendation of the Plan Commission. The motion was seconded by Alderman Wentz.

Alderman Ponto moved to suspend the rules to hear the representatives from Schlossmann's and Soerens. The motion was seconded by Alderman Wentz and carried unanimously. Mr. Schlossmann addressed the Common Council and why approval was needed this meeting.

Alderman Sutton moved to take a 15 minute recess to allow aldermen to read the Plan Commission minutes. The motion was seconded by Alderman Schellinger and carried unanimously.

The motion to approve the recommendation of the Plan Commission was discussed and carried unanimously.

Alderman Wentz moved adoption of the Ordinance granting a revision of the Modified Suburban Overlay (MSO) matrix contained in Ord. #1692, for the property located at 18900 W. Capitol Drive and to establish a special exception for automobile dealership designation for the land (Schlossmann's and Soerens). The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Ordinance No. 1991-04*

Item c – Alderman Garvens moved to approve the remaining actions and recommendations of the Plan Commission as represented in the December 13, 2004, minutes except for items 2, 7, 8, and 10, and the Plan Review Board minutes of November 18, 2004, except for item 3. The motion was seconded by Alderman Wentz.

Alderman Kilkenny moved to table. The motion was seconded by Alderman Heinrich and failed Ayes 4, Nays 10 with Alderman Kilkenny, Brunner, Heinrich, and Brunner voting aye.

Alderman Kilkenny moved to pull item #5 for special consideration, the request of Metropolitan Development, Attn: Richard Conley, 18650 Corporate Drive, Suite 215, Brookfield, WI 53045, for approval of a specific plan for Phase I of Brookfield Junction at 2848 N. Brookfield Road, Brookfield, WI 53045, (Tax Key No. 1070-997-002), including modifications therein. The motion was seconded by Alderman Blackburn and carried Ayes 11, Nays 3 with Aldermen Garvens, Wentz and Franz voting nay.

The motion to approve the balance of the remaining actions and recommendations of the Plan Commission as represented in the December 13, 2004, minutes except for items 2, 7, 8, and 10, and the Plan Review Board minutes of November 18, 2004, except for item 3, and except for item 5 from the Plan Commission minutes of December 13 which was moved for special consideration carried Ayes 13, Abstention 1, with Alderman Heinrich abstaining.

Ald. Heinrich stated that he did not get a copy of the Plan Commission minutes in time to study them for the vote, so he abstained.  He neither approved nor disapproved of the proposal, he just felt that he did not get enough information in a timely fashion to make a judgment.

Item #5 from the Plan Commission meeting of December 13, 2004 – the request of Metropolitan Development, Attn: Richard Conley, 18650 Corporate Drive, Suite 215, Brookfield, WI 53045, for approval of a specific plan for Phase I of Brookfield Junction at 2848 N. Brookfield Road, Brookfield, WI 53045, (Tax Key No. 1070-997-002), including modifications therein.

The Plan Commission recommended to recognize and accept the material alteration to/revision of the General Plan as proposed in the Specific Plan for Phase I via Item 7 of PDD Ordinance No. 1956-04, and recommended approval of the Specific Plan for Phase I of Brookfield Junction subject to the above listed conditions and (1) Modifying the Department of Inspection Services memo regarding the illumination plan on Item #2 to include submission of an interim lighting plan for the temporary parking lot; and (2) Modify Item #3 in the staff recommendation to clarify that the electrical or other utilities being referred to are only items that could not be reasonably accommodated inside the building.

Alderman Wentz moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Owen and carried Ayes 11, Nays 2, Abstention 1 with Aldermen Kilkenny and Blackburn voting nay and with Alderman Heinrich abstaining.

Ald. Heinrich stated that he did not get a copy of the Plan Commission minutes in time to study them for the vote, so he abstained.  He neither approved nor disapproved of the proposal, he just felt that he did not get enough information in a timely fashion to make a judgment.

Actions and recommendations from the Special Plan Commission meeting on December 21, 2004

Item d - • P.C. Item #1: Request of Schlossmann's Auto Group, c/o Christopher Kidd and Associates, LLC, 530 N. 108th Place, Suite 203, Wauwatosa, WI 53226, and Soerens Ford, Attn: Bob Soerens, 18900 W. Capitol Drive, Brookfield, WI 53045, for the following items proposed at 18900 W. Capitol Drive, Brookfield (SE 1/4 of Sec. 5): (a) Approval of a new plan and method of operation for a new auto dealership west of Soerens Ford; (b) Approval of a revised plan and method of operation for a portion of the existing Soerens Ford dealership; (c) Reaffirmation of a Certified Survey Map dividing 18900 W. Capitol Drive into two (2) parcels. One new commercial lot will be created.

The Plan Commission recommended that since the proposal generally meets the intent of the Neighborhood Plan for the Brookfield Road and Capitol Drive Node, the Plan Commission approves the new plan and method of operation for the Schlossmann Auto Dealership, approves the revised plan and method of operation (the first 70 feet of the street yard along Capitol Drive and the first 50-plus feet of the street yard along Brookfield Road) for the Soerens Ford Dealership, and reaffirms the Certified Survey Map (CSM) subject to:

1. Conditions from the December 13, 2004, meeting minutes, unless otherwise stated below.
2.  Site Plan dated December 16, 2004 (prepared by Christopher Kidd and Associates, LLC (hereinafter "Christopher Kidd").
3. Master Site Plan dated December 16, 2004, (prepared by Christopher Kidd) including improvements to the southern and eastern edges of Soerens' parking lot area. Phase II edges of Soerens' parking lot may be subject to alteration (to be approved by the Engineering Office) to ensure that the new frontage road operates safely.
4. Fence Details dated December 16, 2004 (prepared by Christopher Kidd) with piers to match the approved brick or smooth face architectural grade CMU material (i.e. "A", "B", or "C" from the approved materials board) of the principal building.
5. Building Elevation Plan dated December 16, 2004 (prepared by Christopher Kidd) including scoring/patterns in the pre-cast concrete panels, architectural screening of the hoods/satellite dishes/HVAC equipment/etc., and electrical panels and other utilities immediately adjacent to and/or attached to the building to be painted to match the building materials.
6. Technical corrections to the CSM, including illustrating the specific locations of the cross-access easements through Lot 1 and Lot 2, and a bike/pedestrian path up to 25 feet deep along the Brookfield Road frontage.
   

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

Item e – • P.C. Item #2: Amending certain sections of the Zoning Code relative to Guest Houses, Nonconforming Uses and Buildings, and Board of Zoning Appeals.

The Plan Commission recommended approving the ordinance amendments.

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

Alderman Wentz moved adoption of Item #3e1, the Ordinance amending Section 17.28.010 F.5. of the Municipal Code regarding Guest Houses; Item #3e2, the Ordinance amending Section 17.08.040 C & D of the Municipal Code regarding Nonconforming Uses and Buildings; and Item #3e3, the Ordinance amending Section 17.12.050 of the Municipal Code relating to decision-making procedures of the Board of Zoning Appeals. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously.

Item #3e1 – Ordinance No. 1992-04*
Item #3e2 – Ordinance No. 1993-04*
Item #3e3 – Ordinance No. 1994-04*

LEGISLATIVE & LICENSING COMMITTEE

Alderman Mahkorn moved adoption of the Ordinance amending Section 15.04.340 B. of the Municipal Code regarding Residential Fences. The motion was seconded by Alderman Sutton.

Alderman Wentz moved to separate the vote for Sections 10 and 11. The motion was seconded by Alderman Owen and carried Ayes 11, Nays 3 with Aldermen Sutton, Kilkenny and Brunner voting nay.

Alderman Ponto moved to refer the ordinance back to the Legislative & Licensing Committee. The motion was seconded by Alderman Wentz and carried unanimously.

During the debate period it became clear that several aldermen had reservations about some of the proposed modifications to the sign code.  It was sent back to committee to address those concerns.  The proposed changes were championed by Ald. Brunner and Ald. Sutton who believed the changes were appropriate as written, so they opposed the tabling.

COUNCIL AS A WHOLE

The next item was the discussion relative to possibly canceling the Common Council meeting on January 4, 2005.

Alderman Kilkenny moved to cancel the January 4, 2005, Common Council meeting. The motion was seconded by Alderman Heinrich and carried unanimously.

Legislative Referrals

1. Alderman Wentz suggested a fall back plan be created to handle situations with the taping of meetings when they arise.

Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Heinrich and carried unanimously. 9:45 p.m.

___________________________________
Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk’s Office.
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REGULAR COMMON COUNCIL
DECEMBER 21 , 2004