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 26^TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, JUNE 7, 2005, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER PRESIDING

ALDERMEN PRESENT:  Scott Berg, Thomas Schellinger, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Ron Balzer, Christopher Blackburn, Jim Heinrich, Cindy Kilkenny, Richard Brunner, Mike Franz, Mark Nelson, Jim Garvens

ALDERMEN ABSENT & EXCUSED:   None

ALSO PRESENT:  City Attorney Vince Moschella, Director of Administration Dean Marquardt, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Finance Robert Scott, Director of Community Development Dan Ertl, Director of Human Resources Jim Zwerlein, Director of Parks and Recreation Bill Kolstad, Deputy Finance Director Therese Hrica

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

The next Common Council meeting will be June 21, 2005. 

No one spoke from the audience during the 15 minute segment set aside for citizens to address the Council.

Donald Vilione, CPA, from Virchow, Krause & Company presented the 2004 Audit of City's Financial Statements.  He stated the City is in a very strong financial position and audit went very well.

Director of Public Works Tom Grisa made a presentation regarding the Calhoun Road closure between Gebhardt Road to Wisconsin Avenue.  That segment of Calhoun Road will be closed entirely beginning June 13^th and will re-open on October 1^st  to allow traffic some movement.  Project should be completed December 1, 2005 with landscaping occurring in 2006. 

ACTIONS OF THE COMMON COUNCIL

2)         Alderman Mark Nelson led the Common Council in the Pledge of Allegiance to the American Flag. 

CONSENT AGENDA

Aldermen Heinrich moved approval of the items on the Consent Agenda, except for items 4, 5, 7, and 22.  The motion was seconded by Alderman Kilkenny and carried unanimously.  Recorded as a roll call. 

3)         Minutes from the Regular Common Council meeting of May 17, 2005

Actions and recommendations as represented in the Plan Commission minutes on May 23, 2005

4)         Removed from the Consent Agenda.

5)         Removed from the Consent Agenda.

6)         • PC #2:   Request of Simon Group for re-approval of a final plat for Weston Highlands, a 14-lot single family subdivision located at 18550 W. Greenfield Avenue.

7)         Removed from the Consent Agenda.

8)         • P.C. Item #8:  Request of the Waukesha County Development Plan Advisory Committee to adopt a resolution supporting local efforts to include public input in the preparation of the Waukesha  County Development Plan.

9)         ♦ Resolution approving local support of the Waukesha County Comprehensive Development Plan, Public Participation Plan.  Resolution No. 7420-05*

As recommended from the Finance Committee

10)       Approval of Vouchers exceeding $50,000 requiring immediate action.          

11)       Request of the Fleet Division to purchase replacement Fire Department ambulance from Foster Coach for $138,865.

12)       Resolution approving budget amendment requested by the Director of Parks, Recreation and Forestry and  Director of  Finance:  increase 2003 capital improvement fund expenditure account 603-113-700-151 by $408,000, and increase DNR grant revenue account 603-000-460 by $249,900 and transfers from Public Site Fund account 603-000-475-500 by $158,100; for purposes of funding acquisition of additions to Endicott Park.  Resolution No. 7421-05*

13)       Resolution approving budget amendment requested by the Director of  Finance:  increase transfers from Public Site fund account 205-215-579-503 by $158,100, for purposes of funding acquisition of Endicott Park addition.  Resolution No. 7422-05*

14)       Resolution approving contract with Bast Auction Service regarding disposal of surplus municipal equipment.  Resolution No. 7423-05*

As recommended by the Legislative & Licensing Committee

15)       14 Original Bartender Licenses (see Legislative & Licensing agenda for names).

16)       36 Renewal Bartender Licenses (see Legislative & Licensing agenda for names).

17)       Temporary Class B Beer application:  Brookfield Lion's Club at Mitchell Park, 19900 W. Capitol Drive; Friday, June 24^th, 5:00-12:00 p.m.; Saturday, June 25^th, Noon-12:00 p.m.; and Sunday, June 26^th, Noon-8:00 p.m.

18)       Original Class B Beer 6-month applications:  Land O Lakes, Brookfield Bulldogs Baseball, 19025 Wilderness Way (McCoy Field); Brookfield Jaycees, 2585 Pilgrim Rd. (Wirth Park).

19)       Renewal Class B Beer and Class C Wine application:  Brookfield Indoor Soccer Complex, 19485 W. Lisbon Road; Nothing But Noodles, 15455 W.  Bluemound Rd. #290.

20)       Renewal Class A Combination Beer and Liquor applications:  The Market Basket, 14835 W. Lisbon Road; Westbrook Beverage Center, 13430 W. Greenfield Avenue.

21)       Renewal Class B Combination Beer and Liquor applications:  Bluemound Bowl, 12935 W. Bluemound Rd.; Bravo! Cucina Italiana, 95 N. Moorland Rd.; Chili's Grill & Bar, 17915 W. Bluemound Rd.; Chin's Asia Fresh, 17550 W. Bluemound Rd. #60; Ellen Zilli's Catering, 19805 W. Capitol Dr.; Grasch Foods, 13950 W. North Ave.; Houlihan's Old Place, 95 N. Moorland Rd.; Jake's, 21445 Gumina Rd.; Mr. B's – A Bartolotta Steakhouse; 17700 W. Capitol Dr.; Peach Garden Rest.; 2345 N. 124^th St.; Residence Inn, 950 Pinehurst Ct.; Rita Rae's, 16760 W. Greenfield Ave.;  Ritter's Inn, 12525 W. North Ave.; Seigo's Japanese Steak House, 18380 W. Capitol Dr.; Sluggo's Pub & Grille, 12760 W. Burleigh; Venice Club, 1905 N. Calhoun Rd.; Wyndham Brookfield, 18155 W. Bluemound Rd.

22)       Removed from the consent agenda.

As recommended by the Parks & Recreation Commission

23)       Resolution recommending the purchase of land for park and open space purposes as an addition to Endicott Park (property located west of Calhoun Road and south of Interstate 94 (BRC 1137-997).  Resolution No. 7424-05*

24)       Resolution recommending the purchase of land for park and open space purposes as an addition to Endicott Park (property located west of Calhoun Road and south of Interstate 94 (Outlot No. 2 of CSM #9726, BRC 1138-263).  Resolution No. 7425-05*

As recommended by the Sewer & Water Board

25)       Resolution approving a Perpetual Sanitary Sewer and Access Easement in Wirth Park.  Resolution No. 7426-05*

26)       Final Resolution authorizing the installation of water main and levying of special assessments against benefited property for the Calhoun Road (Gebhardt Road to Winston Park Court) and Winston Park Court Water Main Project No. W-04-02.  Final Resolution No. 7427-05*

Council As A Whole

27)       Mayor's Reappointment:  Susan Hay to the Library Board, a three year term expiring July 1, 2008.

28)       Mayor's Appointment:   Cynthia Oliver to replace Judy Hughes to the Library Board, who is retiring at the end of her term (July 1, 2005.  A three year term expiring July 1, 2008.

29)       Items removed from the Consent Agenda:

Plan Commission

4)         • P.C. Item #1:  Request of the City of Brookfield Department of Parks, Recreation and Forestry, 2000 N. Calhoun Road, Brookfield, WI  53005, Bill Kolstad, Director, for approval of a conditional use and revised plan and method of operation permitting the installation of fencing at Mitchell Park creating a boundary for pet exercise.

            The Plan Commission recommended to approve the conditional use permitting fence installation per the cover letter, site plan and fence elevations dated April 11, 2005, and debris will be cleaned up adjacent to the softball field.  In addition, Parks, Recreation & Forestry staff will review the language on the posted signs regarding owner liability.

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

 5)         Alderman Mahkorn moved adoption of the Ordinance granting approval of a conditional use for the purpose of installing fencing at Mitchell Park creating a boundary for pet exercise.  The motion was seconded by Alderman Garvens.  A roll call vote was taken and carried unanimously.  Ordinance No. 2013-05*

 7)         • P.C. Item #5:  Request of Thomson Corporation, 12760 W. North Ave., Brookfield, WI  53005, Dean Frederick, Representative, for approval of a new plan and method of operation for Century Centre Phase II, permitting construction of six (6) commercial buildings totaling 45,543 sq. ft. on tax key number 1147.993.004 and 1147.993.009 or approximately 15200 W. Greenfield Avenue.

            The Plan Commission recommended approval to the new plan and method of operation subject to the above listed conditions and:  1) Add rear pilasters and/or additional architectural detail to the rear elevations of Buildings B, C and D; (2) Work with staff to find an alternative location for the dumpsters or a method to allow them to remain in the existing location; and (3) Only one drive-thru will be approved at this time.

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

22)       Alderman Mahkorn moved adoption of the Ordinance amending Section 5.36.060, Prohibited Practices, of the Municipal Code regarding the regulations for Direct Seller and Solicitor Permits.  The motion was seconded by Alderman Sutton.  A roll call vote was taken and carried unanimously.  Ordinance No. 2014-05*

 (End of Consent Agenda)

COUNCIL AS A WHOLE

30)       Legislative Referrals:

1. Mayor Speaker requested that Plan Commission and Legislative & Licensing Committee review dumpster enclosures regulations to make them business and neighborhood friendly.

2. Mayor Speaker requested that Legislative & Licensing Committee review the Curfew Ordinance to take into account recent court decisions.

3. Alderman Ponto would like the portion of the code that deals with landscaping of new properties.  He felt 24 months to complete landscaping was too long.  It should be reduced to 12 months (refer to Plan Commission).

This change was in response to the "ugly mansion" and was adopted on February 7, 2006.

MJS, July 7, 2005 - Unsightly house lot raises ire of Brookfield neighbors

4. Alderman Brunner requested that an ordinance be drafted to consolidate the Sewer and Water Boards in to the Board of Public Works.  (referred to Sewer and Water Boards first, then Board of Public Works then Legislative and Licensing Board.)

Alderman Heinrich moved to adjourn the meeting.  The motion was seconded by Alderman Sutton and carried unanimously.  9:40 p.m.

___________________________________

    Kristine A. Schmidt, City Clerk

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