Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin
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June 21, 2005
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 MEETING OF THE 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, JUNE 21, 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, Mike Franz, Mark Nelson

ALDERMEN ABSENT & EXCUSED: James Garvens, Richard Brunner

ALSO PRESENT: Assistant City Attorney Karen Flaherty, Director of Administration Dean Marquardt, City Clerk Kris Schmidt, Director of Community Development Dan Ertl, Director of Human Resources Jim Zwerlein, Deputy Finance Director Therese Hrica, City Engineer Jeff Chase, Highway Superintendent Terry Starns


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

The next Common Council meeting will be July 19, 2005.

One person spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding a conflict between meetings of the City of Brookfield and the School District of Elmbrook.


A public hearing was heard regarding Trieglaff Mobil, 14035 W. Capitol Drive, to amend an overlay zoning district (see separate minutes). Hearing ended approximately 8:25 p.m.


ACTIONS OF THE COMMON COUNCIL

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


32) Alderman Sutton moved Item #32 out of order, the Resolution commending Richard E. Hehn for his 20 years of service to the City of Brookfield upon his retirement on July 1, 2005. The motion was seconded by Alderman Schellinger and carried unanimously.

Alderman Heinrich moved approval of the Resolution commending Richard E. Hehn for his 20 years of service to the City of Brookfield upon his retirement on July 1, 2005. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7428-05*

The Resolution was presented to Rich by the Mayor for his years of service. Rich stated he and his wife, Joanne, were going to take a trip down the Mississippi on his boat as their first trip after his retirement.


2) Alderman Sutton 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 Item #32 which was approved earlier in the agenda. The motion was seconded by Alderman Blackburn and carried unanimously. Recorded as a roll call.

3) Minutes from the Regular Common Council meeting of June 7, 2005.

Actions and recommendations of the Plan Commission contained in the minutes of June 13, 2005, including the Plan Review Board recommendations of May 19, 2005

4) • P.C. Item #2: Plan Review Board actions and recommendations of May 19, 2005:

a. • PRB #1: Request of St. Luke Parish for approval of a revised plan and method of operation permitting building additions at 18000 W. Greenfield Avenue.

b. • PRB #2: Request of Brian and Renee King, 1200 Garvens Ave., and the City of Brookfield for approval of a preliminary survey map and a certified survey map combining Lots 13, 14, and 15 and vacated alley of Block 20, in the Second Continuation of Kinsey's Garvendale Subdivision.

5) • P.C. Item #3: Request of Reddy Earasi, Govardhan Katta and Lakshman Gummadi for re-approval of a Certified Survey Map (CSM) for 14320 W. Greenfield Avenue creating three lots. Two new lots will be created.

6) • P.C. Item #5: Request of Bradon Preserve to schedule a conditional use public hearing to rescind that portion of Ordinance No. 2012-05 granting approval of a sanitary sewer lift station at 19545 W. Lisbon Road and approve a new plan and method of operation permitting construction of a sanitary sewer lift station on Outlot 2 of an approved preliminary plat called Bradon Preserve, a 27-lot single-family subdivision located on West Lisbon Road, Tax Key No. 1026.999.

As recommended from the Finance Committee

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

• Foster Coach Sales Ambulance $138,865.00

• Payne & Dolan Brkfld Rd Pathway 53,880.62

• Stark Asphalt 2005 Road Resurfacing 156,572.01

8) Ordinance amending ordinance 1987-04, the 2005 positions ordinance, to authorize additional hours for the part-time Secretary in the Fire Department. Ordinance No. 2015-05*

9) Resolution approving a budget amendment requested by the Fire Chief: increase EMS Training Fund miscellaneous revenue account 205-000-455-700 and salary expenditure account 205-501-501-000 by $5,788; for purposes of funding additional administrative support salaries and related reimbursement from Waukesha County Technical College. Resolution No. 7429-05*

10) Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $46,397,000. Initial Resolution No. 7430-05*

11) Initial Resolution authorizing General Obligation Promissory Notes in an amount not to exceed $46,397,000. Initial Resolution No. 7431-05*

12) Initial Resolution authorizing General Obligation Refunding Bonds in an amount not to exceed $56,397,000. Initial Resolution No. 7432-05*

As recommended by the Legislative & Licensing Committee

13) 12 Original Bartender Licenses (see Legislative & Licensing agenda for names).

14) 10 Renewal Bartender Licenses (see Legislative & Licensing agenda for names).

15) Temporary Class B Beer and Wine application: Greater Brookfield Chamber of Commerce "Business After 5" at the Civic Plaza, 2000 N. Calhoun Rd., August 17, 2005, from 5-7 p.m.

Addendum) Temporary Class B Beer application: St. Dominic's Parish, Frank Schmanski, July 15th – 6:00 p.m. to 11:30 p.m.; July 16th, 6:00 p.m. to 11:30 p.m.; and July 17th, 12:00 p.m. to 7:00 p.m., at 18255 W. Capitol Drive, to include the parking lot, for church festival.

16) Renewal Class B Beer applications: Chipotle Mexican Grill, 15375 W. Bluemound Rd. Ste #170; Chipotle Mexican Grill, 3705 N. 124th St.; The Ponds of Brookfield LLC, 2810 N. Calhoun Road.

17) Renewal Class B Beer and Class C Wine applications: Bear Rock Café, 18895 W. Capitol Dr.; Mad Dogs, 19035 W. Capitol Dr.; Noodles & Company, 17000 W. Bluemound Rd. Unit H.

18) Renewal Class A Combination Beer and Liquor applications: Angelina's Deli, 15655 W. North Ave.; Pick 'N Save #6301, 17630 W. Bluemound Rd.; Pick 'N Save #6373, 2205 N. Calhoun Rd.; Pick 'N Save #6853, 12735 W. Capitol Dr.; Pick 'N Save #6368, 17295 W. Capitol Dr.; Kwik Pantry, 18330 W. Capitol Dr.; Sendik's, 18985 W. Capitol Drive.

19) Renewal Class B Combination Beer and Liquor applications: Belle's Castle Inn, 13170 W. Greenfield Ave.; Champp's Americana Restaurant, 1240 S. Moorland Rd.; Courtyard by Marriott, 16865 W. Bluemound Rd.; Grecian Inn Family Restaurant, 14375 W. Capitol Dr.; Highlander Elite Fitness & Racquet Club, 13825 W. Burleigh Rd.; The Loaf & Jug Restaurant, 17700 W. Capitol Dr.; Marty's Pizza, 16680 W. Bluemound Rd.; Meadow Inn, 14735 W. Lisbon Rd.; Outback Steakhouse, 1260 S. Moorland Rd.; Papa Georgio's, 17495 W. Capitol Dr.; Pedro's Mexican Restaurant, 17105 W. Bluemound Rd.; Pepino's on Capitol, 17065 W. Capitol Dr., Pistol Pete's Neighborhood Grill, 16755 W. Lisbon Rd.; Historic Red Mill, 1005 S. Elm Grove Rd.; Sabella's Pub, 2850 N. Brookfield Rd.; Sheraton Milwaukee Brookfield, 375 S. Moorland Rd.; Sticks & Stones, 2300 Pilgrim Square Rd.; V. Richards Market, 17165 W. Bluemound Rd.; Westmoor Country Club, 400 S. Moorland Rd.

As recommended by the Board of Public Works

20) Resolution amending the Official Traffic Control Map to install a stop sign on:

• Thomas Lane at Wisconsin Avenue;

• Ruf Road at Wisconsin Avenue; and

• Main Street at Wisconsin Avenue. Resolution No. 7433-05*

21) Resolution requesting approval to submit an application for a Wis. Department of Natural Resources Municipal Flood Control Grant for 2005-2006. Resolution No. 7434-05*

22) Resolution regulating parking on City owned lots at City Hall, the Public Safety Building, the Mitchell Park archery range and the Public Library. Resolution No. 7435-05*

23) Resolution approving the Dedication of Public Facilities for the Haven Subdivision: storm sewer and roadways. Resolution No. 7436-05*

24) Resolution awarding the bid for the Honey Creek Storm Sewer Project #SW-04-03 to Mainline Sewer and Water for $669,907.10. Resolution No. 7437-05*

As recommended by the Sewer & Water Board

25) Final Resolution extending water main approximately 150' on N. 165th Street and levying a special assessment for water main against 3900 N. 165th Street and 3915 N. 165th Street. Resolution No. 7438-05*

26) Resolution approving the Perpetual Sanitary Sewer and Watermain Easement between the City of Brookfield and V.K. Development Corporation for the offsite sanitary sewer and watermain servicing The Haven Subdivision. Resolution No. 7439-05*

27) Resolutions approving the Dedication of Public Facilities for the Haven Subdivision: watermain and sanitary sewer. Resolution No. 7440-05* and Resolution No. 7441-05*

28) Resolution approving the Perpetual Watermain Easement between the City of Brookfield and Capitol Heights Center LLC for the watermain servicing Capitol Heights Development. Resolution No. 7442-05*

29) Resolution awarding the bid for the Sanitary Sewer and Manhole Rehabilitation Project #SA-05-05 to Visu-Sewer Clean & Seal, Inc. for $292,601.00. Resolution No. 7443-05*

30) Resolution approving the agreement for shared use of the sanitary sewer easement at Fountain Square between the City of Brookfield and Wisconsin Electric Power Company. Resolution No. 7444-05*

Council As A Whole

31) Mayor's Reappointment: Rodney W. Carter to the Board of Appeals, three year term expiring May 1, 2008.

32) Acted previously in the agenda.

33) No items were removed from the Consent Agenda.

(End of Consent Agenda)


PLAN COMMISSION

Actions and recommendations as represented from the Plan Commission minutes on June 13, 2005

34) • P.C. Item #4: Request of Donald Krause, owner, c/o Commonwealth Partners, Ltd., 11501 W. North Ave., Wauwatosa, WI 53226, William A. Patch, representative, for Planned Development District – General Plan approval and PDD rezoning public hearing for Fairview Center, a PDD development located at 4065 N. Calhoun Road consisting of 48 multiple-family dwelling units and a 38,345 sq. ft. commercial building.

The Plan Commission recommended to approve the "PDD" – General Plan and recommended scheduling a "PDD"-General Plan Public Hearing subject to the conditions listed (see pp. 9-10 of the minutes) and: (a) Enhance condition #5 regarding landscaping and tree preservation and convey to the public the extent of tree preservation on the site; (b) Enhance public access to the public plaza, the park to the north, and the pedestrian-friendly site in general with streetscaping, signage, etc.; and (c) Prepare a sight line exhibit to show how much of the roof of the commercial building will be visible to the neighbors to the northwest.

Alderman Mahkorn moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Owen and carried Ayes 11, Nays 1 with Alderman Heinrich voting nay.


COUNCIL AS A WHOLE

35) Alderman Sutton moved approval of the Resolution authorizing a Memorandum of Understanding between the City of Brookfield and Wisconsin Department of Transportation regarding modifications to the Bluemound Road and Ruf Road median reconstruction. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7445-05*


36) Legislative Referrals:

a. Comment from Alderman Rick Owen – Comprehensive review of City's Illumination Code. (Plan Commission). Referred to Council As A Whole for discussion and possible action.

b. Alderman Ron Balzer referred to the Legislative Committee that the yard maintenance section of the code should be reviewed relative to the removal of large tree stumps. He felt that no regulations are in place for removal of tree stumps and should be included in general yard maintenance.

c. Alderman Christopher Blackburn referred to Board of Public Works/Dept. of Public Works the issue of flyovers.

This refers to a type of highway interchange being considered for the I-94 area.

d. Alderman Christopher Blackburn referred to Board of Public Works/Dept. of Public Works the speed limit and how it affects the flow of traffic for Moorland Road between Greenfield Avenue and Bluemound Road.


37) Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Heinrich and carried unanimously. 8:53 p.m.

___________________________________

Kristine A. Schmidt, City Clerk

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