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 COMMON COUNCIL MEETING OF THE 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, FEBRUARY 7, 2006, 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, Christopher Blackburn, Cindy Kilkenny, Mark Nelson, James Garvens, Ron Balzer, Richard Brunner, Jim Heinrich

ALDERMEN ABSENT & EXCUSED: Mike Franz

ALSO PRESENT: City Attorney Vince Moschella, Director of Administration Dean Marquardt, City Clerk Kristine Schmidt, Director of Community Development Dan Ertl, Director of Public Works Tom Grisa, Director of Finance Robert Scott, Planning Administrator Mike Theis, Director of Human Resources Jim Zwerlein, Director of Information Technology Kevin Beck, Parks & Forestry Superintendent Gary Majeskie

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

The next Common Council meeting will be February 21, 2006.

Two people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the widening of South Calhoun Road and the postings of Campaign Registration Statements on the World Wide Web.

For campaign postings, see: http://brookfield2006.scottberg.com/

Boy Scout Troop 21 of Trinity United Church of Christ led the Common Council in the Pledge of Allegiance to the American Flag.

ACTIONS OF THE COMMON COUNCIL

A public hearing was heard regarding a special exception for Panera Bread at 15040 W. Greenfield Avenue (see separate minutes). 8:15 p.m.

CONSENT AGENDA

Aldermen Heinrich moved approval of the items on the Consent Agenda, except for items #6 and #7. The motion was seconded by Alderman Ponto and carried unanimously. Recorded as a roll call.

1) Minutes from the Regular Common Council meeting of January 17, 2006.

Actions and recommendations of the Plan Commission contained in the minutes of January 23, 2006

2) • P.C. Item #2: Request of the Wisc. Dept. of Natural Resources and the City of Brookfield Dept. of Parks, Recreation and Forestry for approval of a conditional use for permission to erect up to ten artificial nesting platforms for great herons on City-owned land located at approximately 19400 W. Capitol Drive. (SW 1/4 of Sec. 5)

3) Ordinance granting a conditional use for the purpose of erecting up to ten 40 foot power poles supporting up to 40 artificial nesting platforms for great blue herons in city-owned lands at approximately 19400 W. Capitol Drive. Ordinance No. 2042-06*

4) • P.C. Item #3: Amendments to the Zoning Code relating to: (a) quorum and voting procedures of the Board of Appeals; (b) regulations of nonconforming buildings; (c) landscaping requirements of properties after issuance of occupancy permits.

5) Ordinance amending Section 17.136.040 of the Municipal Code regarding Landscape Requirements. Ordinance No. 2043-06*

This was in direct response to the "Ugly Mansion" incident.  The original referral was made on June 7, 2005

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

6) Removed from the Consent Agenda.

7) Removed from the Consent Agenda.

8) • P.C. Item #7: Request of Mohns, Inc. for approval of an amendment to a new plan and method of operation and development agreement for Fox Hollow Condominiums, a 10-unit project at 21915 and 21975 W. North Avenue. (NW 1/4 of Sec. 19)

As recommended by the Finance Committee

9) Vouchers exceeding $50,000 requiring immediate action.

10) Resolution directing disposition of proceeds from sale of City-owned lots located at 17280-17600 Burleigh Road. Resolution No. 7516-06*

11) Resolution approving 2006 budget amendment requested by the Director of Finance: increase Computer Replacement special revenue fund expenditure account 205-216-601-401 by $11,350 to provide funds for purchase of police mobile data computers and related equipment. Resolution No. 7517-06*

12) Request of the Fleet Division to purchase a ToolCat utility work machine (parks and forestry equipment) from Bobcat Plus for $51,411.

13) Resolution approving commercial card classic agreement between the City of Brookfield and J.P. Morgan Chase Bank, N.A. (procurement card services). Resolution No. 7518-06*

As recommended by the Legislative & Licensing Committee

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

15) Original Class B Combination Beer and Alcohol license to Brookfield Ventures LLC (new owner); d/b/a Champps, 1240 S. Moorland Rd.; Agent – Anthony W. Lewanowich.

16) Items removed from the Consent Agenda –

#6) Alderman Mahkorn moved adoption of the Ordinance amending Section 17.12.050 E. of the Municipal Code regulating requirements for granting a variance. The motion was seconded by Alderman Berg. A roll call vote was taken and carried unanimously. Ordinance No. 2044-06*

#7 ) Alderman Mahkorn moved adoption of the Ordinance amending Section 17.112.010 C. and repealing Section 17.112.010 D. of the Municipal Code regarding building setback. The motion was seconded by Alderman Owen. A roll call vote was taken and carried unanimously. Ordinance No. 2045-06*

On odd point here is that one of these items was pulled out for separate consideration by Ald. Kilkenny.  When it was considered, she stated that she had selected the wrong item.  How alert for a legislator who is running for mayor!

End of the Consent Agenda

Plan Commission

Actions and recommendations of the Plan Commission contained in the minutes of January 23, 2006

17) • P.C. Item #4: Status report for the 2005-2006 Review of 2020 Master Plan. Alderman Nelson reported that the Plan Commission determined that the Commission should wait until they receive the full Task Force report prior to deliberating and forwarding the Commission's recommendations to the Common Council. The Task Force hopes to complete its report in February/March.

18) • P.C. Item #6: Request of Donald Krause, owner, c/o Commonwealth Partners, Ltd., William Patch, representative, for approval of an ordinance rezoning the base zoning of 4065 N. Calhoun Road from "M-2" Multiple-family Residence District and "R-3" Single-family Residence District to "PDD-GP (Mixed Use)" Planned Development District – General Plan (Mixed Use) and amending the matrix of MSO Ordinance No. 1692 changing the Base Zoning column for Zoning Issue Area C6 from "M-2" to "PDD-General Plan" (Mixed Use) and acknowledging in the Use Variations column of Zoning Issue Area C6 that "low intensity restaurant" as defined in Chapter 17 of the Municipal Code is a local business use, all in association with Fairview Centre, a PDD development consisting of 36 multiple-family dwelling units and a 38,345 sq. ft. commercial building. (SE 1/4 of Sec. 4)

The Plan Commission recommended approval of an ordinance rezoning the base zoning of 4065 N. Calhoun Road from "M-2" Multiple-family Residence District and "R-3" Single-family Residence District to "PDD-GP (Mixed Use)" Planned Development District-General Plan (Mixed Use) and amending the matrix of MSO Ordinance No. 1692 changing the Base Zoning column for Zoning Issue Area C6 from "M-2" to "PDD-General Plan" (Mixed Use) and acknowledging in the Use Variations column of Zoning Issue Area C6 that "Low intensity restaurant" as defined in chapter 17 of the municipal code is a local business use, all in association with Fairview Centre, a PDD development consisting of 36 multiple-family dwelling units and a 38,345 sq. ft. commercial building subject to inclusion of a project completion schedule in a development agreement accompanying a Specific Plan application.

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

Alderman Kilkenny moved to amend the motion to restrict the restaurant to the south portion of the commercial development. The motion was seconded by Alderman Sutton and failed Ayes 4, Nays 9 with Aldermen Sutton, Kilkenny, Balzer and Berg voting aye.

Ald. Berg has always believed the south (Capitol Drive) side of this project would be ideal for a restaurant.  It is one of the highest points in Brookfield and you can see all the way to downtown Milwaukee.  Some neighbors also stated a preference for the south since it moves the restaurant away from their houses.  However, the parking is on the north side, so in either case you get the traffic closer to the houses.

Mr. Ertl stated a special report will be made to the Common Council on grading during the specific plan approval due to concerns relative to the appearance of Capitol Heights.

The original motion carried Ayes 10, Nays 3 with Alderman Kilkenny, Heinrich and Blackburn voting nay.

19) Alderman Mahkorn moved approval of the Ordinance rezoning certain properties from "M-2" Multiple-family district and "R-3" Single-family District to Planned Development District-General Plan (Mixed Use) No. 12, for the purpose of constructing "Fairview Centre", an approximate 38,345 sq. ft. commercial building and two (2) Multiple-family buildings, containing a total of 36 dwelling units; and amending the zoning issue area C6 of the "MSO" Modified Suburban Overlay District matrix, and acknowledging in the use variations column that "low intensity restaurant" as defined in Chapter 17 of the Municipal Code is a local business use. The motion was seconded by Alderman Ponto. An electronic vote was taken and carried Ayes 10, Nays 3 with Aldermen Kilkenny, Heinrich, and Blackburn voting nay. Ordinance No. 2046-06*

Board of Public Works

20) Alderman Heinrich moved to direct staff through the City consultant, to study the removal of the auxiliary lane on the east side of Calhoun Road and retain the right turn lanes at Golf Parkway, Ruby Lane and V. Richards Plaza to evaluate if the modification would qualify for federal funding. If that is true, then defer construction of right turn lanes until warranted by defined trigger mechanisms. The motion was seconded by Alderman Schellinger.

Alderman Blackburn moved to amend the motion to include two lanes south of I-94 and four lanes north of I-94. The motion was seconded by Alderman Kilkenny.

City Attorney Vince Moschella ruled the amendment (Blackburn's) out of order as it did not qualify as an amendment. It would actually replace the current motion on the floor not simply amend it. If the Council preferred Alderman Blackburn’s amendment, they should vote down the current motion and move the Blackburn motion.

Original motion carried Ayes 10, Nays 3 with Aldermen Kilkenny, Blackburn and Schellinger voting nay.

Council As A Whole

21) The next item was the discussion of strategy with the City Attorney about pending and possible litigation with the Town of Brookfield including Ravenswood lawsuit, the Town's Bluemound Sewer claim, and the Capitol Drive annexation petition, the Town's special assessment, and related City-Town issues. City Attorney Moschella briefly updated the Common Council. No action was taken.

22) Legislative Referrals: There were none.

23) Alderman Garvens moved to adjourn the meeting. The motion was seconded by Alderman Ponto and carried unanimously. 11:00 p.m.

___________________________________ Kristine A. Schmidt, City Clerk

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