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 26^TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, FEBRUARY 21, 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, Jim Heinrich, Mike Franz

ALDERMEN ABSENT & EXCUSED: Richard Brunner

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 Parks Recreation and Forestry Bill Kolstad, Police Chief Dan Tushaus

Anna Mae Hurley, Office Manager; Parks, Recreation & Forestry Department and Jeffrey R. Johnson, Deputy Chief; Fire Department were honored for their 25 years of service to the City of Brookfield.

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

The next Common Council meeting will be March 7, 2006.

Two people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the proposed condominium project, Erbary Place.

Alderman Christopher Blackburn led the Common Council in the Pledge of Allegiance to the American Flag.

David Mungenast gave a presentation and updated the Council on the Sister City Committee’s activities.

A public hearing was heard regarding a conditional use and Modified Suburban Overlay text amendment for McDonalds located at 300 N. Moorland Road. (9:08 p.m.)

Aldermen Garvens moved approval of the items on the Consent Agenda, except for items #2 and #3. The motion was seconded by Alderman Heinrich and carried unanimously. Recorded as a roll call.

1) Minutes from the Regular Common Council meeting of February 7, 2006.

2) Removed from the Consent Agenda.

3) Removed from the Consent Agenda.

4) • P.C. Item #4: Request of CBL and Associates Properties for approval of a public hearing for a zoning amendment that will apply the "M.S.O." Modified Suburban Overlay District to a property located at 95 N. Moorland Road for the construction of one restaurant (7,350 sq. ft.) as an addition to the Brookfield Square Mall – Brookfield Square Phase IV.

5) • P.C. Item #6: Request of Stone Brook Hollow for final plat, development agreement and landscape plan approval of Hidden Creek, a 20 lot single-family subdivision of unrecorded Meadow View and Meadow View Annex, east of Calhoun Road and south of Lisbon Road.

6) • P.C. Item #1b: Remanded request of Developers Diversified Realty and the City of Brookfield to schedule a public hearing for a Planned Development District – General Plan (Commercial) (limited to lands needed for a sign tower) and to authorize use of Plan Commission funds for an independent peer review of a new gateway tower design that would include a new City entrance sign at 12455 W. Capitol Drive.

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

8) Request to deny claim of Charles Dufek.

9) Resolution refunding property taxes on personal property account 6220 and rescinding property taxes on personal property account 8249. Resolution No. 7525-06*

10) Resolution accepting Highway Safety grant from the Wis. Dept. of Transportation and amending 2006 Police Drug Prevention special revenue fund budget requested by the Police Chief: increase revenue account 205-000-433-100 and expenditure account 205-215-579-509 by $10,000 for purposes of recognizing grant revenues and related expenditures. Resolution No. 7526-06*

This $10,000 will pay for police overtime to traffic enforcement, e.g. speed traps.

11) Resolution amending Wastewater Utility Fund capital budget requested by the Sewer Board; increase expenditure account 401-999-106-004-101 (Indianwood sewer relay) by $525,000 for purposes of funding sewer construction costs. Resolution No. 7527-06*

This followed a unanimous approval by the Water Board for construction of this sewer line.  The Indianwood line is one of the oldest in the city, over 50 years, and it needs replacement due to leaking, partial collapses, etc.  It will be much more expensive than originally thought due to the discovery of very poor soil conditions, making construction very complex.

The other half of this sewer project, not specifically a part of this action since it was already approved in the 2006 budget, is an upgrade to the Underwood Interceptor.  This is a large sewer line running about midway between the south edge of the Indianwood subdivision and Blue Mound Road, roughly where the old Storm's Golf Driving Range was (now Circuit City, etc.)  The enlargement of this line will allow the start of construction of the already approved Georgetown Square condominium development near the corner of Blue Mound Road and Calhoun Road.  There has been a lot of mis-information about why the Georgetown Square project has not started and how the delay endangers the TIF district it is included in.  This project solve the main problem causing the delay and was approved by all Sewer Board members (Berg, Ponto, Franz, Blackburn and Kilkenny).  That's ironic since Kilkenny and Blackburn opposed both the TIF and Georgetown Square, yet this sewer project they approved will help get them both started.

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

13) Ordinance amending the Municipal Code of the City of Brookfield by changing references from Comptroller to Director of Finance. Ordinance No. 2047-06*

14) Resolution approving the dedication of public facilities for The Shire Subdivision: storm sewer system and roadway. Resolution No. 7528-06*

Another irony since Sewer and Water board members Berg, Ponto, Franz and Kilkenny all opposed the Shire project.  Ald. Blackburn had not yet been elected at that March 16, 2004 meeting.  There comes a point when you move on, making the best of a situation you would have preferred not have happened.

15) Resolution approving the dedication of public facilities for The Shire Subdivision: water main. Resolution No. 7529-06*

16) Resolution amending Res. #7005 and approving the option of allowing metered residential customers to install a deduct meter. Resolution No. 7530-06*

17) Resolution approving the dedication of public facilities for The Shire Subdivision: sanitary sewer. Resolution No. 7531-06*

18) Resolution awarding the bid for the Underwood Creek Sanitary Sewer Relay and Indianwood Sanitary Sewer Relay, Project Nos. SA-04-04 and SA-04-05 to Mainline Sewer & Water, Inc. for $1,537,838. Resolution No. 7532-06*

19) Resolutions commending the following employees for 25 years of service:

a. Douglas R. Repta, Equipment Operator; Highway Dept. Resolution No. 7519-06*

b. Joseph G. Mozina, Sergeant; Police Dept. Resolution No. 7520-06*

c. Anna Mae Hurley, Office Manager; Parks, Recreation & Forestry Dept. Resolution No. 7521-06*

d. Mark D. Simon, Superintendent; Water Dept. Resolution No. 7522-06*

e. Jeffrey R. Johnson, Deputy Chief; Fire Dept. Resolution No. 7523-06*

f. Michael K. Terry, Utility Specialist 1; Water Dept. Resolution No. 7524-06*

20) Items removed from the Consent Agenda –

2) P.C. Item #2: Request of CBL and Associates Properties for re-approval of a Preliminary Survey/Certified Survey Map, Plan and Method of Operation, and Development Agreement for the construction of two restaurants (8,220 sq. ft. and 7,236 sq. ft.) and a future 18,000 sq. ft. retail store to be located at the southwest corner of Bluemound Road and Moorland Road (15875 W. Bluemound Road) – Brookfield Square Phase II.

The Plan Commission recommended to re-approve the plan and method of operation, preliminary survey/Certified Survey Map and direct the Mayor and City Clerk to execute the Development Agreement subject to the staff recommendation and listed conditions in the minutes plus adding the window on the south elevation and using internal downspouts (instead of the external downspouts shown on the elevation.

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

3) • P.C. Item #3: Request of CBL and Associates Properties for approval of a Preliminary Survey/Certified Survey Map and Plan and Method of Operation for the construction of a 22,500 sq. ft. specialty grocery store to be located at the southeast corner of Bluemound Road and Main Street (15875 W. Bluemound Road) – Brookfield Square Phase III.

The Plan Commission recommended approving plan and method of operation and preliminary Survey/Certified Survey Map subject to the staff recommendation and conditions in the minutes.

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

21) • P.C. Item #1: Request of Erbary Place LLC to approve rezoning 18305 and 18345 Davidson Road, Modified Suburban Overlay – Residential Cluster (MSO-RC), approve a new plan and method of operation allowing construction of Erbary Place, a 7 unit single-family, detached condominium development. Included is a request to approve a preliminary survey and final certified survey map consolidating the two lots into one lot.

The Plan Commission forwarded the item to the Common Council with no recommendation.

Alderman Mahkorn moved approval of rezoning 18305 and 18345 Davidson Road, Modified Suburban Overlay – Residential Cluster (MSO-RC), approve a new plan and method of operation allowing construction of Erbary Place, a 7 unit single-family, detached condominium development. Included is a request to approve a preliminary survey and final certified survey map consolidating the two lots into one lot, subject to including the recommendation from staff. The motion was seconded by Alderman Owen and carried Ayes 11, Nays 2 with Aldermen Kilkenny and Blackburn voting nay.

22) Alderman Mahkorn moved adoption of the Ordinance rezoning 18305 and 18345 Davidson Road "MSO-RC" Modified Suburban Overlay – Residential Cluster to permit construction of Erbary Place, 7 single-family detached condominiums. The motion was seconded by Alderman Owen. (A protest petition was filed which required a 3/4 vote by the Common Council of those present.) A roll call vote was taken and carried Ayes 11, Nays 2 with Aldermen Kilkenny and Blackburn voting nay. Ordinance No. 2048-06*

23) • P.C. Item #1a: Remanded request of Developers Diversified Realty for approval of a new plan and method of operation for a retail building at 12455 W. Capitol Drive and approval of a Preliminary Survey and Certified Survey Map for 12455-12575 W. Capitol Drive. No new lots will be created.

The Plan Commission recommended to approve the multiple tenant retail building, Preliminary Survey Map and Certified Survey Map subject to: (1) The Plan Commission minutes of January 9, 2006, with the following change: building elevation plans dated February 9, 2006, by Herschman Architects, Inc. (hereinafter "Herschman"), including sample material board, "street view storefront design criteria exhibit", and architectural rendering on file at the Department of Community Development. Exterior electrical panels and other utilities immediately adjacent to and/or attached to the building are to be painted to match the building materials. [Replaces Condition #3 from January 9, 2006, approval.]

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

The primary objection of the two dissenters appeared to be the inclusion of a false second story.  i.e.  one story building with a high ceiling and windows put up high to make it look like two stories.

24) Legislative Referrals:

a. The Mayor referred a request from Alderman Brunner to the Board of Public Works to review the street maintenance contract with the City of Wauwatosa for 124^th Street relative to the performance or non-performance by the City of Wauwatosa of that contract.

25) Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman

Nelson and carried unanimously. 10:50 p.m.

___________________________________

Kristine A. Schmidt, City Clerk

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