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, SEPTEMBER 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, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Ron Balzer, Christopher Blackburn, Mike Franz, Beverly Wentz

ALDERMEN ABSENT & EXCUSED: Jim Heinrich

ALSO PRESENT: Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Finance Robert Scott, City Clerk Kristine Schmidt, City Attorney Vince Moschella, Director of Administration Dean Marquardt, Fire Chief John Dahms, Assistant Fire Chief Brian Peterson

The next Common Council meeting is scheduled for October 5, 2004.

Fire Chief John Dahms recognized employees at International Trucking who completed CPR and automatic defibrillator training. They put their training to work aiding a co-worker suffering cardiac arrest until the arrival of the Fire Department and may well have saved her life.

Alderman Steve Ponto led the Common Council in the Pledge of Allegiance to the American Flag.

Alderman Garvens moved approval of the Consent Agenda. The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call.

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

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

c) Resolution certifying proposed library funding for purposes of exemption from Waukesha County library tax levy. Resolution No. 7294-04*

d) Original Bartender's Licenses (see Legislative & Licensing agenda for names).

e) Temporary Class B Wine License for Trinity United Church of Christ, 4435 N. Calhoun Rd.; for the Silent Auction, October 16, 2004, 7-10 p.m.

f) Approve actions and recommendations of the Plan Commission as represented in the September 13, 2004, minutes, except Items 6, 9, and 11; and including the Plan Review Board recommendations of August 19, 2004, with special consideration given to:

f1. • P.C. Item #4: Request of Kingsway Homes and Realty, Inc., 700 Pilgrim Parkway, Suite 100, Elm Grove, WI 53122, Greg Walsh, President, to zone 4235 N. Brookfield Rd., Modified Suburban Overlay-Residential Cluster and rezone a vacant lot identified as Parcel , CSM No. 5459 or Tax Key No. 1028-994-001 located at approximately 4185 N. Brookfield Road from "O&LI", Office and Limited Industry District with "MSO-CS" Modified Suburban Overlay-Cluster Suburban development pattern to "R-3" Single-family Residence District with "MSO-RC" Modified Suburban Overlay-Residential Cluster development pattern with "C" Conservancy District. Included is a request to amend the MSO matrix of Ordinance No. 1693, modifying the development pattern of Zoning Issue Area WC1 from CS Cluster Suburban to RC/CS Residential Cluster/Cluster Suburban. (SE 1/4 of Sec. 5)

The Plan Commission recommended to approve designating 4235 N. Brookfield Road "MSO-RC", rezone 4185 N. Brookfield Road to "R-3" and "C" and amend the "MSO-CS" designation to "MSO-RC/CS".

♦ Ordinance zoning 4235 N. Brookfield Road "MSO-RC" and rezoning Parcel 1, CSM No. 5459, from "O&LI" with "MSO-CS" to "R-3" and "C" with "MSO-RC" and amending the MSO matrix of Ordinance No. 1693, changing the development pattern of Zoning Issue Area WC1 in the MSO matrix of Ordinance No. 1693 from CS to RC/CS. (Kingsway Homes) Ordinance No. 1979-04*

f2. • P.C. Item #7: Request of the Department of Community Development, 2000 N. Calhoun Rd., Brookfield, WI 53005, to correctively rezone portions of 1875 and 1905 N. Calhoun Rd., from "B-1" Local Business and "R-2" Residence (Single-family), to "B-2" General Business; and to apply a "MSO" Modified Suburban Overlay District, "CS" Cluster Suburban district to 1875, 1905, and 2005 N. Calhoun Road, Brookfield, WI 53005. (NE 1/4 of Sec. 21)

The Plan Commission recommended to approve the base zoning boundaries of portions of 1875 and 1905 North Calhoun Road, from "R-2" and "B-1" to "B-2", apply the MSO-CS overlay designation and modify the MSO matrix of Ordinance No. 1822 to reflect the inclusion of the subject parcels with a Use Variation prohibition on use of the funeral home site as a gas/service station or fast food with drive-thru restaurant and prohibit fast food with drive-thru restaurant at the existing restaurant and gas/service station sites.

♦ Ordinance amending base zoning district boundaries for 1875 and 1905 N. Calhoun Road, considered to have had faulty legal descriptions or other technical problems; and to apply a "MSO" Modified Suburban Overlay, "CS" Cluster Suburban Zoning district to 1875, 1905 and 2005 N. Calhoun Road. Ordinance No. 1980-04*

f3. Approve the balance of actions and recommendations of the Plan Commission as represented in the September 13, 2004, minutes, except Items 6, 9 and 11; and including the Plan Review Board recommendations of August 19, 2004.

g) Resolution awarding the bid for the City of Brookfield City Hall Toilet Rooms and Janitor Closet Remodeling, Zimmerman Project #030076.01 to Ray Stadler Construction Company, Inc. for $62,700. Resolution No. 7295-04*

h) Resolution approving the Perpetual Drainage Easements between the City of Brookfield and John and Lorraine Kaiser, 160 S. Rosedale; and Timothy and Mary Peters, 120 S. Rosedale; to perform a section of the Rosedale Storm Sewer Project #SW-04-04. Resolution No. 7296-04*

i) Final Resolution levying a special assessment against 540 S. Calhoun Road, Deer Park Water Main Project #WD-02-77, Tax Key No. 1142-997, $1,000. Final Resolution No. 7297-04*

j) Resolution vacating the Sanitary Sewer Easement between current land owners (Ceil Schwalbach, 13780 W. Greenfield Ave.) and the City of Brookfield and replacing with a Perpetual Sanitary and Storm Sewer Easement. Resolution No. 7298-04*

k) Resolution approving the Biosolids Disposal Agreement between Onyx Superior Special Services Inc. and the City of Brookfield generated at Brookfield's Water Pollution Control Center. Resolution No. 7299-04*

No items were removed from the Consent Agenda. (End of Consent Agenda)

Alderman Brunner moved approval of the Resolution scheduling meeting times for the Common Council, Legislative & Licensing, Finance, and Personnel Committee meetings. The motion was seconded by Alderman Mahkorn.

Alderman Kilkenny moved to table the Resolution requesting starting times be determined for some Committees . The motion was seconded by Alderman Wentz and carried Ayes 8, Nays 5 with Alderman Brunner, Owen, Berg, Schellinger and Franz voting nay.

There were several goals of this proposal:

• Stop holding meetings of two committees at the same time.  That would allow an aldermen on one committee to observe a topic of interest at the other committee.  The same goes for a citizen wanting to hear both meetings.

• Stop holding committee meetings immediately before the Council meeting.  Under the current system a committee meeting running long delays everything.  There has been concern that this places pressure on the committee to vote before discussion is complete.  The time now used for committee meetings would then be shifted to the Council meeting, which could use the time to discuss issues at greater length.

The comments by the various aldermen were very telling.  You should watch the videotape to get the full flavor of the comments.

• Ald. Brunner proposed the changes.  He believes that allowing more time for committees to debate a topic is a good thing.  He voted for the change at the leadership team meeting.

• Ald. Kilkenny was concerned that the times would interfere with her school classes.  Apparently attending Council committee meetings is more burdensome than the hundreds of hours she has spent opposing the Brookfield Square TIF #3, opposing the Shire, opposing Capitol Heights, opposing Deer Creek Plaza, opposing a Ruby Farms development, investigating the staff's credentials, etc.  She stated that any changes should be reviewed after a year to see if everyone thought they were convenient.

• Ald. Owen generally supported the proposal, noting that public service is not always convenient.

• Ald. Garvens stated that he does a great deal of business traveling and that having more meetings would interfere with his livelihood.  He voted for the change at the leadership team meeting.

• Ald. Ponto insisted that all meetings have an adjournment time of 9:00pm, a policy he enforces as Chairman of the Personnel Committee.  He generally opposed changing the current system to something that took more of his time.  He voted for the change at the leadership team meeting.

• Ald. Wentz stated that she coaches high school tennis and that the bus did not always get back in time for her to attend a meeting.  She also noted that when she was an Alderman in the late 1980's, everything was discussed more thoroughly in less time, the correct decisions were always made and that nothing in the city has changed that would warrant a change in schedule.  Interestingly enough, the next night at the annual budget review meeting she chastised new aldermen for not taking time off from their jobs to attend the League of Municipalities  convention for local elected officials.

• Ald. Mahkorn stated that the proposed system would allow better policy to be made and was supportive of the change.  He voted for the change at the leadership team meeting.

• Ald. Berg made a lengthy statement reminding the Aldermen that they were elected to study and debate the issues on behalf of their residents.  That involves some personal sacrifice, much as having a child in sports requires a change in a parent's schedule.  If the result of the change is more thorough debate resulting in better policy, it is worth the time.  He voted for the change at the leadership team meeting.

There were four legislative referrals.

Mayor Speaker proposed the following 2 referrals:

a. To Plan Commission – consider refinements to the Zoning Code or Site Development Standards to clarify that pedestrian or decorative lighting fixtures should not be used as the source of lighting of a parking lot when adjacent to existing or future residential uses due to the inability to effectively screen or shield such fixtures.

b. To Plan Commission, Board of Public Works, Sewer and Water Boards and Forestation Committee – to discuss and attempt to reconcile the desire to plant street trees in the public right-of-way or within utility easements contained or contemplated within the Lilly Road and Capitol Drive Neighborhood Plan Area and the Capitol Drive Corridor Plan and the impacts on utility and roadway installations and maintenance thereof.

Alderman Tom Schellinger requested a committee or task force be established by the Common Council to analyze, study and review data from Waste Management test wells. The committee should also study issues concerning the moratorium on the buffer zone at the Waste Management site. He also recommended that Russ Klingaman be appointed chairman of the committee and alderman Blackburn be appointed from the Council. This matter should be placed on the Common Council Agenda as a matter for the Council as a Whole for October 5, 2004.

Alderman Kilkenny referred to the City Attorney’s office a review of the Sign Code as it pertains to political signs to insure that it is up to date in light of recent court opinions.

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

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Kristine A. Schmidt, City Clerk

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