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, APRIL 19, 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 (teleconference call), Dan Sutton, Rick Owen, Ron Balzer, Christopher Blackburn, Jim Heinrich, Cindy Kilkenny, Richard Brunner, Mike Franz, Mark Nelson (sworn-in this evening)

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, Economic Development Coordinator Pat Drinan, Director of Human Resources Jim Zwerlein, Director of Community Development Dan Ertl

Mayor Jeff Speaker called the Common Council to order at approximately 7:55 p.m.

The next Common Council meeting will be May 3, 2005.

One person spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the proposed water main project on Capitol Drive (169^th Street to Bradee Road) and Fiebrantz Drive Water Main Project.

Newly elected 4^th District Alderman Mark Nelson was introduced and the City Clerk administered the oath-of-office.

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

Alderman Berg moved approval of the Resolution recognizing the City of Brookfield's Police and Fire Departments for their Outstanding Response to the March 12, 2005, Tragedy. The motion was seconded by Alderman Sutton and carried unanimously. Resolution No. 7396-05*

Alderman Heinrich stated, as a point of information, that the resolution for item 17 was from the Board of Public Works and not the Sewer Board. Alderman Heinrich moved approval of the Consent Agenda. The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call.

4) Minutes of the Regular Common Council meeting of April 5, 2005

5) • P.C. Item #1: Plan Review Board actions and recommendations as represented in the minutes of March 17, 2005, with the exception of Item #2.

a. PRB Item #1: Manfred Meyer, 19450 North Hills Dr., addition to an existing detached garage.

b. PRB Item #3: Brookfield Junction, 2848 N. Brookfield Rd., landscape plan.

c. PRB Items A1, A2, and B: Sign Requests –

c1. Murf's Frozen Custard, 12505 W. Burleigh Rd.

c2. Murf's Frozen Custard, 12505 W. Burleigh Rd.

c3. The Shire Subdivision – Rivendell & Brookfield Roads

6) a. • P.C. Item #4: Liberty Property Trust (245 Plaza), 245 S. Executive Drive, apply M.S.O. Modified Suburban Overlay – Cluster Suburban District and revised plan and method of operation.

b. ♦ Ordinance establishing the Modified Suburban Overlay Zoning District and matrix for the property located at 245 S. Executive Drive (Liberty Property Trust). Ordinance No. 2005-05*

7) • P.C. Item #6: Trieflaff Mobil, 14035 W. Capitol Drive, to schedule a public hearing to remove a special exception and amend the Modified Suburban Overlay District matrix.

8) • P.C. Item #7: Thomson Corporation located approximately at 15200 W. Greenfield Avenue for re-approval of Phase I of a modified new plan and method of operation for "Century Center".

9) • P.C. Item #8: Extraterritorial preliminary plat denial of Ravens Wood Heights in the Town of Brookfield.

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

- WI Dept. of Trans Greenfield Av Baythorn-Calhoun $65,449.20

11) Resolution approving Financial Advisory Agreement with RBC Dain Rauscher, Inc. with respect to 2005 general obligation corporate purpose bonds to be issued to fund the City's capital improvement program. Resolution No. 7397-05*

12) Resolution approving capital project budget amendment requested by the Fire Chief: increase capital projects revenue account 201-000-445, Sundry Revenues, and capital projects expenditure account 201-113-700-076, Dispatch project, by $7,200 each, for purposes of recognizing donations revenue and expenditures for expenditures. Resolution No. 7398-05*

13) Denial of claim for Salvatore Fricano.

14) Ordinance repealing and recreating Section 10.08.020 of the Municipal Code relating to Bicycle Lanes and Bicycle Ways. Ordinance No. 2006-05*

15) Resolution accepting the Offer to Purchase from Brian and Renee King for the City-owned property at Lot 13 and the west half of the vacated alley, Block 20 in the Second Continuation of Kinsey's Garvendale (1220 Garvens Avenue) in the amount of $1,000. Resolution No. 7399-05*

16) Resolution awarding the bid for the 2005 Epoxy Pavement Marking Project No. R-05-03(A) to Brickline, Inc. for $50,325.00. Resolution No. 7400-05*

17) Resolution awarding the bid for the Brookfield Road Pathway Project No. BP-02-02 to Payne and Dolan, Inc. for $48,360.30. Resolution No. 7401-05*

18) Resolution approving the Hold Harmless Agreement for the encroachment of the screening wall in the City's Storm Sewer Easement located at the Goodyear building at Fountain Square. Resolution No. 7402-05*

19) Resolution approving Perpetual Drainage Easements between the City of Brookfield and the Shariat & N. Siddiqui, 3780 Fiebrantz, and Kelly S. Quinney, 3760 Fiebrantz Drive. Resolution No. 7403-05*

20) Final Resolutions levying special assessments against:

a. 16260 Luella Drive, BRC 1065-076, $3,461.30. Final Resolution No. 7404-05*

b. 16320 Luella Drive, BRC 1065-060, $3,362.69. Final Resolution No. 7405-05*

21) Original Bartender Licenses: Christine P. Cannon, Suzanne L. Chartier, Rita A. Dolgner, Jessica L. Florczak, and Robert A. Omlie.

22) Temporary Class B Beer and Wine license for St. John Vianney Parish Festival, 1755 N. Calhoun Road, from June 10^th, 5-11:30 p.m.; June 11^th, 9 a.m.-11:30 p.m., and June 12^th, 12-8:30 p.m.

23) Ordinance accepting detached property (1.5203 acres along Lisbon Road) from the Village of Menomonee Falls and payment of $21,708 to the Village of Menomonee Falls for the detachment (MNFV 0127993). Ordinance No. 2007-05*

24) Council President's Appoinments:

a. Alderman Ron Balzer – Personnel Committee, One year term expiring April 2006.

b. Alderman Mark Nelson – Finance Committee, One year term expiring April 2006.

25) Council President's Reappointments:

a. Alderman Gary Mahkorn – Plan Commission, One year term expiring April 2006.

b. Alderman Rick Owen – Plan Commission, One year term expiring April 2006.

26) Mayor's Appointments:

a. Kristin Hennessy Urban – Civil Service Commission, Five year term expiring July 1, 2009.

b. Kari Clappier – Park & Recreation Commission, To fulfill the unexpired term of a member who moved expiring December 31, 2007.

27) Mayor's Reappointments:

a. Kari Clappier – Board of Review, Three year term expiring January 1, 2008.

b. Howard Washechek – Board of Review, Three year term expiring January 1, 2008.

28) Proclamation proclaiming April 29, 2005, as "Arbor Day Celebration".

29) No items were removed from the Consent Agenda.

30a) The next item was the request of CBL and Associates Properties, c/o Curt Hammontree, 2030 Hamilton Place Blvd., Chattanooga, TN, for approval of a zoning amendment that will apply the "M.S.O." Modified Suburban Overlay District to set dimensional zoning standards to properties located at 15875 W. Bluemound Road and approve a Certified Survey Map, Plan and Method of Operation, and Development Agreement for the construction of two restaurants (8,130 sq. ft. and 7,236 sq. ft.) and a 18,000 sq. ft. retail store located at the southwest corner of Bluemound Road and Moorland Road.

The Plan Commission recommended approval of the rezoning to add "M.S.O." Modified Suburban Overlay to the subject property to establish setbacks and other dimensional standards as listed in the hearing notice, the plan and method of operation, Certified Survey Map, and to direct the Mayor and City Clerk to execute the Development Agreement subject to the conditions stated. The applicant is also directed to consider adding stone around the front entrance of Organized Living.

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

Alderman Kilkenny moved return the item to the Plan Commission with a recommendation to remove the false second stories on the three buildings. The motion was seconded by Alderman Blackburn and failed Ayes 3, Nays 11 with Aldermen Kilkenny, Blackburn and Berg voting aye.

The original motion carried Ayes 12, Nays 2 with Aldermen Kilkenny and Blackburn voting nay.

MJS, April 11, 2005 - Plan Commission OKs mall expansion, Proposal would add store, 2 restaurants to Brookfield Square

MJS, April 20, 2005 - 3 new buildings approved at Brookfield Square

30b) Alderman Mahkorn moved adoption of the Ordinance establishing the Modified Suburban Overlay Zoning District and Matrix for the property located at 15875 W. Bluemound Road (Brookfield Square Phase II). The motion was seconded by Alderman Brunner. A roll call vote was taken and carried Ayes 12, Nays 2 with Aldermen Kilkenny and Blackburn voting nay. Ordinance No. 2008-05*

31) Alderman Garvens moved approval of the Resolution approving 2005 budget amendment requested by the Economic Development Committee: appropriate $50,000 from the Economic Development Special Revenue fund balance to Economic Development contractual services account #205-943-560, for purposes of funding a Comprehensive Advertising/Marketing Campaign for Business Retention and Attraction; and approving professional services agreement with Johnson Direct, LLC in the amount of $50,000 for such services. The motion was seconded by Alderman Berg and carried Ayes 13, Nays 1 with Alderman Kilkenny voting nay. Resolution No. 7406-05*

32) Alderman Garvens moved approval of the Resolution authorizing the issuance and awarding the sale of $5,735,000 General Obligation Refunding Bonds; providing the form of the bonds; and levying a tax in connection therewith. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7407-05*

MJS, April 20, 2005 -  Brookfield refinances debt to save $276,000 Brookfield

This was the city equivalent of "refinancing the mortgage" at a lower interest rate to save money.  This refinancing was for a collection of the unpaid balances on five different municipal bonds issued since 1989 at interest rates varying from 5.1% to 6.7%..  Municipal bonds have a much different set of legal restrictions than your home mortgage.  They can only be refinanced when the bond is a certain age, have irregular payment amounts in different years, can only be called at certain dates, etc., so it was not possible to do this refinancing any earlier.  The true interest cost of the new bond is 3.52%

Later in the year will be another bond issuance, borrowing money for road, sewer, water, etc. projects to be constructed in 2005.

WATER BOARD

33) Alderman Berg moved approval of the Resolution awarding the bid for the Capitol Drive (169^th Street to Bradee Road) and Fiebrantz Drive Water Main Project No. W-05-01 and Fiebrantz Storm Sewer Project No. SA-05-03 to Mainline Sewer & Water, Inc. for $947,296.73. The motion was seconded by Alderman Garvens and carried Ayes 11, Nays 3 with Aldermen Kilkenny, Brunner and Sutton voting nay. Resolution No. 7408-05*

34) Alderman Berg moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments: Capitol Drive (169^th Street to Bradee Road) and Fiebrantz Drive Water Main Project #W-05-01). The motion was seconded by Alderman Heinrich.

Alderman Balzer moved to amend the resolution to remove the area from 165^th Street to 169^th Street on Melvina Street and attach those properties to the project to the south scheduled in 2007. The motion was seconded by Alderman Garvens. A roll call vote was taken on the amendment and lost Ayes 5, Nays 9 with Aldermen Sutton, Kilkenny, Garvens, Balzer and Blackburn voting aye.

A vote was taken on the original motion and carried Ayes 9, Nays 5 with Aldermen Sutton, Brunner, Balzer, Kilkenny and Garvens voting nay. Final Resolution No. 7409-05*

35) Legislative Referrals:

a. Mayor Speaker requested that the Board of Public Works review and recommend for adoption Trans 305.

b. Mayor Speaker requested the Board of Public Works review restricting Civic Center parking to parking for City Functions only during the hours of 7:00 a.m. to 5:00 p.m.

c. Alderman Balzer requested the Water Board review their policy on notification for watermain extensions.

Alderman Heinrich moved to adjourn the meeting. The motion was seconded by Alderman Brunner and carried unanimously. 9:50 p.m.

Kristine A. Schmidt, City Clerk

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