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 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, MAY 17, 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, Richard Brunner, Mike Franz, Mark Nelson, Jim Garvens

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, Director of Community Development Dan Ertl, Fire Chief John Dahms, Director of Human Resources Jim Zwerlein

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

The next Common Council meeting will be June 7, 2005.

Fire Chief John Dahms presented Citizen Recognition Awards to Mary Mieler, RN; Margie Murray, RN; Debbie Cook, RN; Stacey Fleming, all from Gambro Healthcare; and Torrence Veasey and Gretchen Krassman, who are citizen responders.

Agency Recognition Awards were presented to Brookfield Fire Associates, Outstanding Contribution; Brookfield Square, Continuing Partner; Elmbrook Hospital, Continuing Partner; and Brookfield Junior Women's Club, Continuing Partner.

Appreciation Awards were presented to Sue Nord from CNI Inc., John Mercure, and the Wartman Family.

One person spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding an election concern at the April 5th election.

ACTIONS OF THE COMMON COUNCIL

2) Torrence Veasey and friend 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 items 4a,
4b, 6, and 22. The motion was seconded by Alderman Owen and carried unanimously. Recorded as a roll call.

3) Minutes from the Regular Common Council meeting of May 3, 2005

Actions and recommendations as represented in the Plan Commission minutes on May 9, 2005, including the Plan Review Board recommendations of April 21, 2005

4) • P.C. Item #1: Plan Review Board recommendations of the April 21, 2005, meeting minutes:

4a) Removed from the Consent Agenda.

4b) Removed from the Consent Agenda.

4c) • PRB #2: City of Brookfield Dept. of Parks and Recreation and Forestry to schedule a
conditional use public hearing permitting fencing at Mitchell Park creating a boundary for pet exercise.

5) • P.C. Item #2: Bradon Preserve for preliminary plat approval located at 19545 W. Lisbon
Road, Tax Key Numbers 1026.998 and 1026.999.

6) Removed from the Consent Agenda.

As recommended from the Finance Committee

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

8) Resolution awarding the sale of $5,010,000 General Obligation Corporate Purpose Bonds,
providing the form of the bonds, and levying a tax in connection therewith. Resolution No.
7414-05*

9) Resolution approving professional services agreement with Aero Optics for helicopter rides
during National Night Out, August 3, 2005. Resolution No. 7415-05*

As recommended by the Legislative & Licensing Committee

10) Two Original Bartender Licenses (see Legislative & Licensing agenda for names).

11) Seven Renewal Bartender Licenses (see Legislative & Licensing agenda for names).

12) Renewal Wholesaler application: Edison Liquor, 21125 Enterprise Avenue.

13) Renewal Class B Beer application: Rocky Rococo Pizza & Pasta, 95 N. Moorland Road.

14) Renewal Class A Combination Beer and Liquor applications: Sentry Foods-Hampton, 13255
W. Hampton Ave.; Sentry Foods, 2315 N. 124th Street.

15) Renewal Class B Combination Beer and Liquor applications: Stenz-Griesell-Smith American Legion Post 449, 3245 N. 124th St.; Boulder Junction, 12550 W. Burleigh Rd.; The Bowary Sports Eatery, 14640 W. Capitol Dr.; Brookfield Hills Golf Course, 16075 Pinehurst Dr.; Cali's Grille Room, 1005 S. Moorland Rd.; Devine's Lariat, 4165 N. 124th St.; Embassy Suites Hotel-Milw. West, 1200 S. Moorland Rd.; Fuddrucker's, 16065 W. Bluemound Rd.; Maxim's Restaurant, 18025 W. Capitol Dr.; TGI Fridays, 17430 W. Bluemound Rd.

16) Original Class B Combination Beer and Liquor application: Saffron Indian Bistro LLC; d/b/a Saffron Indian Bistro, 17395 W. Bluemound Rd. #D1; Agent-Vijay A. Sadhu.

17) Renewal Temporary Use Permit Application: Classic Car Show at 16755 W. Lisbon Road
(Pistol Pete's), every Wednesday from May 18 to September 3, 4:30 – 10:00 p.m.

18) Temporary Class B Beer Application: Brookfield Jaycees at Wirth Park, from May 24-June 6, 2005 (14 days).

19) Ordinance amending Section 5.24.040 of the Municipal Code regarding special six month Class B Fermented Malt Beverage License and associated Operator's Licenses (bartenders). Ordinance No. 1809-05*

As recommended by the Board of Public Works

20) Resolution accepting the Offer to Purchase nine city-owned lots on Burleigh Road by Mary
Schroeder and Fredric Spytek in the amount of $801,865 and to reject the lower bid. Resolution No.
7416-05*

As recommended by the Sewer & Water Board

21) Resolutions approving the Dedication of Public Facilities for Capitol Heights:

 a. water system. Resolution No. 7417-05*

 b. sanitary sewer system. Resolution No. 7418-05*

22) Removed from the Consent Agenda.

Council As A Whole

23) Resolution establishing the 2005 summer schedule for Common Council meetings in July and August. Resolution No. 7419-05*

24) Mayor's Reappointment: Mike Faber to the Plan Commission and Plan Review Board – Three year term expiring May 1, 2008.

25) Mayor's Appointment: Mark Nelson to the Plan Commission -1 year term expiring April 2006. 26) Proclamation recognizing the week of May 15-21, 2005, as "Emergency Medical Services Week".

27) Proclamation recognizing the week of May 15-21, 2005, as "National Public Works Week".

28) Items removed from the Consent Agenda: #12;

Plan Commission

4a) • PRB Item #1: Bradon Preserve to approve a conditional use and new plan and method of
operation to permit the construction of a sanitary sewer lift station at 19545 W. Lisbon Road and rescind Conditional Use Ordinance No. 1575.

The Plan Commission recommended adoption of the Plan Review Board recommendation of
staff's recommendation to approve a conditional use and new plan and method of operation to permit the construction of a sanitary sewer lift station.

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

4b) Alderman Mahkorn moved adoption of the Ordinance granting approval of a conditional use to permit the construction of a sanitary sewer lift station and to rescind Conditional Use Ordinance #1575 at 19545 W. Lisbon Road or Bradon Preserve, a 27 lot single family subdivision. The motion was seconded by Alderman Berg. A roll call vote was taken and carried unanimously. Ordinance No. 1810-05*

6) Century Centre for preliminary survey, certified survey map, development agreement, site
grading, utility and access improvements permitting Phase I construction on tax key numbers
1147.993.004 and 1147.993.009 or approximately 15200 W. Greenfield Avenue.

The Plan Commission recommended to approve the preliminary survey map, the final C.S.M.,
direct City staff and Mayor to execute a final copy of the Development Agreement and C.S.M. subject to technical corrections and as itemized in memorandum from City Engineer, specifically placement of wetlands in outlots, granting rights to the traveling public per State Statute 236.293 and correcting omissions, and submittal of an executed Development Agreement and C.S.M. prior to issuance of a building permit., as well as receipt of a CLOMR from FEMA.

Alderman Mahkorn moved adoption of the Plan Commission recommendation with the added
provision to Section 5 of the Development Agreement, "Lighting including all exhibits must be
installed consistent with the City Illumination Code." The motion was seconded by Alderman
Kilkenny and carried unanimously.

Sewer Board

22) Alderman Berg moved to table to the Parks and Recreation Commission the Resolution relative to the Perpetual Sanitary Sewer Easement by and between the City of Brookfield in Wirth Park. The motion was seconded by Alderman Kilkenny and carried unanimously.

(End of Consent Agenda)

 COUNCIL AS A WHOLE

29) Legislative Referrals:

 a. Alderman Mahkorn requested that the Plan Commission review an amendment to Section
17.112.010 D. regarding a nonconforming structure in a setback can be remodeled without regarding to the "fifty percent rule", which would bring the code section into compliance with Wisconsin case law.

Alderman Kilkenny moved to adjourn the meeting. The motion was seconded by Alderman
Ponto and carried unanimously. 8:17 p.m.

 ___________________________________

 Kristine A. Schmidt, City Clerk

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