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, JULY 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, Dan Sutton, Rick Owen, Christopher Blackburn, Jim Heinrich, Cindy Kilkenny, Mike Franz, Mark Nelson, James Garvens (via teleconference call)

ALDERMEN ABSENT & EXCUSED: Ron Balzer

ALSO PRESENT: Assistant City Attorney Karen Flaherty, Director of Administration Dean Marquardt, City Clerk Kris Schmidt, Director of Community Development Dan Ertl, Director of Human Resources Jim Zwerlein, Director of Finance Robert Scott, Director of Public Works Tom Grisa

Mayor Jeff Speaker called the Common Council to order at approximately 8:00 p.m.

The next Common Council meeting will be August 16, 2005.

One person spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding damage to his light pole caused by a snow plow on March 10^th.

A presentation was made by Eagle Scouts Will Bonk and Danny Scott from Troop 246 regarding their Eagle Scout projects. Will Bonk placed wood chips on a trail and built a bench to be placed along the trail. Danny Scott stenciled warnings on stormwater drains and created a door hanger to warn of the dangers of placing toxic substances in the storm drains.

2) Eagle Scouts Will Bonk and Danny Scott led the Common Council in the Pledge of Allegiance to the American Flag.

Aldermen Heinrich moved approval of the items on the Consent Agenda. The motion was seconded by Alderman Kilkenny and carried unanimously. Recorded as a roll call.

3) Minutes from the Regular Common Council meeting of June 21, 2005.

4) • P.C. Item #1: Plan Review Board actions and recommendations of June 23, 2005:

a. • PRB #1: Request of Luigi and Ann Vella, 1692 N. Humboldt Ave., Milwaukee, 53202, for a re-approval of a Certified Survey Map (CSM) for 20800 and 20840 Barberry St., Brookfield, merging two single family lots into one lot in the Chadwick Greens III Subdivision.

b. • PRB #A: Fountain Square, 16010 W. Bluemound Rd., I.D. sign.

c. • PRB #B: Bishops Woods Corp., 150 N. Sunnyslope Rd., monument sign.

d. • PRB #C1: Sunnyslope Health Center, 1350 N. Sunnyslope Rd., monument sign.

e. • PRB #C2: Sunnyslope Health Center, 1350 N. Sunnyslope Rd., wall sign.

f. • PRB #C3: Sunnyslope Health Center, 1350 N. Sunnyslope Rd., wall sign.

5) • P.C. Item #3: Request of Trieglaff Mobil to rezone the property to remove "SE" Special Exception Ordinance No. 1280 from the property and amend the Modified Suburban Overlay (MSO) District matrix for Zoning Issue Area E.C. 12.10 to apply a "NS/CS" New Suburban/Cluster Suburban development pattern and establish other characteristics to said zoning issue area; to approve a new plan and method of operation; and to approve a Preliminary Survey Map and Certified Survey Map merging Lot 1 and Lot 2 of the Capitol Drive Garden Acres No. 2 Subdivision. One old lot will be removed to facilitate the reconstruction of a gas station and car wash.

♦ Ordinance amending the overlay zoning designation for the property at 14035 W. Capitol Drive to establish "MSO" Modified Suburban Overlay, "NS/CS" New Suburban/Cluster Suburban and remove Special Exception Ordinance No. 1280 from the property (Trieglaff Mobil). Ordinance No. 2016-05*

6) • P.C. Item #5: Request of Bradon Preserve, LLC to approve a conditional use and new plan and method of operation permitting the construction of a sanitary sewer lift station on Tax Key No. 1026-999, approximately 19800 W. Lisbon Road, in association with the development of Bradon Preserve, a 27-lot single family subdivision. Included is a request to rescind that portion of Conditional Use Ord. No. 2012-05 permitting construction of a sanitary sewer lift station at the southeast corner of Outlot 3.

♦ Ordinance granting approval of a conditional use to permit the construction of a sanitary sewer lift station located at 19800 W. Lisbon Road or Bradon Preserve, a 27 lot single family subdivision and to rescind a portion of Conditional Use Ord. #2012-05. Ordinance No. 2017-05*

7) • P.C. Item #7: Request of Dabble Investments, LLC for approval of a new plan and method of operation permitting construction of a 47,021 sq. ft. commercial building at 21365 Gateway Court.

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

9) Resolution approving 2005 budget amendment requested by the Director of Finance: increase asphalt subdivisions special revenue fund expenditure a/c #205-215-579-504 by $36,366, for purposes of additional subdivision paving costs funded by developer deposits. Resolution No. 7446-05*

10) Request of the Highway Division to purchase road salt from North American Salt Company for $146,696.

11) 18 - Original Bartender Licenses (see Legislative & Licensing agenda for names).

12) 26 - Renewal Bartender Licenses (see Legislative & Licensing agenda for names).

13) Resolution approving an Offer to Purchase an unbuildable city-owned lot at Lot 2, Block 8 in Greenfield Heights Estates by James and Jennifer Shilobrit for $1,000. Resolution No. 7447-05*

14) Resolution amending the City's Official Traffic Control map by including "No Parking Anytime" signs on both sides of River Road from Barker Road to the Fox River. Resolution No. 7448-05*

15) Resolution awarding the bid for the Martin Drive/Davidson Road Storm Sewer Project No. SW-04-05 to Mainline Sewer and Water for $83,148. Resolution No. 7449-05*

16) Resolution awarding the bid for the City of Brookfield Public Safety Building, 2100 N. Calhoun Road, Roof Replacement Project – Roof Areas 1-10, IRS Project 12817 to Penebaker Enterprises, LLC for $370,102.81. Resolution No. 7450-05*

17) Resolution approving a Conveyance of Rights to the Wisconsin Dept. of Transportation for water and sewer easements on Greenfield Avenue. Resolution No. 7451-05*

18) Resolution approving a Perpetual Sanitary Sewer and Watermain Easement between Klinke Capitol Drive LLC (Klinke Cleaners redevelopment) and the City of Brookfield. Resolution No. 7452-05*

19) Resolution approving a Perpetual Sanitary Sewer and Watermain Easement between Mohns, Inc. (Fox Hollow Condominium development) and the City of Brookfield. Resolution No. 7453-05*

20) Resolution approving the Compliance Maintenance Annual Report (CMAR) for 2004. Resolution No. 7454-05*

21) No items were removed from the Consent Agenda.

22) • P.C. Item #2: Request of Donald Krause, for re-approval to schedule a public hearing to rezone 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 amend 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 acknowledge in the Use Variations column of Zoning Issue column of Zoning Issue Area C6 that "low intensity restaurant" as defined in Chapter 17 of the Mun. Code is a local business use all in association with Fairview Centre, a PDD development consisting of 48 multiple family dwelling units and a 38,345 sq. ft. commercial building.

The Plan Commission recommended to re-approve scheduling a PDD-General Plan public hearing to rezone 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 amend 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 acknowledge 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.

Alderman Mahkorn moved adoption of the recommendation of the Plan Commission. The motion was seconded by Alderman Owen and carried Ayes 12, Nays 1 with Alderman Heinrich voting nay.

23) Alderman Heinrich moved approval of the Resolution approving a Public Works Emergency Response Mutual Aid Agreement. The motion was seconded by Alderman Ponto and carried unanimously. Resolution No. 7455-05*

24) Alderman Berg moved approval of an emergency repair to the sanitary sewer on Calhoun Road under the I-94 freeway. The motion was seconded by Alderman Blackburn and carried unanimously.

25) Legislative Referrals:

a. Alderman Ponto stated the Council Leadership Committee suggested changing the name of the Personnel Committee to Human Resources and Public Safety Committee.

b. Alderman Ponto requested that the County be contacted relative to the placement of control signals. They should be on Barker and North rather than Barker and Gebhardt Road.

c. Alderman Brunner stated that a draft resolution has been placed on the aldermen's desks relative to the use of the Consent Agenda and meeting times.

d. Alderman Mahkorn stated that rules should be established for compost heaps.

e. Alderman Berg recommended that there be a merger of the Sewer and Water Boards.

f. Alderman Sutton referred to the Personnel Committee, the review and possible repeal of the salary increases for aldermen and Mayor increased in 2001/2003.

g. Alderman Kilkenny requested a review of the use of condemnation through eminent domain with the end result to restrict its use.

26) Alderman Heinrich moved to adjourn the meeting. The motion was seconded by Alderman Ponto and carried unanimously. 8:40 p.m.

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Kristine A. Schmidt, City Clerk

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