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 6, 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, Mark Nelson, James Garvens, Ron Balzer, Richard Brunner

ALDERMEN ABSENT & EXCUSED: Mike Franz

ALSO PRESENT: City Attorney Vince Moschella, Director of Administration Dean Marquardt, City Clerk Kris Schmidt, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Fire Chief John Dahms, Planning Administrator Michael Theis

Mayor Jeff Speaker called the Common Council to order at approximately 8:12 p.m.

The next Common Council meeting will be September 20, 2005.

Two people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding eminent domain.

The Sharon Lynne Wilson Center for the Arts 2004-05 Annual Report was presented by Dennis Buehler, Executive Director. Mr. Buehler informed the Council on the progress The Sharon Lynne Wilson Center for the Arts had achieved in the last year. (The Annual Report can be viewed in the City Clerk's Office.)

2) Brookfield News reporter Eric Martin led the Common Council in the Pledge of Allegiance to the American Flag.

This meeting Eric's last since he was starting a job at another newspaper.

A public hearing was heard regarding Fairview Centre for a Planned Development District – General Plan (Mixed Use) zoning designation for lands located at 4065 N. Calhoun Road. 8:12 p.m. -10:00 p.m.

Aldermen Heinrich moved approval of the items on the Consent Agenda, except for item #15. The motion was seconded by Alderman Blackburn and carried unanimously. Recorded as a roll call.

3) Minutes from the Regular Common Council meeting of August 16, 2005.

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

5) Resolution awarding the contract for auditing services for the City's 2005-09 financial statements to Virchow Krause & Company LLP. Resolution No. 7469-05*

6) Resolution approving lease agreements with Verizon Wireless Personal Communications LP for the use of City-owned land and facilities for wireless communications facilities at the Water Pollution Control Center and Mound Zion Cemetery sites. Resolution No. 7470-05*

7) Resolution amending 2005 general fund budget requested by the Director of Finance: transfer $100,081 from contingency fund 101-910-590 to various department accounts, for purposes of funding gasoline and diesel costs in excess of budgeted amounts. Resolution No. 7471-05*

8) Resolution amending 2005 fleet services internal service fund requested by the Director of Finance: adjust interdepartmental revenues and related fuel expenses to reflect department fuel charges in excess of budgeted amounts. Resolution No. 7472-05*

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

10) No action was taken on the Original Class B Combination Beer and Alcohol License: G2W Inc., d/b/a Mad Dogs, 19035 W. Capitol Drive #100, Nisha Weyker – Agent.

11) Change of Agent for Pick 'N Save #6368, 17295 W. Capitol Dr., Jay Gehrig – new Agent.

12) Temporary Class B Beer License: The Brookfield Junior Woman's Club for the Big Chili Round-Up, October 2, 2005, from 3:30 – 6:30 p.m., at Mitchell Park.

13) Temporary Class B Beer and Wine License: St. Luke Congregation, for the Fall Festival, September 30, 3 p.m. to 12 a.m.; October 1, 3 p.m. to 11 p.m., at 18000 W. Greenfield Avenue.

14) Temporary Class B Beer and Wine License: St. Luke Congregation, for Showtime, October 21 thru November 5, 2005, serving from 5 p.m. to 11:30 p.m. every day, plus 12:00 p.m. to 11:30 p.m. on November 5, at 18000 W. Greenfield Avenue.

15) Removed from the Consent Agenda.

Alderman Heinrich moved approval of Item 15a - Mayor's Appointment: Elyce Moschella to the Library Board to fulfill the unexpired term of a member who resigned expiring July 1, 2007; and Item 15b - Mayor's Reappointment: Margaret Courtright to the Library Board. A three year term beginning July 1 2004 and expiring July 1, 2007. The motion was seconded by Alderman Brunner and carried unanimously.

17) Alderman Brunner moved approval of the Resolution allowing two City firefighters to respond to the disaster caused by Hurricane Katrina. The motion was seconded by Alderman Berg.

Alderman Ponto moved to amend paragraph 2 to read, "The Fire Chief is authorized to incur, over and above the Department's regular overtime budget, an amount not to exceed $5,000 in overtime costs to staff the shifts that would have been worked by these volunteers." The motion was seconded by Alderman Kilkenny and carried Ayes 12 with Alderman Brunner abstaining.

The motion as amended carried Ayes 12 with Alderman Brunner abstaining. Resolution No. 7473-05

18) Alderman Kilkenny moved to remove from the table of the Legislative and licensing Committee a resolution limiting the effect of the Kelo decision (eminent domain, requires majority vote). The motion was seconded by Alderman Blackburn.

Alderman Berg moved to use paper ballots to vote. The motion was seconded by Alderman Mahkorn. City Attorney Moschella indicated the paper ballots were not secret. The City Clerk read the votes from the paper ballots and the motion failed Ayes 1, Nays 12, with Alderman Kilkenny voting Aye.

Ald. Berg requested paper ballots so that no one could tell how someone else was voting.  This 1-12 decision was made using individual judgment, not "follow the leader" as some claimed.

19) Legislative Referrals:

a. Alderman Kilkenny referred to the Legislative & Licensing Committee that the term of
Aldermen be reduced to two years.

b. Alderman Kilkenny asked that the Community Development Authority meetings be televised.

c. Alderman Mahkorn asked that the sign ordinance relative to political and temporary signs be reexamined in light of recent court cases relative to content neutral language.

d. Alderman Mahkorn referred to Legislative & Licensing Committee a change in name for the National Board of Underwriters to Insurance Services Office (ISO).

e. Alderman Nelson referred to the Plan Commission statutory changes to the Board of Appeals.

20) Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Brunner and carried unanimously. 10:53 p.m.

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Kristine A. Schmidt, City Clerk

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