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, OCTOBER 4, 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, Mike Franz, Christopher Blackburn, Jim Heinrich, Cindy Kilkenny, Mark Nelson, James Garvens, Ron Balzer, Richard Brunner

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Vince Moschella, Director of Administration Dean Marquardt, City Clerk Kris Schmidt, Director of Community Development Dan Ertl, Director of Public Works Tom Grisa, 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 October 18, 2005. It is anticipated that the consultant will make a presentation on the City/Town study.

No one spoke from the audience during the 15 minute segment set aside for citizens to address the Council.

2) Alderman Jim Heinrich led the Common Council in the Pledge of Allegiance to the American Flag.

Aldermen Kilkenny moved approval of the items on the Consent Agenda, except for item #4. The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call.

3) Minutes from the Regular Common Council meeting of September 20, 2005.

4) Removed from the Consent Agenda.

5) • P.C. Item #2: Request of Roger and Carla Bruenig for approval to schedule public hearings amending the Special Characteristics column of Zoning Issue Area A6 of MSO Ord. #1778 reducing building offsets and increasing lot coverage on Area A6 and approving a conditional use that would permit replacement of the existing gas/service station at 15565 W. Bluemound Road with a 7,611 sq. ft. retail/convenience store with gasoline sales and a 1,200 sq. ft. two-bay car wash.

6) Three Original Bartender Licenses and one tabled license in Committee (see Legislative & Licensing agenda for names).

7) No action was taken on the Original Class B Combination Beer and Alcohol License for G2W Inc., d/b/a Mad Dogs, 19035 W. Capitol Drive #100, Nisha Weyker – Agent, as it was tabled in committee.

8) Temporary Class B Beer License: Immanuel Lutheran Church, 13445 Hampton Rd., for the SOS Center Fall Fundraiser; October 15 from 6:00 to 10:00 p.m.

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

10) Resolution adopting the Cable Channel Policy for broadcast media. Resolution No. 7486-05*

11) Items removed from the Consent Agenda.

Alderman Mahkorn moved approval of Item #4, Plan Commission Item #1: Plan Review Board item #6 from the August 18, 2005 meeting regarding the request of Abraham and Poonam Varghese, 19095 Edmonton Drive, Brookfield, WI 53045 for approval of an 11 ft. total retaining wall at 19095 Edmonton Drive. The motion was seconded by Alderman Owen and carried Ayes 12, Nays 2 with Aldermen Berg and Heinrich voting nay.

This retaining wall was highly questionable in a residential neighborhood.  It appeared to be a case of "playing chicken" with the city inspection department.

12) Alderman Mahkorn moved adoption of the Ordinance amending Sections 15.16.030 and 15.16.280 of the Municipal Code regarding Political Signs. The motion was seconded by Alderman Kilkenny. A roll call vote was taken and carried unanimously. Ordinance No. 2022-05*

13) Alderman Mahkorn moved adoption of the Ordinance amending the Municipal Code by changing references from "National Board of Underwriters" to "Insurance Services Office". The motion was seconded by Alderman Franz. A roll call vote was taken and carried unanimously. Ordinance No. 2023-05*

14) Alderman Mahkorn moved adoption of the Ordinance amending the Municipal Code to combine the Sewer Board and Water Utility Commission into the Water & Sewer Board. The motion was seconded by Alderman Sutton. A roll call vote was taken and carried unanimously. Ordinance No. 2024-05*

This change was prompted by a referral by Ald. Berg.  Combining the two committees recognizes a de facto union, eliminates some paperwork duplication, and replaces the Mayor with an alderman on the board.

Alderman Ponto moved to reconsider the Consent Agenda. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Ponto moved to remove Item #10 from the Consent Agenda and approve the remaining items. The motion was seconded by Alderman Sutton and carried unanimously. (See above for the Consent Agenda items that were approved.)

Alderman Ponto moved approval of Item #10, the Resolution adopting the Cable Channel Policy for broadcast media. The motion was seconded by Alderman Schellinger.

Alderman Ponto moved to amend the Resolution, paragraph (6), to read, "Debates and forums between candidates for a City of Brookfield elective position or for a Waukesha County elective position representing any portion of the City of Brookfield are permitted to be broadcast on the Government Cable Channel, so long as the candidates have an agreed upon format. All costs related to the production and broadcasting shall be the sole responsibility of the candidates." The motion was seconded by Alderman Berg and carried unanimously.

The resolution as amended carried unanimously. Resolution No. 7486-05*

The original city policy had not allowed candidates for County Board Supervisor or County Executive to broadcast on the city's TV station.  The change made here expands access to residents for watching debates of elected officials.

Oddly, Ald. Kilkenny insisted this be sent back to committee for some very vaguely stated reasons.  That would have delayed the policy change until after the County Executive Special Election, reducing the public's access to debates.  When Ald. Berg pointed out this stifling of public presentation of candidates debates, Ald. Kilkenny dropped her objections.

15) Legislative Referrals:

a) Alderman Ponto requested that the Human Resources & Public Safety Committee review the Emergency Preparedness of the City of Brookfield.

b) Alderman Sutton requested that the Legislative & Licensing Committee review the Resolution regarding the broadcast of debates and forums between candidates for fine tuning.

This referral was in direct response to Ald. Kilkenny's earlier objections to the policy revisions.

16) Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Brunner and carried unanimously. 8:45 p.m.

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Kristine A. Schmidt, City Clerk

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