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, NOVEMBER 15, 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, Director of Finance Robert Scott, Police Chief Dan Tushaus, Director of Information Technology Kevin Beck, Fire Chief John Dahms, Economic Development Coordinator Pat Drinan, Director of Library Services Edell Schaefer, Director of Parks & Recreation Bill Kolstad, Deputy Finance Director Therese Hrica

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

The next Common Council meeting will be December 6, 2005.

One person spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the progress on Executive Drive.

Alderman Dan Sutton led the Common Council in the Pledge of Allegiance to the American Flag.

A public hearing was heard previously regarding the City of Brookfield 2006 Budget. (See separate minutes for the hearing.)

Aldermen Heinrich moved approval of the items on the Consent Agenda, except for Items #6 and #10. The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call.

1) Minutes from the Regular Common Council meeting of November 1, 2005.

2) • P.C. Item #1: Plan Review Board actions from October 20, 2005, meeting:

a. PRB #1: Double Tree Hotel, 18155 W. Bluemound Rd., monument sign.

3) • P.C. Item #2: Request of Outback Steakhouse, Inc., for approval of a change of use permitting two restaurant tenants, Carrabbas and Cheeseburger in Paradise, at 18365 W. Bluemound Road, the former Chi Chi's, and revised plan and method of operation permitting facade and site alterations.

4) • P.C. Item #4: Establish permanent zoning on lands annexed to the City from the Town of Brookfield via Ord. #1981-04 and detached to the City from the Village of Menomonee Falls via Ord. #2007-05.

5) Ordinance establishing permanent zoning on lands annexed by Ord. #1981-04 and the accepted detachment from the Village of Menomonee Falls by Ord. #2007-05. Ordinance No. 2028-05*

6) Removed from the Consent Agenda.

7) • P.C. Item #8: Request of Mohns, Inc. for re-approval of a new plan and method of operation, preliminary and final certified survey map and development agreement permitting construction of a 10-unit condominium project at 21915 and 21975 W. North Avenue, called Fox Hollow Condominiums.

8) • P.C. Item #9: Request of Thomson Corp. for approval to schedule a special exception public hearing for the purpose of permitting a freestanding restaurant at 15040 W. Greenfield Avenue, called Panera Bread at Century Centre.

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

10) Removed from the Consent Agenda.

11) Resolution approving an agreement between the City of Brookfield and the Brookfield Professional Firefighters Association, Local 2051, I.A.F.F., regarding the terms of a successor labor contract effective January 1, 2006, through December 31, 2008. Resolution No. 7501-05*

12) Ten Original Bartender Licenses and denial of one license (see Legislative & Licensing agenda for names).

13) Resolution approving the Underground Distribution Easement between Wisconsin Electric Power Company, d/b/a We Energies, and the City of Brookfield at Outlot 1, Block 4 of Weston Hills Addition #4. Resolution No. 7502-05*

14) Mayor's Reappointments:

a. Gordon Rozmus – Four year term expiring November 20, 2009, to the Community Development Authority.

b. Charlene Dwyer – Five year term expiring December 31, 2009, to the Parks & Recreation Commission.

c. Michael Davis – Five year term expiring December 31, 2009, to the Parks & Recreation Commission.

15) Items removed from the Consent Agenda --

The next item was #6, or Plan Commission Item #7, the request of Elmbrook Memorial Hospital, 19333 W. North Ave., Kimrey A. Johnsrud, President, for approval of a revised plan and method of operation permitting site grading, stormwater management and landscaping alterations at said address.

The Plan Commission recommended to approve the portion of the revised plan and method of operation pertaining to walking path location and site grading and also to approve that portion of the revised landscape plan depicting the linear screening of the vacated temporary parking lot with additional planting on the south property line per the plan presented this evening. The applicant is instructed to distribute new trees across the green space area per a plan coordinated with abutting neighbors and approved by City staff and to refrain from replacing any dead trees in the original landscape screen along the boundaries of the vacated temporary parking lot.

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

Alderman Brunner moved to table. Motion died for a lack of a second.

The vote on the motion carried Ayes 12, Nays 2 with Aldermen Brunner and Heinrich voting nay.

Alderman Garvens moved approval of Item #10, the Resolution approving 2005 budget amendment requested by the Director of Administration: appropriate $8,000 (amount changed from $15,000 in committee) to cable television expenditure account #205-215-579-513, for purposes of purchasing equipment to enhance broadcasts of City meetings. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7500-05*

This allowed the purchase of more and better microphones to improve the sound for video recording.  A proposal to purchase a large flat panel monitor was rejected in committee, mostly on Ald. Berg's insistence.

16) • P.C. Item #3: Request of Donald R. Krause, owner, c/o Commonwealth Partners, Ltd., 11501 W. North Ave., Wauwatosa, WI 53226, William A. Patch, representative, for approval of a revised Planned Development District – General Plan and to schedule a new 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 all in association with Fairview Centre, a PDD development consisting of 36 multiple-family dwelling units and a 38,345 sq. ft. commercial building.

The Plan Commission recommended approval of the revised "PDD" General Plan (mixed use) packet dated October 28, 2005, and authorize scheduling 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 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 Plan Commission recommendation. The motion was seconded by Alderman Owen.

Alderman Mahkorn moved to amend the motion to hold the public hearing on January 17, 2006. The motion to amend was seconded by Alderman Berg and carried unanimously.

The motion as amended carried ayes 13 and nay 1 with Alderman Heinrich voting nay.

17) • P.C. Item #5: Request of Roger and Carla Breunig, owners, c/o Eppstein Uhen Architects, 333 E. Chicago St., Milwaukee, WI 53202, Thomas S. Stacey, A.I.A. Senior Project Manager, for approval of text amendments to the Special Characteristics column of Zoning Issue Area A6 of MSO Ordinance No. 1778 reducing building offsets and increasing lot coverage on Area A6 and approve a conditional use ordinance and development agreement that would permit a new plan and method of operation replacing an 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.

The Plan Commission recommended approval of the requested modifications to the "Special Characteristics" column in Ordinance No. 1778, approve the conditional use, approve the development agreement and permit the new plan and method of operation subject to the above listed conditions.

Alderman Mahkorn moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Brunner.

Alderman Schellinger moved to amend the Development Agreement to extend the water main 60 feet up Bluemound Road rather than loop around as proposed. The motion to amend was seconded by Alderman Owen and failed Ayes 1, Nays 13 with Alderman Schellinger voting aye.

The original motion carried unanimously.

18) Alderman Mahkorn moved adoption of the Ordinance adopting a conditional use and revising the Modified Suburban Overlay Matrices contained in Ordinance No. 1778, for the property located at 15565 W. Bluemound Road (Roger and Carla Breunig, owners/BP Amoco). The motion was seconded by Alderman Berg. A roll call vote was taken carried unanimously. Ordinance No. 2029-05*

19) • P.C. Item #6: Request of Continental Properties, Inc., c/o Michael J. Fox, and Integrity Development Partners, LLC, c/o William Stoops, for approval of an amendment to a component of the PDD Specific Plan for "Fountain Square" located at 15990 W. Bluemound Road to permit an office use where a restaurant use was previously approved. In addition, the request includes approval of an escrow agreement that would be deposited to insure the completion of a finished east wall of a retail building that would be attached to the subject office use. The wall would be finished if the office building is not constructed and occupied by June 15, 2006.

The Plan Commission recommended approval of the revised Specific Plan for the southeastern corner site of Fountain Square subject to removing any reference to spandrel glass and working out extended interior lighting with staff.

Alderman Mahkorn moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Owen and carried Ayes 12, Nays 2 with Aldermen Sutton and Kilkenny voting nay.

Alderman Garvens moved adoption of Item #20, the Ordinance appropriating the necessary funds and adopting the budgets for the operation of the government and administration of the City of Brookfield for the year 2006; Item #21, the Ordinance levying property taxes for the General, Wastewater Utility, Special Revenue and Debt Service Funds of the City of Brookfield for the year 2006; and Item #22, the Ordinance approving the authorized positions for departments of the City of Brookfield for the year 2006. The motion was seconded by Alderman Heinrich. A roll call vote was taken on each ordinance and carried unanimously.

#20 - Ordinance No. 2030-05*

#21 - Ordinance No. 2031-05*

#22 - Ordinance No. 2032-05*

23) Alderman Ponto moved approval of the Ordinance establishing the salaries for non-union administrative personnel of the City of Brookfield for the calendar year 2006 and elected officials through the calendar year 2010 pursuant to Section 2.14 of the Municipal Code. The motion was seconded by Alderman Owen.

Alderman Berg moved to amend the Ordinance by deleting Section III, Salary Grades 200, 201 and 202, and bring Section III back at a future meeting. The motion was seconded by Alderman Mahkorn. A paper ballot vote was taken and carried Ayes 10, Nays 4 with Aldermen Brunner, Owen, Balzer and Ponto voting nay.

And so the Great Debate on elected officials salary started.

The motion as amended carried unanimously. Ordinance No. 2033-05*

24) The Common Council Christmas gathering will be planned for December 20, 2005.

25) Alderman Brunner moved to cancel the Common Council meeting on January 3, 2006. The motion was seconded by Alderman Mahkorn and carried unanimously.

26) Legislative Referrals:

a. Alderman Ponto referred to the Plan Commission the possibility of the levying of a fine when work is begun prior to obtaining approval from the appropriate body.

b. Alderman Kilkenny referred to the Board of Public Works the possibility of erecting Library directional signs.

c. Alderman Berg requested the exploration of wireless internet service throughout the community.

d. Alderman Franz referred from the Parks & Recreation Commission to the Legislative & Licensing Committee an amendment to Section 12.24.020(c)(1) Managed Wild Animal Control Program relative to geese.

27) Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman

Mahkorn and carried unanimously. 10:45 p.m.

___________________________________

Kristine A. Schmidt, City Clerk

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