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 COMMON COUNCIL MEETING OF THE 26^TH COMMON COUNCIL, HELD AT 7:00 P.M., TUESDAY, JANUARY 17, 2006, 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, Cindy Kilkenny, Mark Nelson, James Garvens, Ron Balzer, Richard Brunner, Jim Heinrich

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Vince Moschella, Director of Administration Dean Marquardt, Deputy City Clerk Renee Tadych, Director of Community Development Dan Ertl, Director of Public Works Tom Grisa, Director of Finance Robert Scott, Planning Administrator Mike Theis

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

The next Common Council meeting will be February 7, 2006.

Two people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the widening of South Calhoun Road from Greenfield Avenue to Bluemound Road.

Alderman Mark Nelson led the Common Council in the Pledge of Allegiance to the American Flag.

A public hearing was heard regarding the proposed Planned Development District #12 located at 4065 N. Calhoun Road for purposes of constructing "Fairview Centre" (see separate minutes).

Aldermen Heinrich moved approval of the items on the Consent Agenda, except for items #3, #4, and #15. The motion was seconded by Alderman Ponto and carried unanimously. Recorded as a roll call.

1) Minutes from the Regular Common Council meeting of January 3, 2006.

2) • P.C. Item #1: Plan Review Board recommendations of December 12, 2005, meeting –

a. PRB #1: Richard and Patricia Prudlow, 19595 Chaparral Dr., for approval of a Preliminary Survey Map and Final Certified Survey Map creating two single family lots out of one existing single family lot. One new lot will be created.

b. PRB #2: Mary Linsmeier Schools, Inc. for approval to schedule a conditional use public hearing for 2930-50 N. Brookfield Road, 18775 and 18735 Pleasant Street permitting a revised plan and method of operation associated with occupancy of said address by Mary Linsmeier School.

c. PRB #3: St. Dominic Congregation, 18255 W. Capitol Dr., for approval to schedule a conditional use public hearing permitting a revised plan and method of operation associated with the construction of a prayer garden.

d. PRB #A: Eagles Nest Church, 14485 W. Hampton Rd., Monument Sign.

e. PRB #B: MLG Management LLC, 13400 Bishops Ln., Free Standing Sign.

f. PRB #C1: The Brookfield Marketplace, 15170 W. Greenfield Ave., Master Sign Program.

g. PRB #C2: The Brookfield Marketplace, 15170 W. Greenfield Ave., Main Identification Sign.

3) Removed from the Consent Agenda.

4) Removed from the Consent Agenda.

5) • P.C. Item #4: Stone Creek Development, LLC, for approval to schedule a public hearing to rezone 18415 Hoffman Avenue to MSO-RC Modified Suburban Overlay-Residential Cluster to permit a new plan and method of operation consisting of two, four unit residential buildings and a 2,155 sq. ft. addition to an existing building resulting in 10 dwelling units.

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

7) Ordinance repealing and recreating Chapter 15.04.780 of the Municipal Code, changing the fees in the schedule of permit fees for the Building Code. Ordinance No. 2037-05*

8) Ordinance repealing and recreating Chapter 15.12.060 of the Municipal Code, changing the fees in the schedule of permit fees for the Plumbing Code. Ordinance No. 2038-05*

9) Ordinance repealing and recreating Chapter 15.08.240 of the Municipal Code, changing the fees in the schedule of permit fees for the Electrical Code. Ordinance No. 2039-05*

10) Ordinance repealing and recreating Chapter 8.08.190 of the Municipal Code, changing the fees in the schedule of permit fees relating to Fire Protection and Life Safety. Ordinance No. 2040-05*

11) Ordinance repealing and recreating Chapter 8.16.090 of the Municipal Code, changing the fees in the schedule of permit fees for Fire Prevention Inspection. Ordinance No. 2041-05*

12) Request to deny claim of Roberta Fries.

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

14) Temporary Class B Beer and Wine License to St. Luke's Congregation, 18000 W. Greenfield Ave., February 4, 2006, from 5:00 p.m. to 12:00 a.m. for their auction.

15) Removed from the Consent Agenda.

16) Resolution approving the Extension of the Lease Agreement between the City of Brookfield and Elmbrook Historical Society. Resolution No. 7514-05*

17) Proclamation approving February 2006 as "American Heart Month" and Friday, February 3, 2006, as "Wear Red for Women Day".

18) Items removed from the Consent Agenda –

3) • P.C. Item #2a: Request of Developers Diversified Realty, David Budget, Development Manager, 3300 Enterprise Pkwy., Beachwood, OH, 44122, for approval of a new plan and method of operation for a retail building at 12455 W. Capitol Drive and approval of a Preliminary Survey Map and Certified Survey Map for 12455-12575 W. Capitol Drive, Brookfield, WI 53005. No new lots will be created.

The Plan Commission recommended to approve the multiple tenant retail building, Preliminary Survey Map and Certified Survey Map subject to the conditions listed in the minutes and, (1) Longer returns on the crane bay with a detailed drawing for Plan Commission review (for info only) at a future date; (2) Installation of the bike path at the time of building construction (planned for summer 2006); design of the tower should not be rushed to accommodate the path; (3) Relocation of the transformer further south so it is not next to the tower; (4) The light colored brick bands will be soldier courses; and (5) The developer will give a larger easement to the City for the tower (an easement already exists).

Alderman Mahkorn moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Nelson.

Alderman Sutton moved to remand back to the Plan Commission. The motion was seconded by Alderman Berg and carried Ayes 8, Nays 6 with Aldermen Brunner, Owen, Garvens, Ponto, Nelson, and Heinrich voting nay.

4) The next item was P.C. Item #2b, the request of Developers Diversified Realty, David Budge, Development Manager, 3300 Enterprise Pkwy., Beachwood, OH 44122, and the City of Brookfield, 2000 N. Calhoun Rd., Brookfield, WI 53005, to schedule a public hearing for a Planned Development District – General Plan (Commercial) (limited to lands needed for a sign tower) and to authorize the use of Plan Commission funds for an independent peer review of a new gateway tower design that would include a new City entrance sign at 12455 W. Capitol Dr., Brookfield, WI, 53005.

The Plan Commission recommended to (1) authorize the use of Plan Commission funds (not to exceed $7,000) to hire a consultant to design the tower; (2) Direct staff to coordinate with the consultant the preparation and presentation of concepts to the Plan Commission for design review; (3) Advocate funding for the construction of the tower in a future City budget; and (4) Deny the request to schedule a public hearing for a "PDD" Planned Development District – General Plan (Commercial) but directs staff to coordinate a future public hearing process when the tower design is nearing completion.

Alderman Mahkorn moved to table. The motion was seconded by Alderman Owen and carried unanimously.

15) Alderman Mahkorn moved approval of the Guidelines for Televising Candidate Debates and Forums. The motion was seconded by Alderman Sutton.

Alderman Berg moved to amend at the end of paragraph (6) the following, "Any video recording shall be made a part of the City's public records and retained according to the City's record retention policy." The motion was seconded by Alderman Owen and carried unanimously.

Alderman Mahkorn moved to amend paragraph (6) (shown in italics) as follows: "At least two candidates for a position must agree to a televised debate. No certified candidate for a position may be denied an opportunity to participate in a debate." The motion was seconded by Alderman Sutton and carried unanimously.

The policy as amended carried unanimously.

19) • P.C. Item #5 from the January 9, 2006 meeting: Remanded request of the Common Council to revisit, revise, and/or approve the Village Area Neighborhood Plan, with consideration given to the written questions and comments submitted by the Aldermen to the Dept. of Community Development by January 2, 2006.

The Plan Commission recommended re-approving the plan and recommending that the Common Council adopt a Resolution, subject to the aforementioned staff report and items identified by the Plan Commission at its November 21, 2005, meeting.

Alderman Mahkorn moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Owen and carried Ayes 11, Nays 3 with Aldermen Kilkenny, Blackburn and Garvens voting nay.

20) Alderman Mahkorn moved approval of the Resolution adopting the Village Area Neighborhood Plan document as an element of the Brookfield Year 2020 Master Plan as recommended by the Plan Commission on January 9, 2006. The motion was seconded by Alderman Owen and carried Ayes 12, Nays 2 with Aldermen Kilkenny and Blackburn voting nay. Resolution No. 7515-05*

21) Alderman Heinrich moved approval of the refined design cross section dated January 6, 2006, as the typical cross section for Calhoun Road from I-94 to Bluemound Road and further directed staff to minimize the auxiliary lane on the east side of Calhoun Road as much as possible while still meeting federal design standards, as recommended by the Board of Public Works at its meeting on January 10, 2006. The motion was seconded by Alderman Franz.

Alderman Kilkenny moved to remand back to the Board of Public Works. The motion was seconded by Alderman Sutton.

Alderman Ponto moved to suspend the rules so that the motion to remand could be discussed. The motion was seconded by Alderman Heinrich. A roll call vote was taken and carried Ayes 10, Nays 4 with Aldermen Sutton, Brunner, Kilkenny and Blackburn voting nay. (Requires 2/3 vote to pass)

After discussion, Alderman Kilkenny withdrew the motion to remand back to Plan Commission. Alderman Sutton agreed.

Alderman Ponto moved to table until the February 7, 2006, Common Council meeting. The motion was seconded by Alderman Garvens and carried unanimously.

22) Legislative Referrals:

a. Alderman Berg referred to the Sewer & Water Board the option of allowing metered residential customers to install a deduct meter.

b. Alderman Owen referred to the Legislative & Licensing Committee and/or Plan Commission to review Section 15.16.090 of the Municipal Code "Prohibiting lighting, movement and signs" (C.7) which prohibits the use of Sandwich Boards.

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

Nelson and carried unanimously. 10:25 p.m.

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Renee J. Tadych, Deputy City Clerk

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