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 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, MARCH 21, 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, Christopher Blackburn, Mark Nelson, James Garvens, Ron Balzer, Jim Heinrich, Mike Franz, Richard Brunner, Cindy Kilkenny

ALDERMEN ABSENT & EXCUSED: None

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

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

The next Common Council meeting will be April 4th beginning at 6:30 p.m., committees beginning at 6:00 p.m.

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

Alderman Tom Schellinger led the Common Council in the Pledge of Allegiance to the American Flag.

A public hearing was heard regarding the request of CBL and Associates Properties at Brookfield Square for Mitchell's Fish Market, 95 N. Moorland Road, Modified Suburban Overlay Zoning. Hearing ended at 8:10 p.m. (Minutes of the Public Hearing are separate from Council Minutes.)

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

1) Minutes from the Regular Common Council meeting of March 7, 2006.

REGULAR COMMON COUNCIL 10228 MARCH 21, 2006

2) • Plan Review Board recommendations of February 23, 2006:

a. • PRB #2: Saint Dominic Congregation, 18255 W. Capitol Dr., for approval of a conditional use permitting a revised plan and method of operation associated with the construction of a prayer garden.

b. Ordinance granting a conditional use for the purpose of constructing a prayer garden at 18255 W. Capitol Dr., St. Dominic Congregation. Ordinance No. 2050-06*

c. • PRB #3: Century Capitol Group Ltd. for approval of a preliminary survey and final certified survey map at 15640-15790 W. Capitol Drive. No new lots will be created.

d. • PRB #5: John and Mary Ruth Alberti for approval of an 8 ft. tall retaining wall at 15250 Woodbridge Road.

e. • PRB #A (Sign Request): Oak Hill Cemetery Association for a monument sign.

3) • P.C. Item #2: Thomson Corporation for approval of a special exception for the purpose of permitting a free-standing restaurant in Building "H" at Century Centre, 15040 W. Greenfield Ave., including approval of a revised plan and method of operation permitting facade alterations to Building "H".

4) Ordinance granting a special exception for the purpose of permitting a free-standing restaurant at 15040 W. Greenfield Avenue (Panera Bread). Ordinance No. 2051-06*

5) • P.C. Item #4: Re-approve a Certified Survey Map for Georgetown Square, a residential project to be constructed along Wisconsin Avenue. Previously approved Feb. 21, 2005.

6) • P.C. Item #6: Brookfield Christian Reformed Church for approval to schedule a conditional use public hearing permitting a revised plan and method of operation at 14155, 14135, 14025 Burleigh Road and 3085, 3055 N. Lilly Road allowing consolidation of said parcels via Certified Survey Map and construction of a 24,150 sq. ft. church addition with 148 stall parking lot addition.

7) • P.C. Item #8: Italeb LLC (Eddie Z's Blinds and Drapery) for review of a new plan and method of operation for 14640 W. Capitol Drive; and a request by Italeb LLC to schedule a public hearing to amend the "MSO" Modified Suburban Overlay District requirements for zoning issue area E.C.5.1.01 and amend the adopted land uses in the Lilly Road and Capitol Drive Neighborhood Plan, and approval of the Preliminary Survey Map and Certified Survey Map for 14640 W. Capitol Drive.

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

9) Request of the Wastewater Utility to purchase ferrous/ferric chloride from Kemiron Companies, Inc. for $53,000.

10) Resolution approving amendments to the 2006 capital improvement budgets requested by the Director of Finance. Resolution No. 7535-06*

11) Resolution approving 2006 general fund budget amendment requested by the Director of Finance: appropriate additional sundry revenue of $24,000 to account 101-000-445, and transfer $115,000 from Contingency account 101-910-590 to City Hall capital outlay account 101-302-601 ($80,000) and Parks and Recreation capital outlay account 101-701-020-654 ($35,000) for purposes of funding City Hall and Wirth Aquatic Center projects. Resolution No. 7536-06*

12) Resolution approving 2006 vehicle replacement fund budget amendment requested by the Director of Finance: increase police vehicles expenditure account 205-950-622 by $43,500 for purposes of squad car light bar replacement. Resolution No. 7537-06*

13) Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $2,690,000: street improvements. Initial Resolution No. 7538-06*

14) Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $3,625,000: water utility improvements. Initial Resolution No. 7539-06*

15) Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $255,000: park improvements. Initial Resolution No. 7540-06*

16) Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $295,000: safety building improvements. Initial Resolution No. 7541-06*

17) Resolution approving Financial Advisory Agreement with RBC Capital Markets with respect to 2006 general obligation corporate purpose bonds to be issued to fund the City's capital improvement program. Resolution No. 7542-06*

18) Resolution approving the 2006-2007 Labor Agreement between the City of Brookfield and the Brookfield Professional Police Association (WPPA). Resolution No. 7543-06*

19) Resolution approving the 2008-2009 Labor Agreement between the City of Brookfield and the Brookfield Professional Police Association (WPPA). Resolution No. 7544-06*

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

21) Change of Agent at Pick 'N Save #6368, 17295 W. Capitol Dr.; Johnnie Dinkins – Agent.

22) Original Class B Combination Beer and Liquor License: (new owner) HST Lessee SLT LLC; d/b/a Sheraton, 375 S. Moorland Rd.; Kenneth Peduzzi – Agent.

23) Resolution awarding the bid for the 2006 Road Resurfacing Project No. R-06-01 to Payne and Dolan, Inc. for $1,986,510. Resolution No. 7545-06*

24) Resolution awarding the bid for the 2006 Curb and Gutter and Inlet Repair Project No. R-06-02 to Capitol Pavers, Inc. for $230,400. Resolution No. 7546-06*

25) Resolution awarding the bid for the 2006 Epoxy Pavement Marking Project No. R-06-03 to Brickline, Inc. for $64,300. Resolution No. 7547-06*

26) Final Resolution levying special assessments at 12755 Center St., Ronald and Adrian Rodrigues, BRC 1060-100, $2,433.20. Final Resolution No. 7548-06*

27) Preliminary Resolution declaring intent to exercise special assessment powers under Section 66.0703, Wis. Stats.: Patricia Lane, Oak Park Row & Valley Ridge Drive Watermain Project #W-06-01. Preliminary Resolution No. 7549-06*

28) Resolution awarding the bid for the Sanitary Sewer Cleaning and TV Inspection Project #SA-06-01 to Visu-Sewer Clean & Seal, Inc. for $56,500. Resolution No. 7550-06*

29) Approval for the April 4th Common Council meeting to begin at 6:30 p.m.

30) No items were removed from the Consent Agenda.

31) Alderman Mahkorn moved approval of the request of McDonald's Corporation, owner, c/o Haag Müller, Inc., 101 E. Grand Ave., Port Washington, WI 53074, Mike Müller, A.I.A., for approval to schedule new public hearings amending the Special Characteristics column of Zoning Issue Area A3 of MSO Ordinance No. 1778 amended by MSO Ordinance No. 2029-05 permitting phased implementation of traffic management measures, reducing building offsets, pavement setback reductions, increasing the permitted lot coverage and approving a conditional use that would permit a two phased replacement of the existing fast food restaurant with drive-thru at 300 N. Moorland Road with a 5,351 sq. ft. fast food restaurant with drive-thru and seasonal outdoor seating (includes fence). The motion was seconded by Alderman Franz and carried unanimously.

32) Alderman Mahkorn moved to table Item #7 from the Plan Commission minutes, the request of McDonald's Corporation for approval to amend the Special Characteristics column of Zoning Issue Area A3 of MSO Ordinance No. 1778 amended by MSO Ordinance No. 2029-05 permitting phased implementation of traffic management measures, reduced building offsets, pavement setback reductions, increased permitted lot coverage and approve a conditional use ordinance that would permit a two-phased, new plan and method of operation replacing the existing fast food restaurant with drive-thru at 300 N. Moorland Road with a 5,351 sq. ft. fast food restaurant with drive-thru and seasonal outdoor seating. The motion was seconded by Alderman Berg and carried unanimously.

33) Alderman Mahkorn moved to table the Ordinance revising the Modified Suburban Overlay matrices contained in Ordinance #1778, for the property located at 300 N. Moorland Road (McDonald's). The motion was seconded by Alderman Heinrich and carried unanimously.

34) Legislative Referrals: Alderman Blackburn referred to the Board of Public Works a review relative to posting speed limit signs on Wisconsin Avenue.

35) Alderman Kilkenny moved to adjourn the meeting. The motion was seconded by Alderman

Owen and carried unanimously. 8:15 p.m.

___________________________________

Kristine A. Schmidt, City Clerk

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