CALL TO ORDER / PRESENTATION

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1 11q OFFICIAL NOTICE AND AGENDA Notice is hereby given that the 33 rd Common Council of the City of Brookfield, Wisconsin will hold a regular meeting on the date, time and location shown below. Notice posted: 2:00 pm. Regular Meeting of the: Date/Time: Meeting Location: Council Members: COMMON COUNCIL OF THE CITY OF BROOKFIELD Tuesday, September 18, 7:45 pm City Hall, 2000 N. Calhoun Road, Brookfield WI 53005, Council Chambers Daniel Sutton, Bill Carnell, Bob Reddin, Rick Owen, Ron Balzer, Jeff McCarthy, Buck Jurken, Mark Nelson, Gary Mahkorn, Scott Berg, Christopher Blackburn, Jerry Mellone, Renee Lowerr, Brad Blumer CALL TO ORDER / PRESENTATION Public Comment: Announcement: Roll Call / Pledge: Attention Citizens: There will be a 15 minute segment in which the public will be allowed to address the Council, other than any public hearing listed below. In order to address the Council, pick up a "Sign Up" form and submit to the City Clerk prior to the meeting. Comments can be made from the floor for public hearings once recognized by the Chair. The next regularly scheduled Common Council meeting is October 2, 2018, at 7:45 pm. The Pledge of Allegiance led by Ald. Jerry Mellone will follow calling of the roll. COMMITTEE # CONSENT AGENDA Note: Prior to voting on the Consent Agenda, items may be removed at the request of any Aldermen and placed immediately following action on the Consent Agenda. The procedures to follow the Consent Agenda are: (a) removal of items from Consent Agenda; and (b) motion to approve the items from Consent Agenda. 1) Minutes of the Regular Common Council meeting of August 21, Finance 2) Vouchers exceeding $50,000 requiring immediate action. Finance 3) Resolution approving authorized broker/dealers for City of Brookfield investments (adding Oppenheimer & Co., Inc.). Finance 4) Resolution approving 2018 Water Utility budget amendment requested by the Director of Public Works: appropriate $88,000 to account to fund Imperial Estates well pump and motor replacement. Finance 5) Resolution approving extension of service agreement with Elmbrook Humane Society, Inc. for animal control and shelter and humane officer services for the calendar year Finance 6) Resolution certifying proposed library funding for purposes of exemption from Waukesha County library tax levy. Finance 7) Request of the Police Department for pre-approval of 2019 police squad car replacement purchases from Ewald Automotive Group. Human Resources & Public Safety 8) Ordinance amending Ordinance No , the 2018 Positions Ordinance, to authorize the number of certain positions of the City of Brookfield in the City Attorney s office, effective October 1, 2018.

2 Common Council Agenda September 18, 2018 Page 2 Human Resources & Public Safety Human Resources & Public Safety Human Resources & Public Safety Human Resources & Public Safety Human Resources & Public Safety 9) Ordinance amending Ordinance No , the 2018 Salary Ordinance, to modify the Assistant City Attorney title, effective October 1, ) Resolution approving a Labor Agreement between the City of Brookfield and the Brookfield Professional Firefighters Association, effective January 1, 2018, through December 31, ) Ordinance amending Ordinance No , the 2018 Positions Ordinance, to authorize the number of certain administrative positions of the City of Brookfield, effective September 10, ) Resolution awarding the contract for Dental Insurance for the City of Brookfield covering calendar year 2019 (Delta Dental Renewal). 13) Ordinance establishing the rates of pay for non-represented City of Brookfield titles effective January 1, Legislative & Licensing 14) Original Bartender licenses. (See applicants listed in Legislative & Licensing agenda) Legislative & Licensing 15) Request of Brookfield Academy to have the Homecoming/Founders Fest fireworks start time changed from 8:30 pm to 8:00 pm on Sept. 21 st (previously approved August 21). Legislative & Licensing 16) Premise description expansion for a Class B Beer & Liquor license: Saloon on Calhoun with Bacon, W. Capitol Dr., Suite C, Mocktoberfest with Bacon, Sunday, October 21, 2018, from 2:00 9:30 pm, tent on parking lot. Legislative & Licensing 17) Original Class B Beer license: GSBR Milwaukee LLC; d/b/a Game Show Battle Rooms, W. Feerick St., Agent: Gretta R. Hunt. Legislative & Licensing 18) Fireworks User Permit: Brookfield East High School, 3305 N. Lilly Rd., for the Homecoming Football Game, Friday, September 21 st, fireworks immediately after the football game. Legislative & Licensing 19) Ordinance amending and (A) and creating (A)(3) and of the Brookfield Municipal Code regarding online ordering of alcohol beverages for curbside/parking lot pickup and severability of Chapter Water & Sewer 20) Resolution awarding the contract for the 2018 Manhole and Sanitary Sewer Rehabilitation Project #SA to Visu-Sewer Inc. for $498,785. Water & Sewer 21) Resolution accepting the dedication of water distribution system with Asbjorn Moorland LLC for Moorland & Hackberry Retail development located at 880 and 920 S. Moorland Road. COMMITTEE # NON-CONSENT AGENDA 22) Act on items removed from the consent agenda as necessary. Plan Commission 23) Plan Review Board actions and recommendations from August 23, 2018: a. Community Development Department to approve maintenance of the Official Zoning Map adjusting the C Conservancy zoning district boundary at W. North Ave. b. 360 Direct and Sendiks Towne Centre, W. Capitol Dr., for a temporary use permit to conduct Talk of the Towne: Music & Art Night. c. Chad & Rita Keller, 2240 Michelle Ct., for approval of a sport court. d. Stein Garden and Home, W. Capitol Dr., for a replacement monument sign. e. Stein Garden and Home, W. Capitol Dr., for a wall sign. f. City of Brookfield, corner of N. Brookfield Road and Pleasant Street, for Village directional sign.

3 Common Council Agenda September 18, 2018 Page 3 Plan Commission 24) Request of Kevin Leitermann, P.O. Box 161, Nashotah, WI 53058, owner, for approval of the North Hills final plat and Subdivider Agreement at North Hills Drive. Plan Commission 25) Request of Marcy Real Estate LLC, 192 S. Main St., Thiensville, WI 53092, Ray Marcy, CEO, for approval of a new plan and method of operation and grant agreements in association with the construction of a 2,950 sq. ft. Fiddleheads coffee shop through relocation and rehabilitation of the historic Brookfield Junction Depot structure with building addition, also serving civic use of the building as a trailhead for Waukesha County s Fox River bike trail and its connection with the City s Greenway Corridor trail system, at the northwest corner of North Brookfield Road and North Hills Drive. Plan Commission 26) Request of Asbjorn Moorland LLC, 250 S. Executive Dr., Brookfield, WI 53005, Jon Thoresen, President, for approval of a minor revision to plan and method of operation allowing phased installation of surface parking and landscaping while maintaining functional compliance with stormwater management during occupancy of the Phase I building in association with the construction of an approximate 5,102 sq. ft. multi-tenant retail building, containing a financial institution with drive-up 24-hour automated/ interactive teller machine at 920 S. Moorland Road. Plan Commission 27) Request of ProHealth Care, 725 American Ave., Waukesha, WI 53188, John Essman, representative, for approval of change of use and minor revision to plan and method of operation at 2085 N. Calhoun Road permitting conversion of the site from medical outpatient care clinic to office and internet phone service center with patio and generator enclosure alterations. Plan Commission 28) Request to amend Chapter to permit gates in the O&LI zoning district limited to sites that have a limited industrial use, i.e. not office buildings. Plan Commission 29) Ordinance creating Section (B)(12) of the Zoning Code to permit gates in the O&LI zoning district limited to sites that have a limited industrial use, i.e. not office buildings. Plan Commission 30) Request of the Dept. of Community Development for approval to schedule a public hearing for the purpose of amending the Zoning Code to define regional shopping center and to permit up to 32 foot tall lighting poles including bases at regional shopping centers and adjacent related uses. Plan Commission 31) Request of North Central Group, Middleton, WI, c/o the Dept. of Community Development, for approval of a Development Agreement for the construction of an approximate 98,000 sq. ft. five story hotel with 168 rooms with outdoor seating to be located on a 2.5 acre site located at 115 S. Moorland Road. Public Works 32) Resolution awarding the contract for the Brookfield Conference Center Bid Package 1 to J.H. Findorff & Son Inc. for $3,126, (Recommended 4-1 with Ald. Blackburn voting no) Council as a Whole 33) Mayor s assignment of legislative referrals and requests for services. Council as a Whole Adjournment. Steven V. Ponto, Mayor Kelly Michaels, City Clerk Please note that any person who has a qualifying disability as defined by the Americans with Disabilities Act that requires the meetings or materials be in an accessible location or format, contact the City Clerk at (262) or in writing to 2000 North Calhoun Road, for accommodations. Requests for accommodations should be made at least 3 business days prior to the meeting. Every effort will be made to arrange accommodations for all meetings. Advance notice is appreciated.

4 RESOLUTION NO. by the Finance Committee BE IT RESOLVED that the following security broker/dealers and investment providers are hereby approved as authorized to provide investment services for the City of Brookfield. BMO Capital Markets BOK Financial Securities, Inc FTN Financial Invesco - AIM Local Government Investment Pool (LGIP) Oppenheimer & Co., Inc US Bank Wells Fargo Brokerage Services Passed and adopted by the Common Council this day of, 2018 APPROVED: ATTESTED: Steven V. Ponto, Mayor Kelly Michaels, City Clerk H:\Resolutions\Finance\Brokerages Res-2018 Sept Amend.Docx

5 Memo To: Finance Committee From: Robert W. Scott Director of Finance Date: August 29, 2018 Re: Security Broker/Dealer List As the Committee is aware, on an annual basis staff presents a list of broker/dealers for your approval and recommendation to the Council as per Section 5 of the Investment Policy which states: Section 5 of the Investment Policy states: The Director of Finance shall select and maintain a list of financial institutions authorized to be public depositories and/or provide investment services. In addition, a list of approved security brokers/dealers will be maintained. The Director of Finance shall qualify institutions by applying generally accepted industry standards by using available public agency and private rating services as appropriate to review the financial condition of all qualified institutions. On an annual basis, each broker/dealer or bank that has been authorized by the Director of Finance shall be required to submit its audited financial statements. On an annual basis (or more frequently if needed), the Director of Finance shall present a list of these qualified institutions to the Finance Committee for its review and recommendation to the Common Council for approval via resolution. When making an investment, staff solicits bids from multiple brokers. With the increase in investment opportunities adding an additional broker to the list will enhance the investment options for the City. Attached is a resolution amending the City s approved security broker/dealers resolution to include Oppenheimer & Co.Inc. Staff respectfully requests the Committee s approval and recommendation to the Common Council. S:\Paperless Council Packet\2018\ \Memo - Brokerages Sept Amend.Docx

6 City of Brookfield, Wisconsin RESOLUTION NO. of the Finance Committee Committee Date: September 16, 2018 Committee Action: Resolution approving 2018 budget amendment requested by the Director of Public Works: appropriate $88,000 to account , for purposes of allocating funds for the Imperial well emergency pump and motor replacement project. Public Hearing: n/a Council Date: September 16, 2018 Council Action: BE IT RESOLVED that the following Water Utility fund budget amendment for 2018 requested by the Director of Public Works, to provide funding from the Water Utility reserve funds for purposes of the emergency replacement of the pump and motor at the Imperial Woods Well, is hereby approved. Funding Source: Equipment/Facility Outlay- reserve fund balance $88,000 Increase Expenditures: Imperial Well $88,000 BE IT FURTHER RESOLVED that this resolution be published as a Class 1 notice within 10 days of adoption. Passed and adopted by the Common Council this day of, 2018 Approved: Attested: Steven V. Ponto, Mayor Kelly Michaels, City Clerk

7 Memo To: From: cc: Finance Committee Robert W. Scott, Director of Finance Mayor and Common Council Date: September 12, 2018 Re: Water utility budget amendment Imperial well pump and motor replacement As you may recall, at the August 21 Common Council meeting, the Council approved an agreement for the emergency replacement of the Imperial well pump and motor (copies of background materials attached). In order to formally allocate the funds from the water utility reserves for this project, a budget amendment is required. The accompanying resolution accomplishes the amendment and staff respectfully request the Committee s approval and positive recommendation to the Common Council. S:\Paperless Council Packet\2018\ \memo - imperial well pump and motor sept 2018.docx

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10 City of Brookfield, Wisconsin RESOLUTION NO. of the Finance Committee Committee Date: 9/18/2018 Committee Action: Resolution approving extension of service agreement with Elmbrook Humane Society, Inc. for animal control and shelter and humane officer services for the calendar year Public Hearing: n/a Council Date: Council Action: BE IT RESOLVED that an extension of the 2014 Service Agreement between the Elmbrook Humane Society and the City of Brookfield for services enumerated in the Agreement, to be effective for the period from January 1, 2019 through December 31, 2019, be approved, and the proper City officials are authorized and directed to execute the extension agreement on behalf of the City. BE IT FURTHER RESOLVED that the City agrees to pay the Elmbrook Humane Society an annual sum of $74,100 in monthly installment payments. Passed and adopted by the Common Council this day of, 2018 Approved: Attested: Steven V. Ponto, Mayor Kelly Michaels, City Clerk H:\resolutions\Finance\Elmbrook Humane Society 2019 extension.docx

11 Memo To: Finance Committee From: Robert W. Scott, Director of Finance CC: Mayor and Common Council Date: 9/12/2018 Re: Elmbrook Humane Society service agreement extension As you may recall, the City and the Elmbrook Humane Society entered into a revised services agreement for animal control and humane officer services for That agreement is renewable on an annual basis by agreement of the parties (an extension was done for 2015, 2016, 2017, and 2018) and the extension of the contract for 2019 has been requested by the Humane Society. The Police department continues to report a very good working relationship with the Humane Society. Attached is a report of activities from the Humane Society for your reference. Staff proposed that the contract amount be increased 3.1% consistent with the budget parameter established by the Finance Committee. The 2019 contract amount would increase from the 2018 budgeted amount of $71,900 to $74,100 per the terms of the extension; no other changes to the services or terms of the agreement are proposed. The City Attorney has reviewed and approved the form of the extension for the service agreement. Staff respectfully requests the Committee s approval of the extension agreement for 2019 and recommendation to the Common Council of the agreement to continue the valued services to the City provided by the Elmbrook Humane Society. S:\Paperless Council Packet\2018\ \memo - humane society contract extension for 2019.docx Page 1

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14 City of Brookfield, Wisconsin RESOLUTION NO. of the Finance Committee Committee Date: 9/18/2018 Committee Action: Resolution certifying proposed library funding for purposes of exemption from Waukesha County library tax levy. Public Hearing: N/A Council Date: Council Action: WHEREAS, pursuant to Wisconsin Statutes 43.64, in order to obtain an exemption from the 2018 Waukesha County library tax levy for 2019, the municipality must certify that during the budget year 2019, its library will be provided and be allowed to expend no less than the county rate library tax in the prior year of $ per $1,000 of equalized value; and WHEREAS, the proposed 2019 budget for the Brookfield Public Library submitted by the Library Board totals approximately $2,903,706, which would be funded by an estimated property tax levy of $2,845,006; and WHEREAS the City of Brookfield s proposed funding is well above the $ per $1,000 of equalized value required; NOW, THEREFORE, BE IT RESOLVED that the City of Brookfield pledges to appropriate and allow the library to expend no less than a rate of $ per $1,000 of equalized value for the City of Brookfield that was published by the State on August 15, AND BE IT FURTHER RESOLVED that with the passage of this resolution the City of Brookfield is therefore eligible for exemption from the Waukesha County library levy. Passed and adopted by the Common Council this day of, 2018 Approved: Attested: Steven V. Ponto, Mayor Kelly Michaels, City Clerk

15 Memo To: Finance Committee From: Robert W. Scott, Director of Finance CC: Mayor and Common Council Date: 9/10/2018 Re: County Library Levy Resolution Annually Waukesha County sets a special property tax levy for library services. Funds raised from the levy are distributed to communities to compensate them for items by nonresidents (Brookfield will receive approximately $285,000 in such funding for 2018). State law provides that communities with libraries may avoid double taxation and be exempt from the special levy if they meet the following conditions: 1. Exempt communities must levy and expend an amount equivalent to the mill (tax) rate set by the County in the preceding year 2. Exempt communities are required to provide written notification to the county annually 3. Libraries in exempt communities must meet or exceed minimum county standards Beginning with the 2001 tax year, the Waukesha County Federated Library System began requiring that the governing body certify via ordinance or resolution that it intends to comply with item no. 1 listed above. Such notification must be returned to the County by September 30 of each year to ensure that the county library levy is established at the appropriate amount. The proposed 2019 budget submitted by the Brookfield Library for the Mayor s consideration in the executive budget totaled approximately $2,903,706. Net of fines and other Library revenues, the net property tax support would be approximately $2,845,006. This would equate to a funding tax rate of $ per $1,000 of equalized value, well in excess of the required $ tax rate. Although the Mayor s executive budget will not be completed until the end of September, and the Finance Committee will be reviewing the proposed 2019 budget in October, staff does not anticipate that any potential adjustments would be so significant to cause the Library s funding to fall below the minimum required. Therefore, the necessary resolution to certify the proposed library is submitted for your consideration, and staff respectfully requests approval and recommendation to the Council. S:\Paperless Council Packet\2018\ \memo - county library levy 2019.docx

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22 ORDINANCE NO. By the Human Resources and Public Safety Committee AN ORDINANCE AMENDING ORDINANCE NO THE 2018 POSITIONS ORDINANCE TO AUTHORIZE THE NUMBER OF CERTAIN POSITIONS OF THE CITY OF BROOKFIELD IN THE CITY ATTORNEY S OFFICE, EFFECTIVE OCTOBER 1, The Common Council of the City of Brookfield ordains to amend Ordinance No as follows: SECTION I. To authorize the number of certain positions in the City Attorney Department, effective October 1, 2018: CITY ATTORNEY NO. Assistant City Attorney Graduate Intern 0.50 SECTION II. All ordinances and parts of ordinances in conflict herewith are hereby repealed and this ordinance shall take effect and be in force from and after its passage and publication. Passed and adopted by the Common Council this day of, 2018 APPROVED: Steven V. Ponto, Mayor ATTESTED: Kelly Michaels, City Clerk Published:, 2018

23 ORDINANCE NO. By the Human Resources and Public Safety Committee AN ORDINANCE AMENDING ORDINANCE NO THE 2018 SALARY ORDINANCE TO MODIFY THE ASSISTANT CITY ATTORNEY TITLE, EFFECTIVE OCTOBER 1, The Common Council of the City of Brookfield ordains to amend Ordinance No as follows: SECTION I. To modify titles to the Management Pay Plan: SALARY GRADE Assistant City Attorney (2) (3) 12 (2) One part-time non-benefited position focusing on municipal prosecution budgeted to average 20 hours per week on an annual basis. (3) One part-time position budgeted to average 32 hours per week on an annual basis. Passed and adopted by the Common Council this day of, 2018 APPROVED: Steven V. Ponto, Mayor ATTESTED: Kelly Michaels, City Clerk Published:, 2018

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26 RESOLUTION NO. By the Human Resources and Public Safety Committee RESOLUTION APPROVING A LABOR AGREEMENT BETWEEN THE CITY OF BROOKFIELD AND THE BROOKFIELD PROFESSIONAL FIREFIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 2018 THROUGH DECEMBER 31, WHEREAS, negotiations between the City of Brookfield and the Brookfield Professional Firefighter s Association have resulted in an agreement (copy of which is on file in the Human Resources Department) on a successor labor contract covering calendar years 2018, 2019, 2020, and 2021, and; WHEREAS, the Human Resources and Public Safety Committee has reviewed this agreement and recommends its passage: NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Brookfield does hereby approve said agreement. BE IT FURTHER RESOLVED that the Common Council of the City of Brookfield does hereby authorize and direct the appropriate City officials to execute a contract and implement the provisions therein. Passed and adopted by the Common Council this day of, 2018 APPROVED: Steven V. Ponto, Mayor ATTESTED: Kelly Michaels, City Clerk Published:, 2018

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30 ORDINANCE NO. By the Human Resources and Public Safety Committee AN ORDINANCE AMENDING ORDINANCE NO THE 2018 POSITIONS ORDINANCE TO AUTHORIZE THE NUMBER OF CERTAIN ADMINISTRATIVE POSITIONS OF THE CITY OF BROOKFIELD, EFFECTIVE SEPTEMBER 10, The Common Council of the City of Brookfield ordains to amend Ordinance No as follows: SECTION I. To authorize the number of certain positions in the Department of Public Works, Library and Fire Department, effective September 10, 2018: FIRE DEPARTMENT NO. Office Services Assistant 1.0 Administrative Assistant I 1.0 HIGHWAY DIVISION Office Services Assistant 1.0 Administrative Assistant I 1.0 LIBRARY Office Services Assistant 1.0 Administrative Assistant I 1.0 WATER POLLUTION CONTROL CENTER Office Assistant 0.5 Office Services Assistant 0.5 SECTION II. All ordinances and parts of ordinances in conflict herewith are hereby repealed and this ordinance shall take effect and be in force from and after its passage and publication. Passed and adopted by the Common Council this day of, 2018 APPROVED: Steven V. Ponto, Mayor ATTESTED: Kelly Michaels, City Clerk Published:, 2018

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32 RESOLUTION NO. By the Human Resources and Public Safety Committee A RESOLUTION AWARDING THE CONTRACT FOR DENTAL INSURANCE FOR THE CITY OF BROOKFIELD COVERING CALENDAR YEAR 2019 (DELTA DENTAL RENEWAL) WHEREAS, the City of Brookfield is interested in providing Dental Insurance Benefits for its employees in a manner that provides adequate coverage at a reasonable cost; and, WHEREAS, it has been determined that, for calendar year 2019, the best available Dental Insurance alternative to meet these interests is to contract with Delta Dental Insurance Company, Inc: NOW, THEREFORE, BE IT RESOLVED that a contract for dental insurance be awarded to Delta Dental Insurance Company, Inc. for the period of January 1, 2019 to January 1, 2020; and, BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to sign the necessary agreements on behalf of the City. Passed and adopted by the Common Council this day of, 2018 Steven V. Ponto, Mayor Kelly Michaels, City Clerk

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35 ORDINANCE NO. By the Human Resources and Public Safety Committee SALARY ORDINANCE ESTABLISHING THE RATES OF PAY FOR NON- REPRESENTED CITY OF BROOKFIELD TITLES EFFECTIVE JANUARY 1, PART I: SALARY GRADES AND PAY RANGES As depicted in the attached addendum.* The ordinance in its entirety may be viewed in the City Clerk s Office, 2000 N. Calhoun Rd., or on-line at PART II: For incumbents of titles contained in Section I, Part I, of the attached addendum*, a general 2.5% rate increase shall be applied effective January 1, PART III: All ordinances and parts of ordinances in conflict herewith are hereby repealed and this ordinance shall take effect and be in force from and after its passage and publication. Passed and adopted by the Common Council this day of, 2018 APPROVED: Steven V. Ponto, Mayor ATTESTED: Kelly Michaels, City Clerk Published:, 2018 *Can be viewed in the Human Resources Department.

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52 City of Brookfield, Wisconsin ORDINANCE NO. * * * * - 18 of the Legislative and Licensing Committee Committee Date: Aug 21, 2018 Committee Recommendation: Approved 5-0 Amending and (A) and creating (A)3 and of the Brookfield Municipal Code regarding online ordering of alcohol beverages for curbside / parking lot pickup and severability of Chapter Public Hearing: N/A Council Date: 9/18/2018 Council Action: The Common Council of the City of Brookfield does ordain as follows: PART I. Section of the Municipal Code is hereby amended to read as follows: Sales and use of fermented malt beverages and intoxicating liquor on public property and parking lots prohibited. PART II. Section (A) is amended to read as follows: A. No person shall consume or sell any alcohol beverage in or upon any of the following, except as provided in subsection C. * * * PART III. Subsection (C) is created to read as follows: C. Regulation of Online Sales on Licensed Premises. 1. Definitions. a. Licensed Operator shall mean any person who is authorized to serve or sell alcohol beverages, pursuant to Wis. Stat. Sections (2) and (2). b. Online shall mean a website or application or any other electronic or telecommunication means. c. Order pickup program means the sale or transaction and the pickup or delivery to a vehicle of an order for retail products, including food and beverages, placed online at an establishment licensed under Chapter 5.24 of the Municipal Code. 2. No establishment shall allow alcohol beverages ordered online to be picked up through an order pickup program without obtaining a license or premises amendment as set forth herein. Page 1 4

53 3. Prior to initiating an order pickup program, all applicants shall file a detailed plan of operation with the City Clerk for the order pickup program which is separate from the plan and method of operation required under Title 17 of the Municipal Code. Current licensees shall file the plan with a request to amend their premises description. New license applicants shall file the plan with their original application. The plan of operation shall include: a. A description in detail how the order pickup program will function; b. A drawing of the entire premises to scale with the areas for the order pickup program designated on the drawing, along with their dimensions and the north point and date; c. The licensee or applicant s protocol and policies for assuring that underage persons and intoxicated persons do not pickup alcohol ordered online; d. The licensee or applicant s information on the equipment, policies, and protocols to ensure that licensed operators complete the sale and pickup; e. Whether the licensee or applicant intends to hold tasting events in the order pickup area; f. The pick-up hours; and g. Whether the licensee or applicant intends to have a waiting period between order time and pick-up time. 4. All completed applications that meet the requirements of subsection (C)3 shall be referred to the Legislative and Licensing Committee for consideration. Upon considering the application, the Committee shall inform the Brookfield Common Council of its recommendation, if any, in regard to the amendment or application. The Council shall determine whether the application shall be granted or denied. After approval of the application by the Council, the City Clerk shall issue to the applicant an amended license or license, subject to the requirements of Chapter 5.24 of the Municipal Code. 5. Any alteration, change, or addition to the application or plan of operation shall be referred to the Legislative and Licensing Committee and approved by the Council. The Council may change all or part of the plan of operation or may imposed additional requirements to address problems created by the licensee s operation. No licensee shall alter, change, or add to its application or plan of operation without the Council s approval. 6. All online order pickup programs involving alcohol beverages shall comply with the following: a. The sale shall be consummated in a face-to-face transaction on the licensed premises, and payment may not be completed until the purchaser is at the licensed premises. b. A licensed operator employed by the alcohol beverage licensee shall verify that the purchaser s photo identification is valid and shows that the purchaser is 21 years of age or older. Page 2 4

54 c. The licensed establishment shall utilize a payment transaction system that allows the alcohol beverage portion of the transaction to be denied without affecting the sale of the remainder of items ordered online, if any. d. The licensed establishment shall capture and retain an image of the vehicle into which a pickup order involving the sale of alcohol beverages is being loaded for thirty (30) days. Such images shall be made available to the Brookfield Police Department or another law enforcement agency upon request. e. The licensed establishment shall record and retain the following information for thirty (30) days. Such information shall be made available to the Brookfield Police Department or another law enforcement agency upon request: 1. The name of the purchaser. 2. The type of identification card presented and the number and expiration date of that identification card. 3. The purchaser s date of birth. 4. The license plate of the vehicle into which the order is loaded. f. Order pickup shall be in accordance with closing hours pursuant to Sections (3)(b) and (4)(b), Wisconsin Statutes, respectively. g. If the alcohol beverage purchaser is not the driver of the vehicle into which the order is being loaded or delivered, the licensed operator shall verify the driver is 21 years of age or older. h. The online order pick-up area shall be clearly defined with visible markings, signs and/or barriers. i. The licensee and licensed operator shall comply with the provisions of Wisconsin Statutes Chapter 125 and the Brookfield Municipal Code. 7. Penalty. Any licensee or person who violates any provision of this subsection shall be subject to a forfeiture of not less than $250, nor more than $1,000, plus court costs and fees. Each and every day during which a violation occurs constitutes a separate offense. Licensees are also subject to suspension, revocation, or non-renewal of their alcohol beverage license or operator s license. PART IV. Section is created to read as follows: Severability. If any section or provision of this Chapter shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections, or portions thereof of the Chapter. The remainder of the Chapter shall remain in full force and effect. Page 3 4

55 PART V. All ordinances and parts of ordinances contravening the provisions of this ordinance are hereby repealed. PART VI. The provisions of this ordinance shall be in full force and effect upon passage and publication. Approved: Attest: Steven V. Ponto, Mayor Kelly Michaels, City Clerk Publication Date: Page 4 4

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58 City of Brookfield, Wisconsin RESOLUTION NO. of the WATER AND SEWER BOARD Board Date: September 11, 2018 Board Action: 5-0 Resolution awarding the contract for the 2018 Manhole and Sanitary Sewer Rehabilitation, SA to Visu-Sewer, Inc. for $498,785. Public Hearing: Na Date Introduced: September 18, 2018 Council Action: WHEREAS, the Water and Sewer Board on September 6, 2018 received bids for the 2018 Manhole and Sanitary Sewer Rehabilitation Project No. SA-18-03; and WHEREAS, the bids received are shown on the tabulation sheet attached hereto and incorporated by reference and marked Exhibit A *; and WHEREAS, the Water and Sewer Board duly determined that the lowest responsible bidder was as follows: Visu-Sewer, Inc. W230 Betker Drive Pewaukee, WI in the amount of $498,785 NOW, THEREFORE, BE IT RESOLVED that the said contract is hereby awarded to Visu- Sewer, Inc. in the amount of $498,785 and the proper City officials are hereby authorized and directed to sign the contract on behalf of the City of Brookfield. Passed and adopted by the Common Council this day of, 2018 APPROVED: ATTESTED: Steven V. Ponto, Mayor Kelly Michaels, City Clerk *Can be viewed in the City Clerk s Office during normal working hours.

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61 City of Brookfield, Wisconsin RESOLUTION NO. of the Water & Sewer Board Board Date: September 11, 2018 Board Action: 5-0 Resolution to accept dedication of a water distribution system for Moorland & Hackberry Retail located at 880 & 920 S. Moorland Rd. Public Hearing: Na Date Introduced: September 18, 2018 Board Action: WHEREAS, ASBJORN MOORLAND, LLC developer of MOORLAND & HACKBERRY RETAIL DEVELOPMENT has constructed and installed a water distribution system at MOORLAND & HACKBERRY RETAIL DEVELOPMENT, at the expense of the developer and in accordance with the plans and specifications conforming to applicable City ordinances and approved by the City; and WHEREAS, Section 17 of the Project Development Agreement provided that the developer shall dedicate and convey the said improvements to the City, free and clear of all encumbrances; and WHEREAS, the developer has provided an affidavit that all labor and material claims relating to the water distribution system have been paid; and WHEREAS, the Director of Public Works has certified that the said water distribution system have been completed substantially in accordance with the said Development Agreement and are in satisfactory operating conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Brookfield that said dedication is accepted. Passed and adopted by the Common Council this day of, 2018 APPROVED: ATTESTED: Steven V. Ponto, Mayor Kelly Michaels, City Clerk * Can be viewed in the City Clerk s Office during normal working hours.

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63 ORDINANCE NO. By the Plan Commission AN ORDINANCE CREATING SECTION (B)(12) of the ZONING CODE TO PERMIT GATES IN THE O&LI ZONING DISTRICT LIMITED TO SITES THAT HAVE A LIMITED INDUSTRIAL USE, I.E. NOT OFFICE BUILDINGS The Common Council of the City of Brookfield do ordain the following amendments to the Zoning Chapter of the Municipal Code as follows: PART I. Section (B)(12) General Restrictions is created to read as follows: 12. When open storage of permitted vehicles and trailers is used on sites in light industrial use, access to the storage area may be secured by a gate or gate system consisting of fencing from the building to the gate and the gate to the property line. Permissible fencing located on adjoining properties can be connected at the adjoining property lines. Gates systems are not permitted in the building setback. Gate systems may be chain link or ornamental metal. Gate systems in landscape areas shall be enhanced with plantings along the exterior. PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed. PART III. This ordinance shall be in full force and effect from and after is passage and publication. Passed and adopted by the Common Council this day of, 2018 APPROVED: ATTESTED: Steven V. Ponto, Mayor Kelly Michaels, City Clerk Published: 1 Page

64 City of Brookfield, Wisconsin RESOLUTION NO. of the BOARD OF PUBLIC WORKS Board Date: September 11, 2018 Board Action: 4-1 (Ald. Blackburn voting no) Resolution awarding the contract for the Brookfield Conference Center BP-1 for $3,126, Public Hearing: Na Date Introduced: September 18, 2018 Council Action: WHEREAS, the Board of Public Works on September 5, 2018 received bids for the Brookfield Conference Center BP-1; and WHEREAS, the bids received are shown on the tabulation sheet attached hereto and incorporated by reference and marked Exhibit A *; and WHEREAS, the Board of Public Works duly determined that the lowest responsible bidder was as follows: J.H. Findorff & Son, Inc North 6 th Street Milwaukee, WI in the amount of $3,126, BE IT RESOLVED that the said contract is hereby awarded to J.H. Findorff & Son, Inc. in the amount of $3,126, and the proper City officials are hereby authorized and directed to sign the contract on behalf of the City of Brookfield. Passed and adopted by the Common Council this day of, 2018 Approved: Steven V. Ponto, Mayor Attested: Kelly Michaels, City Clerk *Can be viewed in the City Clerk s Office during normal working hours.

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