OFFICIAL NOTICE AND AGENDA OF A COMMON COUNCIL …

Common Council Agenda: June 2, 2020 Page 1 of 3

OFFICIAL NOTICE AND AGENDA OF A COMMON COUNCIL MEETING NOTICE IS HEREBY GIVEN THAT A REGULARLY SCHEDULED PUBLIC MEETING WILL BE HELD ON THE DATE, TIME AND LOCATION SHOWN

BELOW. UPON ATTAINING A QUORUM OF MEMBERS, ALL ITEMS LISTED ON THE AGENDA SHOWN BELOW MAY BE CONSIDERED (DISCUSSED

AND/OR ACTED UPON).

Date and Time: Tuesday, June 2, 2020, at 7:45 pm

Location: City Hall Council Chambers, 2000 North Calhoun Road, Brookfield WI 53005

Members: Daniel Sutton, Bill Carnell, Bob Reddin, Rick Owen, Jenna Meza, vacancy in the 3rd aldermanic district

but will be appointed at this meeting, Mike Hallquist, Mark Nelson, Gary Mahkorn, Scott Berg,

Christopher Blackburn, Jerry Mellone, Kathryn Wilson, Brad Blumer (Number of Members needed to

meet quorum requirements: 10)

Call to Order: BY MAYOR STEVEN V. PONTO / CHAIR OF THE COMMON COUNCIL

Public Comment: Attention Citizens: The Council has reserved up to 15 minutes for the public to address the

Council on any matter, other than for a public hearing listed below (if applicable). To

address the Council, please complete a “public comment sign up” form and submit it to the

City Clerk prior to the meeting or indicate your inclination to address the Council upon the

Chair’s announcement of the public comment segment of the agenda. If the Chair

determines that no one is present or that no one else wishes to address the Council, the

Chair may end the segment earlier than the allotted time. For public hearings, comments

can be made at the time of the public hearing segment of the agenda when the Chair

recognizes the speaker. Alternatively, citizens can submit any commentary to the following

email address: [email protected].

Announcement: The next regularly scheduled meeting of the Common Council is Tuesday, June 16, 2020 at

7:45 pm (subject to change).

Roll Call/Pledge: The Pledge of Allegiance led by Ald. Jerry Mellone will follow calling of the roll.

Public Hearing: None.

Legislative & Licensing Committee 1. Appointment of aldermanic candidate Michael Jurken to fill the vacancy in the 3rd Aldermanic District.

(Oath of Office administered.)

Consent Agenda: Note that prior to voting on the consent agenda, items may be removed at the request of

any Alderman and placed in the Non-Consent segment immediately following action on the

consent agenda.

2. Minutes of the May 19, 2020, meeting of the Common Council.

Finance Committee 3. Vouchers exceeding $50,000 requiring immediate action.

tadych

Highlight

tadych

Highlight

tadych

Highlight


4. Resolution authorizing the issuance and sale of up to $4,474,506 Taxable Sewerage System Revenue Bonds,

Series 202A and providing for other details and covenants with respect thereto.

Legislative & Licensing Committee 5. Resolution approving the applicants for Original Bartender/Operator Licenses: Ashley M. Balistreri, Jenna

L. Herkowski, Jourdan M. Paider.

6. Resolution approving the applicants for Original Bartender/Operator License with a record: Julie A.

Schmidt.

7. Resolution approving the applicants for Renewal Original Bartender/Operator Licenses: Timothy P. Blake,

Steven R. Bodden, Kenneth L. Checkai, Christine M. Dufek, Paul T. Johnson, Alicia J. Jones, Alissa A. Jones,

Ryan S. Jung, Mark J. Krause, John A. Lechman, Joyce L. Lichter, Kevin M. Manning, Jessica L. Nichols,

Marcia J. Schmidt, Elizabeth A. Urpanil, Carol L. Will, Mareana C. Williams.

8. Resolution approving the Renewal Class B Beer licenses (6 months):

a. Bulldogs/Bluesox Baseball Clubs, 18875 Wilderness Way (McCoy Field)

b. Brookfield Jaycees, 2585 Pilgrim Road (Wirth Park)

9. Resolution approving Renewal Alcohol Licenses:

a. Class A Beer:

i. Brookfield Place BP, 3075 N. 124th St.

b. Class A Beer & Liquor:

i. Bar Stars Bartending Service, 200 S. Executive Dr., #101

ii. CVS Pharmacy #6855, 17165 W. Bluemound Rd.

iii. Piggly Wiggly #118, 2315 N. 124th St.

iv. Sendik’s Fine Foods, 18985 W. Capitol Dr.

v. Westbrook Beverage Center, 13430 W. Greenfield Ave.

c. Class B Beer:

i. Metro Cigars, 13640A W. Capitol Dr.

ii. The Ponds of Brookfield, 2810 N. Calhoun Rd.

d. Class B Beer & Wine:

i. Café Manna, 3815 N. Brookfield Rd.

ii. Pho One24, 3705 N. 124th St.

e. Class B Beer & Liquor:

i. Belle’s Castle Inn, 13170 W. Greenfield Ave.

ii. Bluemound Bowl, 12935 W. Bluemound Rd.

iii. Brookfield Hills Golf Course, 16075 Pinehurst Dr.

iv. Brookfield Indoor Soccer Complex, 19485 W. Lisbon Rd.

v. Brunch, 18895 W. Capitol Dr., Suite 103

vi. Capitol Café/Grecian Inn Restaurant, 14375 W. Capitol Dr.

vii. Marty’s Pizza, 16680 W. Bluemound Rd.

viii. Parkside 23, 2300 Pilgrim Square Dr.

ix. Taste of India, 17115 W. Bluemound Rd., Suite D1

f. Reserve Class B Beer & Liquor:

i. Krause Food Service, 21600 W. Capitol Dr.

g. PEDD Class B Beer & Liquor:

i. Whirlyball, 185 S. Moorland Rd.

10. Mayor’s Reappointment to the Ethics Board: Monica Riederer, reappoint to a 3-year term expiring

November 5, 2022.

11. Ordinance repealing and recreating Subsection 5.24.070 C. to authorize the City Clerk to issue Operator’s

Licenses (bartenders) for certain applicants.

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight


Council as a Whole 12. Mayor’s Reappointments to the Information Technology Subcommittee:

a. Shawn Conaway – reappoint for a 2 year term expiring May 1, 2022

b. John Hubert – reappoint for a 2 year term expiring May 1, 2022

c. Alan B. Nosbusch – reappoint for a 2 year term expiring May 1, 2022

NON-Consent Agenda: Items Removed from Consent (if applicable): 13. Act on any items removed from the consent agenda as necessary.

Parks & Recreation Commission 14. Consider opening or closing the Wiberg Aquatic Center for summer of 2020.

Council as a Whole 15. Resolution approving a Temporary Use Agreement with Buteyne-Peterson Construction Co. (BPC) at

17055 W. North Avenue.

16. Mayor’s assignment of legislative referrals and requests for services.

17. Ordinance approving amendments to City of Brookfield Municipal Code Chapters 5, 15, and 17 to provide

options for business owners to temporarily expand their premises and to place outdoor storage units on

the site to honor social distancing as part of the response to COVID-19 health recommendations

(legislative referral).

18. Adjournment

STEVEN V. PONTO, MAYOR

KELLY MICHAELS, CITY CLERK

POSTED: MAY 29, 2020 @ 2:00 PM

Any person who has a qualifying disability as defined by the Americans with Disability Act that requires the meeting or materials to be in an accessible location

or format, may contact the City Clerk at (262)782-9650 or 2000 North Calhoun Road, for accommodations. Requests for accommodations for meetings should

be made at least 3 business days in advance of the meeting. Every effort will be made to arrange accommodations for all meetings.

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

tadych

Highlight

Legislative & Licensing Committee May 26, 2020 Page 1 of 3

MINUTES OF AN OFFICIAL MEETING:

Special Meeting: Legislative & Licensing Committee

Date and Time: Tuesday, May 26, 2020 @ 6:00 pm

Location: Council Chambers at City Hall, 2000 N Calhoun Road, Brookfield WI

Members Present: Alderman Gary Mahkorn*, Alderman Brad Blumer, Alderman Bill Carnell,

Alderman Mark Nelson, Alderman Rick Owen (*Denotes Chair)

Others Present: Attorney Jenna Merten, City Clerk Kelly Michaels, Human Resources Director

James Zwerlein, Mayor Steven V. Ponto, Alderman Jenna Meza, Alderman

Scott Berg

1. Roll Call

Alderman Mahkorn noted a quorum present and called the Legislative & Licensing Committee

meeting to order at 6:00 pm. Introductions were made to the eight candidates in attendance.

Alderman Mahkorn noted the meeting was being held in open session as required, however he

asked candidates to consider leaving the room until their own interview, in a sense of fairness to

all. He explained that obviously the last interviewee has a distinct advantage in that they will be

listening to all of the great answers given by the other candidates interviewed before their turn.

He noted it is completely voluntary, however it would be the right thing for them to voluntarily

do so that it is a fair process for everyone. All candidates agreed and exited the Council Chambers

except the first candidate.

2. Interview of Candidates for Recommendation of Appointment to Vacant District 3

Aldermanic Position for remaining term effective June 2, 2020 to April 19, 2022:

The following eight candidates who submitted letters of interest/resumes were interviewed in a

randomly drawn order as follows:

Jess Haines, 2600 El Rancho Drive

Ron Balzer, 16425 Luella Drive

Tom Szews, 2970 San Juan Trail

Michael Jurken, 3415 Sunnyview Lane

David Marcello, 18140 Hoffman Avenue #B


Jason Anderson, 16160 Luella Drive

Cynthia J. Rigsby, 14290 Chesterwood Drive

Gregory R. Keller, 15600 Luella Drive.

Candidates gave a brief introductory statement and then answered the following questions

posed by committee members, during their 15 minute interview:

A. Why are you interested in serving on the Brookfield Common Council?

a. Are there reasons you did or did not consider running in the recent Spring

election?

B. What qualifications do you have that your feel would make you an effective Council

Member?

C. Describe your involvement in the Community.

D. Do you anticipate any conflicts of interest that could arise if you are appointed to the

Common Council, and, if so, how would you intend to handle them?

a. Can you tell me the boundaries of the 3rd Aldermanic District?

b. In your opinion, what do you believe is Brookfield’s most pressing issue?

E. As a summary of your interview, tell us why you think you are the best candidate?

3. Discussion and Selection of Candidate to recommend to the Common Council for

Appointment to fill the vacancy in the 3rd Aldermanic District

Committee members discussed how painfully difficult the decision would be as all eight

candidates gave thoughtful answers and were high quality candidates. Members discussed

methods for coming to a decision as some members utilized the numerical ranking process

provided while others took notes without assessing any points. After brief discussion of

various methods proposed, it was decided that each member would list their top three

candidates with number 1 being their first choice, on a sheet of paper that the Clerk would

then tally. It was noted this would not be a secret ballot.

Clerk Michaels tallied the sheets from all members and stated the choice was obvious as four

of the five committee members had chosen the same candidate as their top choice and the

fifth member had chosen that same candidate as their second choice. Alderman Mahkorn

reviewed the tally and agreed it was obvious. He asked that Attorney Merten also review

the tally and if in agreement, to announce the results.

Attorney Merten reviewed the tally and announced that Michael Jurken had received the top

ranking from four of the five committee members. The fifth committee member had ranked

candidate Tom Szews, as their first choice. Alderman Blumer indicated he was the fifth

member and explained that he had utilized the numerical points method which resulted in


Tom Szews and Michael Jurken both receiving the exact same number, tied. He noted he

would support Michael Jurken as his number one due to the tie, thus making the selection

unanimous.

Motion by Alderman Nelson, second by Alderman Owen to recommend Michael Jurken, be

appointed to the District 3 Aldermanic position for a term effective June 2, 2020, expiring

April 19, 2022. Motion carried 5-0.

4. Adjournment

Alderman Mahkorn thanked all of the candidates for their thoughtful answers and their

willingness to serve. He noted there are many ways to get involved in our community. He

stated there are several committees at the City in which there are resident members. He

encouraged candidates to remain engaged by reaching out to Mayor Ponto to offer their

qualifications to serve in other capacities such as committees.

Motion by Alderman Blumer, second by Alderman Owen to adjourn the meeting. Motion

carried 5-0. Meeting adjourned at 9:19 pm.

Respectfully Submitted:

Kelly Michaels, MMC, WCPC

Brookfield City Clerk

RESOLUTION NO. ____

RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $4,474,506 TAXABLE SEWERAGE SYSTEM

REVENUE BONDS, SERIES 2020A AND PROVIDING FOR OTHER DETAILS AND COVENANTS WITH RESPECT THERETO

WHEREAS, the City of Brookfield, Waukesha County, Wisconsin (the "Municipality") owns and operates a sewerage system (the "System") which is operated for a public purpose as a public utility by the Municipality; and

WHEREAS, certain improvements to the System are necessary to meet the needs of the Municipality and the residents thereof, consisting of the construction of a project (the "Project") assigned Clean Water Fund Project No. 4275-18 by the State of Wisconsin Department of Natural Resources (the "Department of Natural Resources"), and as defined in Department of Natural Resources approval letter for the plans and specifications, or portions thereof, issued under Wis. Stat. Section 281.41; dated January 17, 2020, and assigned number S-2019-0851; and

WHEREAS, the Project is being undertaken by the Muncipality in cooperation with five other municipal contract users of the System pursuant to intermunicipal agreements between the Municipality and said municipal contract users; and

WHEREAS, under the provisions of Chapter 66 of the Wisconsin Statutes any municipality may, by action of its governing body, provide for purchasing, acquiring, constructing, extending, adding to, improving, operating and managing a public utility from the proceeds of bonds, which bonds are to be payable only from the revenues received from any source by such utility, including all rentals and fees; and

WHEREAS, the Municipality has previously issued its $3,390,597 Sewerage System Revenue Bonds, Series 2001B, dated December 26, 2001 (the “2001B Bonds”) which were authorized by a resolution adopted on December 4, 2001 (the “2001B Resolution”); its $809,425 Sewerage System Revenue Bonds, Series 2009A, dated November 12, 2009 (the “2009A Bonds”) which were authorized by a resolution adopted on October 20, 2009 (the “2009A Resolution”); and its $649,223 Sewerage System Revenue Bonds, Series 2011A, dated July 13, 2011 (the “2011A Bonds”) which were authorized by a resolution adopted on June 21, 2011 (the “2011A Resolution”); and

WHEREAS, the 2001B, 2009A and 2011A Resolutions permit the issuance of additional bonds on a parity with the 2001B, 2009A and 2011A Bonds upon certain conditions, and those conditions have been met with respect to the issuance of bonds pursuant to this resolution; and

WHEREAS, the Municipality deems it to be necessary, desirable and in its best interest to authorize and sell taxable sewerage system revenue bonds of the Municipality payable solely from the revenues of the System, pursuant to the provisions of Section 66.0621 of the Wisconsin Statutes, to pay the cost of the Project; and

2

WHEREAS, other than the 2001B, 2009A and 2011A Bonds, no bonds or obligations payable from the revenues of the System are now outstanding.

NOW, THEREFORE, be it resolved by the Governing Body of the Municipality that:

Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by implication requires otherwise:

(a) "Act" means Section 66.0621 of the Wisconsin Statutes;

(b) "Bond Registrar" means the Municipal Treasurer, which shall act as Paying Agent for the Bonds;

(c) "Bonds" mean the $4,474,506 Taxable Sewerage System Revenue Bonds, Series 2020A of the Municipality dated their date of issuance, authorized to be issued by this Resolution;

(d) "Bond Year" means the twelve-month period ending on each May 1;

(e) “Closing Date” means the date of closing on the Clean Water Fund Loan when the Bonds are delivered to the State of Wisconsin Clean Water Fund pursuant to the Financial Assistant Agreement.

(f) "Current Expenses" means the reasonable and necessary costs of operating, maintaining, administering and repairing the System, including salaries, wages, costs of materials and supplies, insurance and audits but shall exclude depreciation, debt service, tax equivalents and capital expenditures;

(g) "Debt Service Fund" shall mean the Debt Service Fund of the Municipality, which shall be the "special redemption fund" as such term is defined in the Act;

(h) "Financial Assistance Agreement" means the Financial Assistance Agreement by and between the State of Wisconsin by the Department of Natural Resources and the Department of Administration and the Municipality pursuant to which the Bonds are to be issued and sold to the State, substantially in the form attached hereto and incorporated herein by reference;

(i) "Fiscal Year" means the twelve-month period ending on each December 31;

(j) "Governing Body" means the Common Council, or such other body as may hereafter be the chief legislative body of the Municipality;

(k) "Municipal Treasurer" means the Treasurer of the Municipality who shall act as Bond Registrar and Paying Agent;

(l) "Municipality" means the City of Brookfield;

3

(m) "Net Revenues" means the gross earnings of the System after deduction of Current Expenses; gross earnings shall include earnings of the System derived from sewerage charges imposed by the Municipality, all payments to the Municipality under any wastewater treatment service agreements between the Municipality and any contract users of the System, and any other monies received from any source including all rentals and fees and any special assessments levied and collected in connection with the Project;

(n) "Parity Bonds" means bonds payable from the revenues of the System other than the Bonds but issued on a parity and equality with the Bonds pursuant to the restrictive provisions of Section 11 of this Resolution;

(o) "Prior Bonds" means the 2001B, 2009A and 2011A Bonds.

(p) "Project" means the Project described in the preamble to this Resolution. All elements of the Project are to be owned and operated by the Municipality as part of the System as described in the preamble hereto;

(q) "Record Date" means the close of business on the fifteenth day of the calendar month next preceding any principal or interest payment date;

(r) "System" means the entire sewerage system of the Municipality, specifically including that portion of the Project owned by the Municipality and including all property of every nature now or hereafter owned by the Municipality for the collection, transmission, treatment and disposal of domestic and industrial sewerage and waste, including all improvements and extensions thereto made by the Municipality while any of the Bonds and Parity Bonds remain outstanding, including all real and personal property of every nature constituting part of or used or useful in connection with such sewerage system and including all appurtenances, contracts, leases, franchises, and other intangibles;

(s) “2001B Bonds” means the $3,390,597 Sewerage System Revenue Bonds, Series 2001B dated December 26, 2001 which were authorized by a resolution adopted on December 4, 2001;

(t) “2001B Resolution” means the resolution passed on December 4, 2001 authorizing the issuance and sale of the 2001B Bonds;

(u) “2009A Bonds” means the $809,425 Sewerage System Revenue Bonds, Series 2009A dated November 12, 2009 which were authorized by a resolution adopted on October 20, 2009;

(v) “2009A Resolution” means the resolution passed on October 20, 2009 authorizing the issuance and sale of the 2009A Bonds;

(w) “2011A Bonds” means the $649,223 Sewerage System Revenue Bonds, Series 2011A dated July 13, 2011 which were authorized by a resolution adopted on June 21, 2011;

4

(x) “2011A Resolution” means the resolution passed on June 21, 2011 authorizing the issuance and sale of the 2011A Bonds;

Section 2. Authorization of the Bonds and the Financial Assistance Agreement. For the purpose of paying the cost of the Project (including legal, fiscal, engineering and other expenses), there shall be borrowed on the credit of the income and revenue of the System up to the sum of $4,474,506; and fully registered taxable revenue bonds of the Municipality are authorized to be issued in evidence thereof and sold to the State of Wisconsin Clean Water Fund Program in accordance with the terms and conditions of the Financial Assistance Agreement, which is incorporated herein by this reference and the Mayor and the City Clerk or the Deputy City Clerk of the Municipality are hereby authorized, by and on behalf of the Municipality, to execute the Financial Assistance Agreement.

Section 3. Terms of the Bonds. The Bonds shall be designated "Taxable Sewerage System Revenue Bonds, Series 2020A" (the "Bonds"); shall be dated as of the Closing Date; shall be numbered one and upward; shall bear interest at the rate of 1.760 % per annum, calculated on the basis of a 360-day year made up of twelve 30-day months; shall be issued in denominations of $0.01 or any integral multiple thereof; and shall mature on the dates and in the amounts as set forth in Exhibit B of the Financial Assistance Agreement. Interest on the Bonds shall be payable commencing on November 1, 2020 and semiannually thereafter on May 1 and November 1 of each year. The Bonds shall not be subject to redemption prior to maturity except as provided in the Financial Assistance Agreement.

The schedule of maturities of the Bonds is found to be such that the amount of annual debt service payments is reasonable in accordance with prudent municipal utility practices.

Section 4. Form, Execution, Registration and Payment of the Bonds. The Bonds shall be issued as registered obligations in substantially the form attached hereto as Exhibit A and incorporated herein by this reference.

The Bonds shall be executed in the name of the Municipality by the manual signatures of the Mayor and the City Clerk, and shall be sealed with its official or corporate seal, if any.

The principal of, premium, if any, and interest on the Bonds shall be paid by the Municipal Treasurer, who is hereby appointed as the Municipality's registrar (the "Bond Registrar").

Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America by the Bond Registrar. Payment of principal of the final maturity on the Bonds will be payable upon presentation and surrender of the Bonds to the Bond Registrar. Payment of principal on the Bonds (except the final maturity) and each installment of interest shall be made to the registered owner of each Bond who shall appear on the registration books of the Municipality, maintained by the Bond Registrar, on the Record Date and shall be paid by electronic transfer or by check or draft of the Municipality and mailed to such registered owner at his or its address as appears on such registration books or at such other address as may be furnished in writing to such registered owner to the Bond Registrar.

5

Section 5. Security for the Bonds. The Bonds, together with interest thereon, shall not constitute an indebtedness of the Municipality nor a charge against its general credit or taxing power. The Bonds, together with interest thereon, shall be payable only out of the Debt Service Fund hereinafter created and established, and shall be a valid claim of any holder thereof only against such Debt Service Fund and the revenues of the System pledged to such fund on a parity with the pledge granted to the holders of the Prior Bonds. Sufficient revenues are hereby pledged to said Debt Service Fund, and shall be used for no other purpose than to pay the principal of, premium, if any, and interest on the Prior Bonds and the Bonds as the same becomes due.

Section 6. Funds and Accounts. In accordance with the Act, for the purpose of the application and proper allocation of the revenues of the System, and to secure the payment of the principal of and interest on the Prior Bonds, the Bonds and Parity Bonds, certain funds of the System which were created and established pursuant to the 2001B Resolution are hereby continued, and shall be used solely for the following respective purposes:

(a) Revenue Fund, into which shall be deposited as received the entire gross earnings of the System, which money shall then be divided among the Operation and Maintenance Fund, the Debt Service Fund and the Surplus Fund in the amounts and in the manner set forth in Section 7 hereof and used for the purposes described below.

(b) Operation and Maintenance Fund, which shall be used for the payment of Current Expenses.

(c) Debt Service Fund which shall be used for the payment of the principal of, premium, if any, and interest on the Prior Bonds, the Bonds and any Parity Bonds as the same becomes due.

(d) Surplus Fund, which shall first be used whenever necessary to pay principal of, premium, if any, or interest on the Prior Bonds, the Bonds and Parity Bonds when the Debt Service Fund shall be insufficient for such purpose, and thereafter shall be disbursed as follows: (i) at any time, to remedy any deficiency in any of the Funds provided in this Section 6 hereof; and (ii) money thereafter remaining in the Surplus Fund at the end of any Fiscal Year may be transferred to any of the Funds or accounts created herein or to reimburse the general fund of the Municipality for advances made by the Municipality to the System or for any other lawful purpose.

Section 7. Application of Revenues. After the delivery of the Bonds, the entire gross earnings of the System shall be deposited as collected in the Revenue Fund and shall be transferred monthly to the funds listed below in the following order of priority and in the manner set forth below:

(a) to the Operation and Maintenance Fund, in an amount equal to the estimated Current Expenses for such month and for the following month (after giving affect to available amounts in said Fund from prior deposits);

6

(b) to the Debt Service Fund, an amount equal to one-sixth (1/6) of the next installment of interest coming due on the Prior Bonds, the Bonds and any Parity Bonds then outstanding and an amount equal to one-twelfth (1/12) of the installment of principal of the Prior Bonds, the Bonds and any Parity Bonds coming due during such Bond Year (after giving affect to available amounts in said account from accrued interest, any premium or any other source);

(c) to the Surplus Fund, any amount remaining in the Revenue Fund after the monthly transfers required above have been completed.

Transfers from the Revenue Fund to the Operation and Maintenance Fund, the Debt Service Fund and the Surplus Fund shall be made monthly not later than the tenth day of each month, and such transfer shall be applicable to monies on deposit in the Revenue Fund as of the last day of the month preceding. Any other transfers and deposits to any Fund required or permitted by subsection (a) through (c) of this Section, except transfers or deposits which are required to be made immediately or annually, shall be made on or before the tenth day of the month. Any transfer or deposit required to be made at the end of any Fiscal Year shall be made within sixty (60) days after the close of such Fiscal Year. If the tenth day of any month shall fall on a day other than a business day, such transfer or deposit shall be made on the next succeeding business day.

It is the express intent and determination of the Governing Body that the amounts transferred from the Revenue Fund and deposited in the Debt Service Fund shall be sufficient in any event to pay the interest on the Prior Bonds, the Bonds and any Parity Bonds as the same accrues and the principal thereof as the same matures.

Section 8. Deposits and Investments. The Debt Service Fund shall be kept apart from monies in the other Funds and Accounts and the same shall be used for no purpose other than the prompt payment of principal of and interest on the Prior Bonds, the Bonds and any Parity Bonds as the same becomes due and payable. All monies therein shall be deposited in special and segregated accounts in a public depository selected under Chapter 34 of the Wisconsin Statutes and may be temporarily invested until needed in legal investments subject to the provisions of Section 66.0603(lm) of the Wisconsin Statutes. The other funds herein created (except the Sewer System CWF Project Fund) may be combined in a single account in a public depository selected in the manner set forth above and may be temporarily invested until needed in legal investments subject to the provisions of Section 66.0603(lm) of the Wisconsin Statutes.

Section 9. Service to the Municipality. The reasonable cost and value of services rendered to the Municipality by the System by furnishing sewerage services for public purposes shall be charged against the Municipality and shall, to the extent permitted by law, be paid in monthly installments as the service accrues, out of the current revenues of the Municipality collected or in the process of collection, exclusive of the revenues derived from the System; that is to say, out of the tax levy of the Municipality made by it to raise money to meet its necessary current expenses. The reasonable cost and value of such service to the Municipality in each year shall be equal to an amount which, together with other revenues of the System, will produce in each Bond Year Net Revenues equivalent to not less than the annual principal and interest

7

requirements on the Prior Bonds, the Bonds, any Parity Bonds, and any other debt obligations payable from the revenues of the System then outstanding times the greater of (i) 110%, or (ii) the highest debt service coverage ratio required with respect to any debt obligations payable from the revenues of the System then outstanding. However, such payment out of the tax levy shall be subject to (a) approval of the Public Service Commission, or successors to its function, if applicable, (b) yearly appropriations therefor, and (c) applicable levy limitations, if any; but neither this Resolution nor such payment shall be construed as constituting an obligation of the Municipality to make any such appropriation over and above the reasonable cost and value of the services rendered to the Municipality and its inhabitants or to make any subsequent payment over and above such reasonable cost and value.

Section 10. Operation of System; Municipality Covenants. It is covenanted and agreed by the Municipality with the owner or owners of the Bonds, and each of them, that the Municipality will perform all of the obligations as set forth in the Financial Assistance Agreement.

Section 11. Additional Bonds. The Bonds are issued on a parity with the Prior Bonds. No bonds or obligations payable out of the revenues of the System may be issued in such manner as to enjoy priority over the Bonds. Additional obligations may be issued if the lien and pledge is junior and subordinate to that of the Bonds. Parity Bonds may be issued only under the following circumstances:

(a) Additional Parity Bonds may be issued for the purpose of completing the Project and for the purpose of financing costs of the Project which are ineligible for payment under the State of Wisconsin Clean Water Fund. However, such additional Parity Bonds shall be in an aggregate amount not to exceed 20% of the face amount of the Bonds; or

(b) Additional Parity Bonds may also be issued if all of the following conditions are met:

(1) The Net Revenues of the System for the Fiscal Year immediately preceding the issuance of such additional bonds must have been in an amount at least equal to the maximum annual interest and principal requirements on all bonds outstanding payable from the revenues of the System, and on the bonds then to be issued, times the greater of (i) 1.10 or (ii) the highest debt service coverage ratio to be required with respect to the Additional Parity Bonds then to be issued or on any debt obligations payable from the revenues of the System then outstanding. Should an increase in permanent rates and charges, including those made to the Municipality, be properly ordered and made effective during the Fiscal Year immediately prior to the issuance of such additional bonds or during that part of the Fiscal Year of issuance prior to such issuance, then Net Revenues for purposes of such computation shall include such additional revenues as an independent certified public accountant, consulting professional engineer or the Wisconsin Public Service Commission may certify would have accrued during the

8

prior Fiscal Year had the new rates been in effect during that entire immediately prior Fiscal Year.

(2) The payments required to be made into the Funds enumerated in Section 6 of this Resolution must have been made in full.

(3) The Additional Parity Bonds must have principal maturing on May 1 of each year and interest falling due on May 1 and November 1 of each year.

(4) The proceeds of the Additional Parity Bonds must be used only for the purpose of providing extensions or improvements to the System, for the purpose of providing necessary funds to pay the capital costs (and related costs including interest) associated with the Municipality’s allocated use of another wastewater treatment facility, or to refund obligations issued for such purpose.

Section 12. Sale of Bonds. The sale of the Bonds to the State of Wisconsin Clean Water Fund Program for the purchase price of up to $4,474,506 and at par, is ratified and confirmed; and the officers of the Municipality are authorized and directed to do any and all acts, including executing the Financial Assistance Agreement and the Bonds as hereinabove provided, necessary to conclude delivery of the Bonds to said purchaser, as soon after adoption of this Resolution as is convenient. The purchase price for the Bonds shall be paid upon requisition therefor as provided in the Financial Assistance Agreement.

Section 13. Application of Bond Proceeds. The proceeds of the sale of the Bonds shall be deposited by the Municipality into a special fund designated as "Sewerage System CWFP Project Fund." The Sewerage System CWFP Project Fund shall be used solely for the purpose of paying the costs of the Project (including capitalized interest, if any, on the Bonds) as more fully described in the preamble hereof and in the Financial Assistance Agreement. Moneys in the Sewerage System CWFP Project Fund shall be disbursed within three (3) business days of their receipt from the State of Wisconsin and shall not be invested in any interest-bearing account.

Section 14. Amendment to Resolution. After the issuance of any of the Bonds, no change or alteration of any kind in the provisions of this Resolution may be made until all of the Bonds have been paid in full as to both principal and interest, or discharged as herein provided, except: (a) the Municipality may, from to time, amend this Resolution without the consent of any of the owners of the Bonds, but only to cure any ambiguity, administrative conflict, formal defect, or omission or procedural inconsistency of this Resolution; and (b) this Resolution may be amended, in any respect, with a written consent of the owners of not less than two-thirds (2/3) of the principal amount of the Bonds then outstanding, exclusive of Bonds held by the Municipality; provided, however, that no amendment shall permit any change in the pledge of revenues derived from the System or the maturity of any Bond issued hereunder, or a reduction in the rate of interest on any Bond, or in the amount of the principal obligation thereof, or in the amount of the redemption premium payable in the case of redemption thereof, or change the terms upon which the Bonds may be redeemed or make any other modification in the terms of the payment of such principal or interest without the written consent of the owner of each such Bond to which the change is applicable.

9

Section 15. Defeasance. When all Bonds have been discharged, all pledges, covenants and other rights granted to the owners thereof by this Resolution shall cease. The Municipality may discharge all Bonds due on any date by irrevocably depositing in escrow with a suitable bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to principal and interest of the U.S. Government, or of a commission, board or other instrumentality of the U.S. Government, maturing on the dates and bearing interest at the rates required to provide funds sufficient to pay when due the interest to accrue on each of said Bonds to its maturity or, at the Municipality's option, if said Bond is prepayable to any prior date upon which it may be called for redemption, and to pay and redeem the principal amount of each such Bond at maturity, or at the Municipality's option, if said Bond is prepayable, at its earliest redemption date, with the premium required for such redemption, if any, provided that notice of the redemption of all prepayable Bonds on such date has been duly given or provided for.

Section 16. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Municipality and the owner or owners of the Bonds, and after issuance of any of the Bonds no change or alteration of any kind in the provisions of this Resolution may be made, except as provided in Section 14, until all of the Bonds have been paid in full as to both principal and interest. The owner or owners of any of the Bonds shall have the right in addition to all other rights, by mandamus or other suit or action in any court of competent jurisdiction, to enforce such owner's or owners' rights against the Municipality, the Governing Body, and any and all officers and agents thereof including, but without limitation, the right to require the Municipality, its Governing Body and any other authorized body, to fix and collect rates and charges fully adequate to carry out all of the provisions and agreements contained in this Resolution.

Section 17. Continuing Disclosure. The officers of the Municipality are hereby authorized and directed, if requested by the State, to provide to the State of Wisconsin Clean Water Fund Program (the “CWFP”) and to such other persons or entities as directed by the CWFP such ongoing disclosure regarding the Municipality's financial condition and other matters, at such times and in such manner as the CWFP may require, in order that securities issued by the Municipality and the CWFP satisfy rules and regulations promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended or may be amended from time to time imposed on brokers and dealers of municipal securities before the brokers and dealers may buy, sell, or recommend the purchase of such securities.

10

Section 18. Conflicting Resolutions. All ordinances, resolutions (other than the 2001B Resolution, the 2009A Resolution and the 2011A Resolution), or orders, or parts thereof heretofore enacted, adopted or entered, in conflict with the provisions of this Resolution, are hereby repealed and this Resolution shall be in effect from and after its passage. In the case of any conflict between this Resolution and the 2001B Resolution, the 2001B Resolution shall control as long as the 2001B Bonds are outstanding. In the case of any conflict between this Resolution and the 2009A Resolution, the 2009A Resolution shall control as long as the 2009A Bonds are outstanding. In the case of any conflict between this Resolution and the 2011A Resolution, the 2011A Resolution shall control as long as the 2011A Bonds are outstanding.

Passed: June 2, 2020

Approved: June 2, 2020

______________________________Steven V. Ponto, Mayor

Attest:

______________________________Renee Tadych, Deputy Clerk

A-1

EXHIBIT A

FORM OF BOND

REGISTERED UNITED STATES OF AMERICA REGISTERED NO. R - 1 STATE OF WISCONSIN $4,474,506

COUNTY OF WAUKESHA CITY OF BROOKFIELD

TAXABLE SEWERAGE SYSTEM REVENUE BONDS, SERIES 2020A

Final Date of Maturity Date Original Issue

May 1, 2040 June 24, 2020

REGISTERED OWNER: STATE OF WISCONSIN CLEAN WATER FUND PROGRAM

KNOW ALL MEN BY THESE PRESENTS that the City of Brookfield, Waukesha County, Wisconsin, (the "Municipality") hereby acknowledges itself to owe and for value received promises to pay to the registered owner shown above, or registered assigns, solely from the fund hereinafter specified, the principal sum of an amount not to exceed Four Million Four Hundred Seventy-Four Thousand Five Hundred Six Dollars ($4,474,506) (but only so much as shall have been drawn hereunder, as provided below) on May 1 of each year commencing May 1, 2022 until the final maturity date written above, together with interest thereon (but only on amounts as shall have been drawn hereunder, as provided below) from the dates the amounts are drawn hereunder or the most recent payment date to which interest has been paid, at the rate of 1.760 % per annum, calculated on the basis of a 360-day year made up of twelve 30-day months, such interest being payable on the first days of May and November of each year, with the first interest being payable on November 1, 2020.

The principal amount evidenced by this Bond may be drawn upon by the Municipality in accordance with the Financial Assistance Agreement entered by and between the Municipality and the State of Wisconsin by the Department of Natural Resources and the Department of Administration including capitalized interest transferred (if any). The principal amounts so drawn shall be repaid in installments on May 1 of each year commencing on May 1, 2022 in an amount equal to an amount which when amortized over the remaining term of this Bond plus current payments of interest (but only on amounts drawn hereunder) at One and Seventy Six Hundredths percent (1.760 %) per annum shall result in equal annual payments of the total of principal and the semiannual payments of interest. The State of Wisconsin Department of Administration shall record such draws and corresponding principal repayment schedule on a cumulative basis in the format shown on the attached Exhibit A.

Both principal and interest hereon are hereby made payable to the registered owner in lawful money of the United States of America. On the final maturity date, principal of this Bond shall be payable only upon presentation and surrender of this Bond at the office of the Municipal Treasurer. Principal hereof (except the final maturity) and interest hereon shall be payable by

A-2

electronic transfer or by check or draft dated on or before the applicable payment date and mailed from the office of the Municipal Treasurer to the person in whose name this Bond is registered at the close of business on the fifteenth day of the calendar month next preceding such interest payment date.

The Bonds shall not be redeemable prior to their maturity, except with the consent of the registered owner.

This Bond is transferable only upon the books of the Municipality kept for that purpose at the office of the Municipal Treasurer, by the registered owner in person or its duly authorized attorney, upon surrender of this Bond, together with a written instrument of transfer (which may be endorsed hereon) satisfactory to the Municipal Treasurer, duly executed by the registered owner or its duly authorized attorney. Thereupon a replacement Bond shall be issued to the transferee in exchange therefor. The Municipality may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the principal or interest hereof and for all other purposes. This Bond is issuable solely as a negotiable, fully-registered bond, without coupons, and in denominations of $0.01 or any integral multiple thereof.

This Bond is issued for the purpose of providing for the payment of the cost of constructing improvements to the Sewerage System of the Municipality, pursuant to Article XI, Section 3, of the Wisconsin Constitution, Section 66.0621, Wisconsin Statutes, and a resolution adopted June 2, 2020, and entitled: "Resolution Authorizing the Issuance and Sale of up to $4,474,506 Taxable Sewerage System Revenue Bonds, Series 2020A and Providing for Other Details and Covenants with Respect Thereto", and is payable only from the income and revenues derived from the operation of the Sewerage System of the Municipality (the "Utility"). The Bonds are issued on a parity with the Municipality’s $3,390,597 Sewerage System Revenue Bonds, Series 2001B, dated December 26, 2001; $809,425 Sewerage System Revenue Bonds, Series 2009A, dated November 12, 2009; and $649,223 Sewerage System Revenue Bonds, Series 2011A, dated July 13, 2011 , as to the pledge of the revenues of the System. This Bond does not constitute an indebtedness of said Municipality within the meaning of any constitutional or statutory debt limitation or provision.

It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen, and be performed precedent to and in the issuance of this Bond have existed, have happened and have been performed in due time, form and manner as required by law; and that sufficient of the income and revenue to be received by said Municipality from the operation of its Utility has been pledged to and will be set aside into a special fund for the payment of the principal of and interest on this Bond.

A-3

IN WITNESS WHEREOF, the Municipality, has caused this Bond to be signed by the signatures of its Mayor and City Clerk, and its corporate seal (or a true facsimile thereof) to be impressed (or imprinted) hereon, all as of the date of original issue specified above.

CITY OF BROOKFIELD, WISCONSIN

By: [FORM OF BOND]____________ Steven V. Ponto, Mayor

[SEAL ]

Attest: [FORM OF BOND]______ Kelly Michaels, City Clerk

A-4

(Form of Assignment)

FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (Please print or typewrite name and address, including zip code, of Assignee).

Please insert Social Security or other identifying number of Assignee

_______________________________________

the within Bond, and all rights thereunder, hereby irrevocably constituting and appointing

_________________________________________

Attorney to transfer said Bond on the books kept for the registration thereof with full power of substitution in the premises.

Dated: ________________

__________________________________ NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.

Signature(s) guaranteed by:

_____________________________

A-5

EXHIBIT A TO BOND

$4,474,506 CITY OF BROOKFIELD, WISCONSIN

SEWERAGE SYSTEM REVENUE BONDS, SERIES 2020A

Amount of Date of Series of Principal Principal Disbursement Disbursement Bonds Repaid Balance

PRINCIPAL REPAYMENT SCHEDULE

Date Principal Amount

May 1, 2022 $200,362.51 May 1, 2023 203,888.89 May 1, 2024 207,477.34 May 1, 2025 211,128.94 May 1, 2026 214,844.81 May 1, 2027 218,626.08 May 1, 2028 222,473.90 May 1, 2029 226,389.44 May 1, 2030 230,373.89 May 1, 2031 234,428.47 May 1, 2032 238,554.41 May 1, 2033 242,752.97 May 1, 2034 247,025.42 May 1, 2035 251,373.07 May 1, 2036 255,797.24 May 1, 2037 260,299.27 May 1, 2038 264,880.54 May 1, 2039 269,542.43 May 1, 2040 274,286.38

S:\Paperless Council Packet\2020\06-02-2020\Item 4 - memo - Sewerage Revenue Bonds clean water fund resolutions june 2020.docx

MEMORANDUM / STAFF REPORT: To: FINANCE COMMITTEE From: ROBERT SCOTT, DIRECTOR OF FINANCE AND ADMINISTRATION CC: MAYOR AND COMMON COUNCIL Date: MAY 28, 2020 Topic: Resolution authorizing sale of Taxable Sanitary Sewerage Revenue

Bonds (Clean Water Fund loan)

As you are aware, the City is required under federal and state mandates to upgrade the facilities at the Fox River Water Pollution Control Center to further remove phosphorus from the treated effluent prior to discharge into the Fox River. The construction contract for the project was awarded by the Council earlier this year and work is underway.

The nature and scope of the project cost are such that the City qualifies for Clean Water Fund (CWF) loan financing through the State of Wisconsin Department of Natural Resources (DNR), for which the state subsidizes the interest rate to be below typical market rates (rate on the loan is 1.76%). Further, the revenue bonds being issued to evidence the loan obligation to the state can be designated as a taxable obligation, which preserves the City’s bank-qualified financing capacity for the 2020 general obligation bond issue and is particularly important for market access in the current municipal bond market.

The construction contract was awarded for $8,300,000. Adding in engineering services for design and construction management, contingency, and closing costs (bond counsel, financial advisor), brings the estimated project total to $9,211,324 as shown on the attached budget from the DNR. The City’s share and the CWF loan amount is based on its proportionate share of ownership of the treatment plant. The contract communities who are partial owners of the treatment plant will reimburse the City for their applicable share of the project costs.

The accompanying resolution approves the sale of the taxable sanitary sewer revenue bond issue and the financial assistance agreement with the state. Staff respectfully requests the Committee’s approval of the resolution and recommendation to the Council to complete the financing for this project.

Total Project Ineligible CWF 4275‐18

Preliminary Design $338,340.00 $174,651.00 $163,689.00

Donohue & Associates, Inc. $338,340.00 $174,651.00 $163,689.00

Land Acquisition $0.00 $0.00 $0.00

$0.00 $0.00 $0.00

E/CM $122,984.00 $63,484.00 $59,500.00

Donohue & Associates, Inc. $122,984.00 $63,484.00 $59,500.00

Construction $8,300,000.00 $4,284,460.00 $4,015,540.00

Staab Construction $8,300,000.00 $4,284,460.00 $4,015,540.00

Contingency $415,000.00 $214,223.00 $200,777.00

5% of bid construction amt. $415,000.00 $214,223.00 $200,777.00

Closing $35,000.00 $0.00 $35,000.00

Griggs Law $35,000.00 $0.00 $35,000.00

Total: $9,211,324.00 $4,736,818.00 $4,474,506.00

RESOLUTION #__________ OF THE CITY OF BROOKFIELD, WISCONSIN

Page 1 of 1

Committee: Legislative & Licensing Committee Date: May 19, 2020 Committee Action: Approved 5-0

Public Hearing: n/a Council Date: June 2, 2020 Council Action:

Original Bartender/Operator Licenses for the listed applicants.

WHEREAS, the Legislative & Licensing Committee of the City of Brookfield has recommended approval of Original Bartender/Operator Licenses for the listed applicants who have met the applicable qualifications of Chapter 125 of the Wisconsin Statutes and Brookfield Municipal Code.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to grant the licenses.

Balistreri, Ashley M. Herkowski, Jenna L. Paider, Jourdan M.

Adopted this by the Common Council this day of ,2020

Approved:

Mayor Steven V. Ponto Attested:

Kelly Michaels, City Clerk

RESOLUTION #____-20 OF THE CITY OF BROOKFIELD, WISCONSIN

Page 1 of 1



Original Bartender/Operator License for an applicant with a record: Julie A. Schmidt

WHEREAS, the Legislative and Licensing Committee of the City of Brookfield has recommended approval of an Original Bartender/Operator License for the following applicant with a record: Julie A. Schmidt.

BE IT RESOLVED, by the Common Council of the City of Brookfield that it hereby affirms the recommendation of the Legislative and Licensing Committee to grant the license.

Adopted by the Common Council this _______ day of ______________, 2020.

Approved:



Publication Date:


Page 1 of 1



Renewal Bartender/Operator Licenses for the listed applicants.

WHEREAS, the Legislative & Licensing Committee of the City of Brookfield has recommended approval of Renewal Bartender/Operator Licenses for the listed applicants who have met the applicable qualifications of Chapter 125 of the Wisconsin Statutes and Brookfield Municipal Code.


Blake, Timothy P. Bodden, Steven R. Checkai, Kenneth L.

Dufek, Christine M. Johnson, Paul T. Jones, Alicia J. Jones, Alissa A. Jung, Ryan S. Krause, Mark J.

Lechman, John A. Lichter, Joyce L. Manning, Kevin M. Nichols, Jessica L. Schmidt, Marcia J. Urpanil, Elizabeth A. Will, Carol L. Williams, Mareana C.


Approved:




Page 1 of 1

Committee: Legislative & Licensing Committee Date: May 19, 2020 Committee Action: Approval 5-0


Renewal Class B Beer Licenses – 6 months.

WHEREAS, the Legislative & Licensing Committee of the City of Brookfield has recommended approval of Renewal Class B Beer Licenses – 6 months for the following applicants who have met the applicable qualifications of Chapter 125 of the Wisconsin Statutes and Brookfield Municipal Code.


Brookfield Bulldogs/Bluesox Baseball Clubs Inc.; d/b/a: Bulldogs/Bluesox Baseball Clubs 18875 Wilderness Way (McCoy Field); Agent: Jason A. Booth

Brookfield Jaycees Inc.; d/b/a: Brookfield Jaycees 2585 Pilgrim Road (Wirth Park); Agent: Alan B. Nosbusch


Approved:




Page 1 of 3



Renewal Alcohol Licenses

WHEREAS, the Legislative & Licensing Committee of the City of Brookfield has recommended approval of Renewal Alcohol Licenses for the following applicants who have met the applicable qualifications of Chapter 125 of the Wisconsin Statutes and Brookfield Municipal Code.


CLASS A BEER 124th Street Inc.; d/b/a: Brookfield Place BP 3075 N. 124th Street; Agent: Didar Singh CLASS A BEER & LIQUOR Bar Stars Bartending Service LLC; d/b/a: Bar Stars Bartending Service 200 S. Executive Drive, #101; Agent: Janine Y. Rajchel Wisconsin CVS Pharmacy LLC; d/b/a: CVS Pharmacy #6855 17165 W. Bluemound Road; Agent: Patrick J. McGrath Sendik’s Market Elmbrook; d/b/a: Piggly Wiggly #118 2315 N. 124th Street; Agent: Anthony B. Sendik Sendik’s Fine Foods Inc.; d/b/a: Sendik’s Fine Foods 18985 W. Capitol Drive; Agent: Thomas Balistreri III Sukh Corporation; d/b/a: Westbrook Beverage Center 13430 W. Greenfield Avenue; Agent: Sukhpreet Kaur CLASS B BEER Metro Cigars Brookfield LLC; d/b/a: Metro Cigars 13640A W. Capitol Drive; Agent: Jennifer L. Groh The Ponds of Brookfield LLC; d/b/a: The Ponds of Brookfield 2810 N. Calhoun Road; Agent: Robert R. Perry


Page 2 of 3

CLASS B BEER & WINE Café Manna LLC; d/b/a: Café Manna 3815 N. Brookfield Road; Agent: Robin S. Kasch PHO ONE of Brookfield LLC; d/b/a: PHO ONE24 3705 N. 124th Street, Suite 400; Agent: Nhan N. Tran CLASS B BEER & LIQUOR Belva L. Bailey; d/b/a: Belle’s Castle Inn 13170 W. Greenfield Avenue; Agent: Belva L. Bailey Bluemound Bowl & Entertainment Center LLC; d/b/a: Bluemound Bowl 12935 W. Bluemound Road; Agent; Henry T. Posnanski Brookfield Hills Golf Course Inc.; d/b/a: Brookfield Hills Golf Course 16075 Pinehurst Drive; Agent: Linda A. Stiloski Franklynn Development LLC; d/b/a: Brookfield Indoor Soccer Complex 19485 W. Lisbon Road; Agent: Frank G. O’Connor Brunch BKD LLC; d/b/a: Brunch 18895 W. Capitol Drive, Suite 103; Agent: Morgan K. Schnabl George D. Incorporated; d/b/a: Capitol Café/Grecian Inn Restaurant 14375 W. Capitol Drive; Agent: George I. Dimitropoulos Marty’s Brookfield Inc.; d/b/a: Marty’s Pizza 16680 W. Bluemound Road; Agent: Edward H. Bautz Restaurant of Brookfield; d/b/a: Parkside 23 2300 Pilgrim Square Drive; Agent: George N. Flees New Taste of India LLC; d/b/a: Taste of India 17115 W. Bluemound Road, Suite D1; Agent: Manjit Singh RESERVE CLASS B BEER & LIQUOR Krause Properties LLC; d/b/a: Krause Food Service 21600 W. Capitol Drive; Agent: Mark J. Krause PEDD CLASS B BEER & LIQUOR


Page 3 of 3

Whirly Brookfield LLC; d/b/a: Whirlyball 185 S. Moorland Road; Agent: Greg L. Pyburn


Approved:



EXCERPTS OF MINUTES OF AN OFFICIAL MEETING:

Regular / Special Meeting: Legislative & Licensing Committee Date and Time: Tuesday, May 19, 2020 @ 6:30 pm Location: Council Chambers at City Hall, 2000 N Calhoun Road, Brookfield or

via Zoom (optional) Members Present: Alderman Gary Mahkorn*, Alderman Brad Blumer, Alderman Bill Carnell,

Alderman Mark Nelson, Alderman Rick Owen (*Designates Chair) Others Present: Attorney Jenna Merten, City Clerk Kelly Michaels, Julie Schmidt

a) Appointment of a citizen member to the Ethics Board – Monica Riederer.

Motion by Alderman Nelson, second by Alderman Blumer to approve appointment of a citizen member to the Ethics Board – Monica Riederer. Motion carried 5-0.

ORDINANCE #___________OF THE CITY OF BROOKFIELD, WISCONSIN

Page 1 of 2

Committee: Legislative & Licensing Committee Committee Date: May 19, 2020 Committee Recommendation:[Appr/Deny #-#]

Public Hearing: n/a Council Date: June 2, 2020 Council Action: [Appr/Deny #-#]

Repealing and Recreating Subsection 5.24.070.C to Authorize the City Clerk to Issue Operator’s Licenses for Certain Applicants

The Common Council of the City of Brookfield do ordain as follows:

PART I. Subsection 5.24.070.C is repealed and recreated to read as follows:

C. Operator’s Licenses. 1. Pursuant to Wis. Stat. Sec. 125.17(1), the city clerk may issue an operator’s license

for any applicant who is qualified under Wis. Stat. Sec. 125.04(5) and has not been charged, ticketed, cited, or arrested for any violation of state, federal, or local laws, except parking tickets, within the past five (5) years. The city clerk shall refer all other applicants to the Legislative and Licensing Committee and Common Council for consideration.

2. Operator’s licenses are valid for two years upon issuance, except that each license shall be deemed to have been issued July 1 and shall expire on June 30 of the second year.

PART II. All ordinances and parts of ordinances contravening the provisions of this ordinance are hereby repealed.

PART III. If any section or portion of this ordinance 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 ordinance. The remainder of the ordinance shall

remain in full force and effect.

PART IV. The provisions of this ordinance shall be in full force and effect from and after its passage

and publication.

Adopted this 2nd day of June, 2020.

Approved:


Page 2 of 2


City Clerk Kelly Michaels

Publication Date:


Page 1 of 1

Committee: Parks and Recreation Commission Committee Date: June 1, 2020 Committee Recommendation:


Consider opening or closing the Wiberg Aquatic Center for summer of 2020

WHEREAS, it is in the best interest of the City of Brookfield to provide quality of life recreation resources in a fiscally responsible manner which includes the summer operation of the Wiberg Aquatic Center, and

WHEREAS, your Parks and Recreation Commission has consider the factors of operation which include the safety of staff and patrons, facility modifications, and financial implications of the Wiberg Aquatic Center at its meeting held on June 1, 2020 and recommends the opening or closing for the summer of 2020.

NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Brookfield that the Wiberg Aquatic Center is opened or closed for the summer of 2020, and

BE IT FURTHER RESOLVED, that the proper city official(s) be hereby authorized and directed to carry out the council’s action (if required)


Approved:



May 29, 2020 TO: Parks & Recreation Commission FR: Staff RE: Wiberg Aquatic Center - 2020 Background The Wiberg Aquatic Center is a valuable community resource to the residents of Brookfield. In a typical summer season, approximately 40,000 people will utilize the facility for open swim, facility rentals, group trips and more. In addition, the Elmbrook Swim Club provides a community resource to our residents by providing competitive swim, stay in shape and adult master swimming opportunities. Due to the COVID-19 pandemic, the operation of public pools across the country has been severely impacted. Nationwide, Aquatic Facility Operators are working through various state and federal guidelines to make decisions to keep their communities/staff safe while being fiscally responsible when deciding to offer recreation opportunities. City staff has evaluated the following guidelines that relate to pool operations:

• Wisconsin Economic Development Commission – Guidelines for Entertainment and Amusement

• CDC Considerations for Public Pools, Hot Tubs, and Water Playgrounds During COVID-19

• Dept of Agriculture, Trade and Consumer Protection – Guidelines for Reopening Pools

• Guidelines to Help Businesses Safely Reopen – Waukesha County Three of the four guidelines recommend that pool capacities should be reduced to ensure adequate space for social distancing while the fourth guideline recommends groups of no more than 10 people or 10 family groups. Capacity is based on square footage of pool surface area per state pool code. The normal capacity of the Wiberg Aquatic Center is 1,141. When calculating the capacity based on FEMA suggested social distancing guidelines of 113 square feet per person, the capacity decreases to 167. During a typical summer day, the average number of visitors is 500. Considerations When analyzing whether to open or close the facility, three main areas should be considered.

1. Safety of Staff / Patrons

2. Facility Modifications

3. Financial/Budget Implications (includes limited capacity)

Department of Parks, Recreation & Forestry

2000 N. Calhoun Road Brookfield, WI 53005-0595

(262) 796-6675

https://wedc.org/wp-content/uploads/2020/05/COVID-19-Entertainment-and-Amusement-Service-Guidelines_1.pdf

https://www.cdc.gov/coronavirus/2019-ncov/community/parks-rec/aquatic-venues.html

https://datcp.wi.gov/Documents/ReopeningPoolsCovid19.pdf

https://www.waukeshacounty.gov/globalassets/county-executive/covid/waukesha-county-issues-guidelines-to-safely-reopen-news-release.pdf

Safety of Staff / Patrons Safety is a top priority at the Wiberg Aquatic Center. Areas we will discuss include:

• Staff Availability

• Staff Risk of Exposure

• Symptomatic or Positive COVID-19 Staff Member

• Security / Crowd Control

• Designated COVID-19 Coordinator (DATCP)

• Social Distancing of Patrons Facility Modifications Guidelines recommend modification to aquatic facilities including but not limited to the following:

• Limited capacity • Limited use of locker room areas • No locker usage • Deck furniture removed • Drinking fountains turned off • Hand dryers turned off • No sand area/outdoor showers • Patrons exiting facility / pool deck through gates – no exit through pool building • Physical distancing in line for diving boards/slides OR consider closing them • Limited or no concessions • Frequency of cleaning high touch areas • No group field trips allowed • Season passes would not be offered in 2020

These modifications may have a negative impact on the overall recreation experience. Financial / Budget Implications 2020 Approved Budget Open Swim Expenses Open Swim Revenue Personnel 129,750 NR Daily Admission 85,765 FICA 9,926 Res. Daily Admission 43,104 Education & Training 1,850 Season Passes 41,000 Operating Supplies 8,000 Facility Rental 4,400 Sub Total 149,526 Concessions 2,600 Locker Rental 400 Pool Maintenance Expenses Groups 14,000 Materials & Supplies 19,650 REVENUE GRAND TOTAL 191,269 Building & Grounds 6,100 Repairs/Parts/Misc. 8,000 Natural Gas 13,500 Electricity 16,500 Summary Water & Sewer 28,000 Expenses 241,276 Sub Total 91,750 Revenue 191,269 EXPENSE GRAND TOTAL 241,276 ANNUAL SUBSIDY $50,007

New Capacity of 167 – Revenue Impact Analysis ** Historical Average Daily Attendance is 500. New capacity of 167 is 33.4% of 500. Open Swim Revenue 2020 Budget Capacity of 167 (33.4%) NR Daily Admission 85,765 28,646 Res. Daily Admission 43,104 14,397 Season Passes 41,000 0 Facility Rental 4,400 1,470 Concessions 2,600 868 Locker Rental 400 134 Groups 14,000 0 Sub Total 191,269 45,514 Subsidy 50,007 195,762

Staff Recommendation The Parks & Recreation Commission and Common Council have a difficult decision to make. After evaluating the financial implications, safety of staff/patrons, and the necessary facility modifications that will impact the recreation experience of our patrons, staff is recommending closure of the Wiberg Aquatic Center for the summer of 2020. S:\AQU\2020 COVID Summer Plan\Parks Rec Commission Report - Wiberg Aquatic Center 2020.docx


Page 1 of 1

Committee: COUNCIL as a WHOLE Committee Date: June 2, 2020 Committee Recommendation:

Public Hearing: N/A Council Date: June 2, 2020 Council Action: [Appr/Deny Vote #-#]

Temporary Use Agreement for City Property: 17055 North Avenue

WHEREAS, Waukesha County has recently awarded the reconstruction of North Avenue from Calhoun Road to 124th to Buteyne-Peterson Construction Co. (BPC), and

WHEREAS, BPC has requested that the City of Brookfield allow BPC to use City owned land adjacent to the project and located at 17055 North Avenue for the temporary storage and processing of construction materials and equipment, and

WHEREAS, City staff has developed the attached Temporary Use Agreement establishing the terms and conditions under which BPC be allowed to use City property;

NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Brookfield that BPC is authorized to use City owned property located at 17055 North Avenue and as further described in Exhibit A of the attached agreement, and

BE IT FURTHER RESOLVED, that the proper city official(s) be hereby authorized and directed to execute the attached Agreement establishing the terms and conditions of use.


Approved:



MEMORANDUM TO: COMMON COUNCIL FROM: Jeffrey M. Chase, P.E., City Engineer DATE: May 27, 2020 SUBJECT: Temporary Use Agreement for City Property 17055 North Avenue _____________________________________________________________________________________ Waukesha County Has recently awarded the North Avenue Reconstruction project to Buteyn Peterson Construction Co. (BPC). BPC has requested the City allow BPC to use City owned property located at 17055 North Avenue to store and process construction materials and equipment during the construction project. BPC would be responsible for the restoration of the property to existing or better condition at the completion of the project, which is anticipated to be late 2021. Staff has developed the attached Temporary Use Agreement establishing the terms and conditions under which BPC would be allowed to use City property. Staff recommends the Common Council authorize and direct the proper City Officials to execute the Attached Agreement.

CITY OF BROOKFIELDEXHIBIT A

NORTH AVE

CA

LH

OU

N R

D

AutoCAD SHX Text

J:\LIBBY\Chase\2020-05-20 NORTH AVE EXHIBIT.dwg Shari Libby May 20, 2020 Shari Libby May 20, 2020Shari Libby May 20, 2020 May 20, 2020May 20, 2020

1

Agreement for Entry onto Property City of Brookfield and Buteyn-Peterson Construction Co. INC.

This agreement is entered into this day of ________________, 2020 (“Effective Date”) between the City of Brookfield, a Wisconsin municipal corporation and Buteyn-Peterson Construction Co. INC. (“BPC”) to allow BPC to enter, store, stage and process construction-related equipment and materials, including vehicles, on land owned by the City located approximately at 17055 West North Avenue (the “Land”), as further depicted in the yellow, striped area on Exhibit A.

WHEREAS, BPC is interested in using Land from the City to enter, store, stage and process construction materials including but not limited to recycled pavement and topsoil, and to store construction-related equipment, including vehicles, for the reconstruction of North Avenue; and

WHEREAS, City wishes to accommodate BPC’s request, but limit its liability in case BPC or a third party suffers any injury or damages.

NOW, THEREFORE, the City and BPC agree as follows:

1. The City authorizes BPC to enter, store, stage and process construction materials including but not limited to, recycled pavement and topsoil, and to store construction-related equipment, including vehicles, subject to the conditions of this Agreement.

2. This authorization is valid from the Effective Date until December 18, 2021.

3. BPC shall maintain insurance throughout the duration of this Agreement.

a. BPC’s insurance policies must be procured from insurance companies rated A-VII or better by the current edition of Best Insurance Reports published by A.M. Best Company for the following types and amounts, except for worker's compensation insurance:

i) Commercial General Liability Insurance, on a primary and noncontributory basis, with policy limits of not less than $1,000,000.00 each for bodily injury, property damage, and personal/advertising injury liability, and naming the City as an additional insured. Coverages shall include contractual liability for risks assumed in this Agreement.

ii) Motor Vehicle Liability Insurance, on a primary and noncontributory basis, with coverage for “any auto” with combined single limits of not less than $1,000,000.00 per occurrence, and naming the City as an additional insured. Coverages shall include contractual liability for risks assumed in this Agreement.

iii) Workers Compensation Insurance providing statutory benefits and limits which shall fully comply with all applicable Wisconsin and federal and employer's liability insurance limits of not less than $100,000.00 per accident or disease and $500,000.00 aggregate by disease.

2

iv) Umbrella Insurance, on a primary and noncontributory basis, with policy limits of not less than $2,000,000, and naming the City as an additional insured.

b. BPC shall also provide the City with a waiver of subrogation endorsement and notice of cancellation endorsement for each coverage required above.

c. A certificate of insurance and all endorsements shall be sent to the City Attorney’s office for approval prior to execution of the Agreement.

4. BPC shall restore City property to existing or better condition prior to the termination of this agreement.

5. BPC shall indemnify, hold harmless, and defend the City its elected and appointed officials, officers, employees, authorized representatives, and authorized volunteers and each of them from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys’ fees, costs, and expenses of whatsoever kind or nature brought by a third party arising as a result of BPC’s presence on the Land, and in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of BPC or of anyone acting under its direction or control or on its behalf in connection with or incident to this Agreement pertaining to its presence the Land, other than those relating to conditions existing prior to BPC’s entry onto the Land or to the extent caused by the sole negligence or willful misconduct of the City or its elected and appointed officials, officers, employees, authorized representatives, and authorized volunteers. This Indemnity Provision shall survive the termination or expiration of this Agreement. BPC shall reimburse the City, its elected and appointed officials, officers, employees, authorized representatives, and authorized volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. BPC’s obligation to indemnify shall not be restricted to insurance proceeds, if any received by the City, its elected and appointed officials, officers, employees, authorized representatives, or authorized volunteers.

(Signature page to follow).

3

CITY OF BROOKFIELD: By: ___________________________ Date: _____________________ Steven V. Ponto, Mayor By: ___________________________ Date: _____________________ City Clerk

Buteyn-Peterson Construction Co. INC. By: ___________________________ Date: _____________________ NAME

4

Exhibit A


Page 1 of 6

Committee: Committee as a Whole Committee Date: June 2, 2020 Committee Recommendation:


An Ordinance to Temporarily Provide Regulations on Temporary Premise Extensions,

Temporary Use Permits, and Portable Storage Units

The Common Council of the City of Brookfield do ordain as follows:

PART I. WHEREAS, due to the COVID-19 global health pandemic, the Centers for Disease Control (“CDC”) has issued recommendations to prevent the spread of virus, including social distancing guidelines;

WHEREAS, the recommended social distancing guidelines reduce the amount of space available to patrons in restaurants and bars;

WHEREAS, to assist businesses in regaining their economic footing and to promote the health, safety, and welfare of the general public, temporary measures to increase the size of premises in restaurants and bars are desirable.

NOW, THEREFORE, the Common Council of the City of Brookfield do ordain as follows:

SECTION I. Auxiliary regulations to Chapter 5.24, entitled “Intoxicating Liquor and Fermented Malt Beverages” for a Temporary Premise Extension.

A. Process:

1. Temporary Premise Extension (TPE) requests will be reviewed and granted by the Common Council, without input from the Legislative and Licensing Committee.

2. TPE applicants will also need to obtain a Temporary Use permit under §17.108.040 City of Brookfield Code as modified by this ordinance.

B. Expiration:

1. Any TPE granted to a current 2019-2020 licensee will expire on June 30, 2020, and will be automatically continued if a renewal application is granted.

2. Any licensee whose 2020-2021 renewal application has been granted, but not yet issued, may apply for TPE and the automatic continuation and expiration dates stated above will apply.

C. Conditions to be imposed on granted TPEs:


Page 2 of 6

1. Licensees understand and agree that the TPE expires earlier than the general alcohol license issued by the City.

2. Premise Extension areas must be enclosed with some form of fencing to delineate the Premise Extension. This fencing is a temporary exception to the general fence prohibition found in §15.04.340.

3. No service bars are allowed and no alcohol may be stored in the Premise Extension area. Only the sales transaction, service and consumption by the customer is allowed in the Premise Extensions area.

4. Only licensed premise employees may serve and transport alcohol to patrons in the Premise Extension area. Patrons are prohibited from carrying alcohol back and forth between the Premise Extensions area and the main licensed premises.

5. Premise Extension areas must close by 9:00 p.m., Sunday through Thursday and 10:00 p.m. on Friday and Saturday.

6. No amplified music, television, or projected images are allowed in the Premise Extension or from outside the Premise Extension for the customers within the Premise Extension.

7. Any lighting must not shine onto neighboring properties and must be wired according to NEC standards. No extension cords are allowed to be located in any area open to pedestrian or vehicle traffic.

D. Applicants must use the City’s Temporary Premise Extension & Temporary Use form and include the following, as applicable:

1. Current alcohol license number.

2. A site plan with the following information:

a. Locations and dimensions of the currently licensed Premise and the proposed Premise Extension area to be used for the sale, service or consumption of alcohol beverages, if applicable.

b. North shall be indicated on the plan by an arrow and the letter “N” to indicate orientation of the premises.

c. The location of the fencing, tables and seating as required herein; lighting; driveways; street right-of-way(s); sidewalk; trash control, if any; storage unit(s), if any; and the ingress/egress into the Premise Extension.


Page 3 of 6

d. Setback and offset distances for the zoning district in which the premise is located.

e. The location of substitute parking, if the Premise Extension area is located in a parking area.

f. Distance to contiguous properties that are zoned or used for residential purposes.

3. Proposed inside and outside seating capacity, which combined may not exceed total current maximum seating capacity, and the number of bathrooms.

4. Information that shows the City’s parking requirements will be met if using the parking lot for the Premise Extension. The information can take various forms such as written permission for use of contiguous property, hours of operation for other entities using the parking lot, or the number of occupants and employees in a neighboring business. These parking provisions are a temporary exception to the requirements of §17.120.

5. Type of space heater(s) and specifications sheet, if any.

6. Size of enclosed storage unit, if any, and the contents to be stored inside.

E. Requirements for approval. The Common Council may grant extension requests only if the following requirements are met.

1. Premise Extension areas shall not be located within two hundred (200) feet of other property zoned or used for residential purposes. For purposes of this subsection, measurements shall be made from the boundary of the Premise Extension area to the building on other property zoned or used for residential purposes.

2. Premise Extension areas shall not be located in City easements, City sidewalks, or street right-of-ways.

3. Applicants for TPE must have a valid alcohol license, if the applicant desires to serve alcohol in the TPE area.

4. The area which the licensee wishes to include in the Premise Extension must be on the same parcel site and contiguous to the licensed premises and must either be owned by or be under the control of the licensee for the entire period that a TPE is requested or November 30, 2020. 5. Trash control, parking, bathroom facilities, fencing, seating spacing, and fire department access are sufficient for the public’s health, safety, and welfare for the proposed occupancy.


Page 4 of 6

6. Premise Extension areas must be located in an area that preserves the turning radius of the City’s fire department vehicles as indicated on the application form and outside of the fire lane and handicap parking spots.

7. Outdoor storage units must be located in compliance with the Fire Code (minimum 10’ away from building) and must not block access to doors, windows, or the fire lane.

8. Outdoor seating must be located as follows: all seating shall have safety aisles of six feet between seating groups based on 20 square feet per seat, with no seating directly in the path of Premise Extension area’s or building’s egress, and accommodations for handicap accessibility.

9. The proposed number of seating does not exceed the current maximum seating capacity of the premises, split between indoor and outdoor seating as the applicant desires, as long as outside seating complies with the locational requirements herein.

10. No portable bathrooms are proposed or located on the premises.

F. No alcohol licensed premise may operate in a Premise Expansion area without a TPE and a Temporary Use permit as modified by this Ordinance.

G. Any request for a permanent licensed premise expansion should follow the standard procedures in Ch. 5.24.

SECTION II. In order to facilitate the issuance of Temporary Use permits under §17.108.040,

entitled “Temporary uses, Procedure,” applications for a Temporary Use at bars and restaurants will not be processed under be §17.108.040.E., but under this modified procedure:

1. Applicants will use the City’s Temporary Premise Extensions & Temporary Use form described in Section I of this Ordinance.

2. The zoning and building administrator will follow the provisions of subdivision E.2., except that the application will not be forwarded to the plan review board.

3. The zoning and building administrator will determine whether to grant the permit and will issue permits, with or without conditions, and denials.

SECTION III. Section 17.108.040.H. entitled “Temporary Uses, Appeals” is modified only as follows:


Page 5 of 6

Decisions by the zoning and building administrator on an application for Temporary Use for expanding premises or for outdoor storage under this ordinance may be appealed to the Legislative and Licensing Committee whose determination shall be final.

SECTION IV. Section 17.112.030 entitled “Maintenance and use of setback and offset area” is inapplicable to the applications and permits for TPE or Temporary Use authorized by this Ordinance only.

SECTION V. Business establishments may apply to utilize a temporary portable storage container on their property in compliance with the following conditions:

1. The temporary portable storage container must not be located in the fire lane or block access to doors or windows of a structure, be located 10 feet from the structure for which it is providing storage, and preserve fire truck access to all buildings and structures.

2. The temporary portable storage container must not be located in the setback or offset area of the property, or in City easements, City sidewalks, or street right-of-ways.

3. No more than one temporary portable storage container per applicant.

4. An application for a Temporary Premise Extensions & Temporary Use described in Section I of this Ordinance must be filed and a permit granted. The procedure set forth in Section II, numbers 2 and 3, of this Ordinance are hereby incorporated by reference as part of this Section V.

SECTION VI. No fees are required for the permits available under this Ordinance.

SECTION VII. Applications for the permits available under this ordinance will be accepted through November 1, 2020, and all permits granted under this ordinance will expire on November 30, 2020.

SECTION VIII. This Ordinance expires December 1, 2020, and therefore, it will not be codified.

SECTION IX. Any person who violates this Ordinance shall be subject to the penalty and enforcement

provisions in Chapter 1.12. Further, any violation of this Ordinance by a licensee or permittee may

subject its permit(s) or license(s) to suspension, revocation, or nonrenewal.


Page 6 of 6

SECTION X. If any section or portion of this ordinance 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 ordinance. The remainder of the ordinance shall remain

in full force and effect.

SECTION XI. The provisions of this ordinance shall be in full force and effect from and after its passage

and publication.

Adopted this 2nd day of June 2020.

Approved:



Publication Date:

Date post:	24-Nov-2021
Category:	Documents
Upload:	others
View:	8 times
Download:	0 times