Alderman Berg's personal commentary on the item, if any, appears in this typeface. Alderman Berg takes sole responsibility for the comments and they might not represent the official policy of the City of Brookfield or the opinions of other individual alderman.

THESE ARE THE MINUTES OF A REGULAR COMMON COUNCIL MEETING HELD AT 7:45 P.M., TUESDAY, MAY 15, 2001, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR KATHRYN BLOOMBERG IN THE CHAIR

ALDERMEN PRESENT: Gary Mahkorn, Daniel Waffenschmidt, Thomas Schellinger, Kari Clappier, Brad Steinke, Howard Washechek, Steven Ponto, Jim Heinrich, Richard Brunner, Donald Bauer, Michael Jakus, Jim Garvens, Karl Schulz

ALDERMEN ABSENT & EXCUSED: Scott Berg

ALSO PRESENT: City Attorney Sue Schalig, Director of Administrative Services Dean Marquardt, City Clerk Kris Schmidt, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Zoning Administrator Larry Goudy, Human Resources Director Jim Zwerlein, Fire Chief John Dahms

Mayor Bloomberg called the meeting of the Common Council to order at approximately 7:45 p.m.

Alderman Schulz led the Council in the Pledge of Allegiance to the American Flag.

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of May 1, 2001. The motion was seconded by Alderman Jakus and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION/BOARD OF PUBLIC WORKS

The next item was the Plan Commission's actions and recommendations as represented in the Regular Plan Commission/Special Board of Public Works minutes of May 7, 2001, including the Plan Review Board minutes of April 19, 2001.

The first item was the PLAN COMMISSION RECOMMENDATION to extend the ordinance on the moratorium on development of the Ruby, Inc. and Journal Communications lands located west of Calhoun Road south of Bluemound Road for purposes of completing and implementing the Calhoun Road South Neighborhood Plan.

The Plan Commission recommended extension of the moratorium until October 3, 2001.

Alderman Jakus moved adoption of the recommendation from the Plan Commission. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Schulz moved adoption of the Ordinance continuing the moratorium on development in Area #5 of the Bluemound Road-Wisconsin Avenue Corridor Land Use Plan until October 3, 2001. The motion was seconded by Alderman Jakus. A roll call vote was taken and carried unanimously. Ordinance No. 1800*

The next item was the request of the Simon Group, W331 S4040 Connemara Dr., Dousman, WI 53118, Scott Simon, Representative, for approval of Planned Development District - Residential No. 3 and Subdivider's Agreement for Weston Heights, a ten lot single-family residential subdivision with reduced building setbacks, offsets, tree preservation and replacement requirements. (The subdivision is an extension of Edmonton Drive in Weston Hills.) (SE 1/4 of Sec. 32)

The Plan Commission recommended approving the proposal with the recommendation that the developer agrees to pay for and install a retention pond upon the City's request.

Alderman Schulz moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Jakus and carried unanimously.

Alderman Schulz moved approval of the Resolution approving the General Plan and Specific Development Plan for "Weston Heights" development, developed by the Simon Group. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6742*

Alderman Schulz moved adoption of the Ordinance rezoning the lands to be described as "Weston Heights" to "PDD" Planned Development District-Residential No. 3, as articulated in the Final Plat of Weston Heights, Master Grading Plan, Buildable Area Exhibit and Subdivider's Agreement. The motion was seconded by Alderman Jakus. A roll call vote was taken and carried unanimously. Ordinance No. 1801*

Alderman Schulz moved the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission/Special Board of Public Works minutes of May 7, 2001, including the Plan Review Board of April 19, 2001, except to table the Gabel/Carrier addition to Muirwood and refer it back to the Plan Commission. The motion was seconded by Alderman Jakus and carried unanimously.

FINANCE COMMITTEE - Alderman Garvens, Chairman

Alderman Garvens moved approval of the Vouchers exceeding $50,000 requiring immediate action. The motion was seconded by Alderman Schellinger and carried unanimously.

Alderman Garvens moved approval of the Resolution transferring funds requested by the Directors of Administrative Services and Information Technology: $15,000 from the Contingency account #101-910-590 to the Information Technology account #101-203-560, for city-wide telecommunications study. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6743*

LEGISLATIVE & LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of twelve original bartender licenses and approval of three Renewal Bartender Licenses. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

There was no action taken on the Appealed Bartender License.

Alderman Jakus moved approval of Item #7d - three Renewal Class A Combination licenses: Osco Drug #1323, 13980 W. Greenfield Ave.; Pick 'N Save Warehouse Foods, 17630 W. Bluemound Rd.; and Pick 'N Save, 12735 W. Capitol Drive; Item #7e - one Renewal Class B Beer & Class C Wine license: Sgt. Pepperoni, 17495 W. Capitol Drive; and Item #7f - twelve Renewal Class B Combination licenses: Bluemound Bowl, 12935 W. Bluemound Rd.; Brookfield Hills Golf Course, 16075 Pinehurst Dr.; Cali's Grille Room, 1005 S. Moorland Rd.; Chi-Chi's Mexican Restaurante, 18365 W. Bluemound Rd.; Embassy Suites Hotel, 1200 S. Moorland Rd.; Grasch Foods, 13950 W. North Ave.; Highlander Racquet Club, 13825 W. Burleigh Rd.; Jake's, 21445 Gumina Rd.; Marty's Pizza, 16680 W. Bluemound Rd.; Outback Steakhouse, 1260 S. Moorland Rd.; Pepino's on Capitol, 17065 W. Capitol Dr.; and Sidetrack Bar, 2835 N. Brookfield Road. The motion was seconded by Alderman Steinke and carried unanimously.

Alderman Jakus moved adoption of the Ordinance deleting Section 2.04.170 of the Mun. Code relating to Actions on Appropriations. The motion was seconded by Alderman Steinke. A roll call vote was taken and carried unanimously. Ordinance No. 1802*

Alderman Jakus moved adoption of the Ordinance repealing and recreating Chapter 15.16 of the Mun. Code, also known as the Sign Code, with the amendment to p. 14, Section D.1.a. and p. 17, Section B.1.a. to read, "The base of the sign must be constructed of masonry or aluminum products. The tone and texture of the base shall reflect the principal building construction as close as possible." The motion was seconded by Alderman Clappier. A roll call vote was taken and carried unanimously. Ordinance No. 1803*

PERSONNEL COMMITTEE - Alderman Ponto, Chairman

Alderman Ponto moved adoption of the Ordinance establishing salaries of certain elected officials commencing with their new term of office in April 2002. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1804*

See: Brookfield Alderman's Salary

Alderman Ponto moved adoption of the Ordinance amending Ord. #1711 - the 2001 Salary Ordinance - to establish the position of Chief of Staff for Administration and Policy, including the salary for such position; and to adjust the salary for the positions of Director of Public Works and Director of Human Resources. The motion was seconded by Alderman Washechek. A roll call vote was taken and carried unanimously. Ordinance No. 1805*

Alderman Ponto moved adoption of the Ordinance amending the Mun. Code by changing references from Director of Administrative Services to Chief of Staff for Administration and Policy. The motion was seconded by Alderman Schulz and carried unanimously. Ordinance No. 1806*

Alderman Ponto moved approval of the Resolution approving the appointment of Chief of Staff for Administration and Policy, Dean Marquardt. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6744*

This action came up in the 2002 mayor's race. Candidate Speaker's campaign literature claimed that the mayor's office added a new position at a salary of $75,000. In fact, as this series of counsil actions shows, this was a reclassification of an existing position, an expansion of the duties for that position, and a modest raise to reflect the greater responsibilities. Dean Marquardt had been working for the city for over 10 years in a variety of positions and was promoted into this newly reclassified position.

Alderman Ponto moved approval of the Resolution approving the appointment of the Director of Human Resources, James Zwerlein. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6745*

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Final Resolution authorizing the installation of street lighting and levying of special assessments - Executive Drive Street Lighting Project #2001-SL-1. The motion was seconded by Alderman Washechek and carried unanimously. Final Resolution No. 6746*

Alderman Schulz moved approval of the Resolution rejecting the lowest bidder (due to an error in its bid) for the Executive Drive Street Lighting Project #2001-SL-1 and awarding the bid to the second lowest bidder J.F. Edwards Construction Company in the amount of $213,770. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6747*

Alderman Schulz moved approval of the Jurisdictional Transfer Agreement for Lisbon Road, Hampton Avenue, Moorland Road, Barker Road, North Avenue, Calhoun Road and Pilgrim Road. The motion was seconded by Alderman Bauer.

Alderman Ponto moved to table the resolution to the June 5, 2001 Common Council meeting. The motion was seconded by Alderman Jakus and carried unanimously.

Alderman Schulz moved approval of the Resolution approving the Declaration of Easement between the City of Brookfield and Wisconsin Memorial Park Company, Inc. relative to the Lamplighter Park drainage area (storm sewer and surface water drainage purposes), subject to proper legal review. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6748*

Alderman Jakus moved to table the Resolution authorizing the use of eminent domain powers to obtain an easement between the City of Brookfield and Wisconsin Memorial Park Company, Inc. relative to the Lamplighter Park drainage area (storm sewer and surface water drainage purposes). The motion was seconded by Alderman Schulz and carried unanimously.

SEWER AND WATER BOARD - Alderman Washechek, Chairman

Alderman Washechek moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments against benefited property for the Brookfield Road/Burleigh Road/Capitol Drive Water Main Project #2001-WM-01. The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 6749*

Alderman Washechek moved approval of the Resolution awarding the bid for the Brookfield Road/Burleigh Road/Capitol Drive Water Main Project #2001-WM-01 to United Sewer & Water, Inc. for $520,040. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6750*

Alderman Washechek moved approval of the Resolution awarding the bid for Burlawn Service Area Sanitary Sewer Relay and Microtunnel Project #SS-4-99 to Super Excavators, Inc. for $2,220,312. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6751*

COUNCIL AS A WHOLE

Alderman Washechek moved adoption of the Ordinance repealing Section 2.04.011 of the Mun. Code relating to length of aldermanic terms and staggering of same to four-year staggered term. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried Ayes 10, No's 3 with Aldermen Ponto, Heinrich and Schellinger voting no. Ordinance No. 1807*

There were no appointments from the Mayor.

Alderman Washechek moved to adjourn. The motion was seconded by Alderman Waffenschmidt and carried unanimously. 10:25 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9735

REGULAR COMMON COUNCIL PAGE 9736 MAY 15, 2001