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, APRIL 16, 2002, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding

ALDERMEN PRESENT: Thomas Schellinger, Steven Ponto, Richard Brunner, Jim Garvens, Scott Berg, Kari Clappier, Gary Mahkorn, Jim Heinrich, Brad Steinke, Daniel Waffenschmidt, Jerry Wolff, Jack Shaw, Mike Franz, Karl Schulz

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Finance Robert Scott, Chief of Staff Dean Marquardt, Director of Parks & Recreation Bill Kolstad, City Engineer Jeff Chase, Director of Information Services Fred Miller, Director of Community Development Dan Ertl, Fire Chief John Dahms, Police Chief Dan Tushaus, Director of Library Services Edell Schaefer, Planning Administrator Mike Theis, Assistant City Attorney Karen Flaherty, Highway Superintendent Terry Starns, Deputy Finance Director Therese Hrica, Assistant Chief of Police Dean Collins

• The 24th Common Council was called to order.
• Circuit Court Judge Marianne Becker swore-in Municipal Judge Richard J. Steinberg.
• Mayor Kathryn Bloomberg made remarks.
• The new aldermen were introduced.
• The 24th Common Council was adjourned.

• Circuit Court Judge Marianne Becker and the Municipal Judge Steinberg swore-in Jeff R. Speaker, Mayor, and all the aldermen of the 25th Common Council.
• Participants included Governor Scott McCallum, Police and Fire Chaplain Viviane Thomas-Breitfeld, 33rd State Senator Ted Kanavas, and 99th Assembly Representative Frank Urban. Patty Yttre sang the Star Spangled Banner.
• The 25th Common Council was called to order.

Brianna and Kaitlin Speaker led the Common Council in the Pledge of Allegiance to the American Flag.

Technically, Jeff Speaker became Mayor of Brookfield at 12:01 a.m. that day, without taking an oath. On about the same date, Oconomowoc's outgoing mayor chaired a council meeting after that time, and all the items approved in that meeting were ruled invalid. That's why the last "Common Council Meeting" chaired by outgoing Mayor Bloomberg really did nothing except acknowledge the retiring aldermand and introduce the incoming ones.

No one requested to speak during the 15 minutes set aside for the public to address the Council.

Next item of business was the Election of Council President.

Alderman Heinrich moved to nominate Alderman Steve Ponto. The motion was seconded by Alderman Waffenschmidt. Alderman Franz moved to nominate Alderman Tom Schellinger. The motion was seconded by Alderman Berg. Alderman Mahkorn moved to nominate Alderman Karl Schulz. The motion was seconded by Alderman Steinke.

Alderman Shaw moved to close nominations. The motion was seconded by Alderman Garvens.

A number of ballots were taken with no majority for any of the candidates. A recess was taken at 9:15 p.m. and the Council reconvened at 9:25 p.m.

A simple majority of eight (8) votes was needed. All the ballots came in as 6-7 for Alderman Ponto, 6-7 for Alderman Schultz and 1-2 for Alderman Schellinger. None of the alderman was happy with the deadlock. During the recess, the suggestion was made to nominate Alderman Waffenschmidt as a compromise candidate due to his moderate views and excellent reputation.

Alderman Garvens moved to re-open nominations. The motion was seconded by Alderman Shaw and carried Ayes 13, No's 1 with Schellinger voting no.

Alderman Steinke moved to nominate Alderman Dan Waffenschmidt. The motion was seconded by Alderman Berg.

Alderman Shaw moved to close nominations. The motion was seconded by Alderman Berg.

Balloting continued without a majority of votes being given to any candidate. A second recess was taken at 9:38 p.m. and the Council reconvened at 9:44 p.m.

All the ballots came in as 6-7 for Alderman Ponto, 4-7 for Alderman Schultz, 1-3 for Alderman Waffenschmidt and 1 for Alderman Schellinger. In retrospect, Alderman Waffenschmidt should not have been offered up as a candidate until the deadlock had gone on for MANY more ballots.

After seven rounds of ballots, Alderman Steve Ponto was elected Council President.

This was by far the most bizarre bit of parliamentary procedure in recent memory for this council. It took seven (7) ballots to elect Steve Ponto as Council president with exactly the eight (8) votes needed. The Council President makes most of the aldermanic committee appointments, so there is a great deal of power exercised in the first week of office. This position is also recognized as a leadership position on agendas, etc.

Alderman Berg believes this vote highlights the high caliber of all the council members, with several of them being credible candidates for the key position of Council President during this mayoral transition period.

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of March 19, 2002. The motion was seconded by Alderman Schulz and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The City Clerk referred to the Plan Commission's actions and recommendations as represented in the March 25, 2002, Regular Plan Commission meeting minutes, including the Plan Review Board minutes of March 21, 2002.

The first item was the request of the School District of Elmbrook, 13780 Hope St., Robert C. F. Borch, Assistant Superintendent, for approval of a conditional use for a proposed revised plan and method of operation and certified survey map permitting a 5,377 square foot building addition at 305 N. Calhoun Road, i.e. Swanson Elementary School. (SE 1/4 of Sec. 28)

The Plan Commission recommended to approve the conditional use, Certified Survey Map, base district rezoning, and revised plan and method of operation as recommended by staff.

Alderman Schulz moved to adopt the recommendation of the Plan Commission (conditional use, Certified Survey Map and revised plan and method of operation). The motion was seconded by Alderman Brunner and carried unanimously.

Alderman Schulz moved to adopt the Ordinance granting approval for a conditional use to Swanson Elementary School, 305 N. Calhoun Road, permitting the construction of a 5,377 sq. ft. building addition to support the district's newly created all-day kindergarten program. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No.1860*

The next item was the request of the School District of Elmbrook, 13780 Hope St., c/o Swanson Elementary School, 305 N. Calhoun Rd., to rezone the site from "R-3" Single-family Residence District, "B-3" Regional Business District and "O&LI" Office and Limited Industry District to "O&LR/C" Office and Limited Residential/Commercial District, consistent with recommendations contained in The Calhoun Road South Neighborhood Plan.

Alderman Schulz moved approval of the Plan Commission recommendation (rezoning only). The motion was seconded by Alderman Steinke and carried unanimously.

Alderman Schulz moved adoption of the Ordinance rezoning Swanson Elementary School, 305 N. Calhoun Road, from "R-3" Single-family Residence District, "B-3" Regional Business District and "O&LI" Office and Limited Industry District to "O&LR/C" Office and Limited Residential/Commercial District. The motion was seconded by Alderman Steinke. A roll call vote was taken and carried unanimously. Ordinance No. 1861*

Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission meeting minutes of March 25, 2002, including the Plan Review Board minutes of March 21, 2002. The motion was seconded by Alderman Steinke and carried unanimously.

Alderman Schulz moved approval of the Plan Commission's actions and recommendations as represented in the April 8, 2002, Regular Plan Commission meeting minutes. The motion was seconded by Alderman Steinke and carried unanimously.

Buried in these minutes was approval of the Towne Center Condominiums project. This is another high density residential project similar to Norhardt Crossing and located south of (behind) the Sendik's supermarket on Capitol Drive. All of the neighbors were informed repeatedly of the project, public information meetings and formal hearings were held, and there was very little interest and no opposition. This could be interpreted by the Plan Commission as community-wide approval of the concept of high density housing, so expect more proposed high density projects soon.

BOARD OF PUBLIC WORKS

Alderman Steinke moved to remove from the table the Resolution awarding the bid for the 2002 Road Resurfacing Project No. 2002-RR-1 to Payne and Dolan, Inc. for $1,208,365. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Schulz moved approval of the Resolution awarding the bid for the 2002 Road Resurfacing Project No. 2002-RR-1 to Payne and Dolan, Inc. for $1,208,365. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6895*

Alderman Schulz moved approval of the Resolution awarding the bid for the 2002 Curb and Gutter and Executive Drive Streetscape Improvement Project No. 2002-CG-1 to Capitol Pavers, Inc. for $430,594.50. The motion was seconded by Alderman Clappier and carried unanimously. Resolution No. 6896*

Alderman Schulz moved approval of the Final Resolution authorizing the construction of streetscape improvements and levying special assessments: Executive Drive Streetscape Improvements Project #2002-CG-1. The motion was seconded by Alderman Brunner and carried unanimously. Final Resolution No. 6897*

Alderman Schulz moved approval of the Resolution awarding the bid for the 2002 Epoxy Pavement Marking Project No. 2002-PM-1A to Guide Lines Pavement Marking LLC for $53,300. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6898*

Alderman Schulz moved approval of the Resolution awarding the bid for the Northeast Industrial Detention Pond Project No. 2000-SW-26 to Musson Brothers, Inc. for $360,538.25. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6899*

Alderman Schulz moved approval of the Resolution awarding the bid for the North Avenue Improvements at Elmbrook Hospital Driveway Project No. 2002-R-1A to Capitol Pavers, Inc. for $261,477.24. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6900*

This Elmbrook Hospital Driveway project was originally merged in with the roundabout project, but was broken out for this vote. The entire cost of the project is being reimbursed by the hospital. By having the city manage the bid, the contractor provided a cheaper cost and the connection to North Avenue is more likely to be up to the city's high standards. See: Roundabout

Alderman Schulz moved approval of the Resolution approving the Intermunicipal Agreement between the City of Wauwatosa and the City of Brookfield for the resurfacing of N. 124th Street. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6901*

Alderman Schulz introduced the Resolution vacating Bishop's Woods Court. (No action was required.)

SEWER AND WATER BOARD

Alderman Berg moved approval of the Resolution approving the In-Situ Radionuclide Control Project Contract between Aquifer Science & Technology and the City of Brookfield to provide radionuclide control services for a well in the City's water supply system, at a cost not to exceed $25,000, contingent on receipt of a grant from the Wisconsin Focus on Energy in the amount of $25,000. The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 6902*

This is the first time anyone in the world has used this technique outside the laboratory. It has the potential to solve radium and radon problems in city drinking water. See: MJS - April 2, 2002 - Technique May Flush Radium from Water

Alderman Heinrich made the point that if this treatment is so promising and may solve a water quality issue that the city will have to address anyway, then the city shouldn't make approval contingent on the grant, but rather plan on paying for it if the grant is not forthcoming. In the end, the resolution was approved as written. If the grant is denied, the city may still do the project, but will probably wait until next year to plan for it in the budget.

COUNCIL AS A WHOLE

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

Alderman Garvens moved approval of the Resolution designating public depositories and authorizing withdrawal of city monies from Tri-City National Bank, First Business Bank, Great Midwest Bank, Marshall & Illsley Bank, Mutual Savings Bank, North Shore Bank, Park Bank and Ridgestone Bank. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6894*

This does not mean that the city routinely does business with all of these banks. It only means that it could if it wanted to. Most of the city's normal operating expenses, such as payroll, are done through Tri-City National Bank. Some of the other banks have city reserve funds on deposit.

Alderman Garvens moved approval of the Request from the Highway Department to purchase two 2002 Single-Axle Patrol Truck Plow, Wing, Spreader and Dump Box Installation from Brake & Equipment for $193,034. The motion was seconded by Alderman Clappier and carried unanimously.

The purchase of the truck cab, engine, chassis, etc. wwas approved at the meeting of March 5, 2002. This is the "dump truck" back end and completes the two trucks.

Alderman Waffenschmidt moved approval of the following Original Bartender Licenses: Timothy Jacobson, Steven Zimdars, Michael Hanna, Terri M. Rodhe, Patricia Jens, Daniel Palkowski, Elizabeth Reichelt, Tracy J. Posnanski, Abbey Rice, and John Carrell III. The motion was seconded by Alderman Mahkorn and carried unanimously.

Alderman Waffenschmidt moved approval of the Original Class B Combination Beer and Liquor License to Boulder Junction, Inc., d/b/a Boulder Junction Charcoal Grill, 12550 W. Burleigh Road., Agent-Tom D. La Licata (new owner), subject to further administrative approval. The motion was seconded by Alderman Mahkorn and carried unanimously.

Alderman Waffenschmidt moved approval of the Original Class B Beer License to TRH Restaurants, Inc., d/b/a Rocky Rococo Pizza & Pasta, 95 N. Moorland Road., Agent-Charles Bruce, subject to further administrative approval. The motion was seconded by Alderman Brunner and carried unanimously.

Rocky Rococo Pizza will be replacing the video arcade area next to the west entrance of the Brookfield Square Mall food court. Alderman Berg asked if this license allows Rocky's customers take their beer into the mall common dining area. The license is specifically worded to NOT allow that.

Alderman Waffenschmidt moved approval of the Temporary Class B Beer and Wine License to St. Luke Congregation, 18000 W. Greenfield Avenue, April 27th and 28th, subject to further administrative approval of premise location. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Berg moved approval of the Resolution awarding the bid for the 2002 Sanitary Sewer Cleaning and Televising Inspection Project No. 2002-SS-1 to Visu Sewer Clean & Seal, Inc. for $84,725. The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 6903*

This television inspection of the sanitary sewer system is part of the massive upgrading of the sewer system in response to the 1997 and 1998 floods. The strategy is to inspect every sewer in town in a very short period and base repairs and upgrades on the results. The city does own this type of television equipment, but could not perform all the inspections fast enough.

Alderman Schulz moved approval of the Proclamation proclaiming April 26, 2002, as "Arbor Day". The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Heinrich moved to adjourn. The motion was seconded by Alderman Mahkorn and carried unanimously. 10:15 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9826

REGULAR COMMON COUNCIL PAGE 9825 APRIL 16, 2002