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, JULY 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, Kari Clappier, Gary Mahkorn, Jim Heinrich, Brad Steinke, Jack Shaw, Mike Franz, Scott Berg, Jerry Wolff, Richard Brunner, Karl Schulz

ALDERMEN ABSENT & EXCUSED: Jim Garvens, Vacant seat in the 2nd Aldermanic District

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Human Resources Jim Zwerlein, Director of Finance Robert Scott, Director of Park and Recreation Bill Kolstad, Recreation Superintendent John Kelliher, Fire Chief John Dahms, Police Chief Dan Tushaus

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 9:00 p.m. (A public hearing was heard previously for Zoning Code Amendments - "TND" Traditional Neighborhood Development pattern and Street Right-of-Ways.) About 40 people spoke during the segment set aside for the public to address the Council regarding the proposed skatepark at Wirth Park, which lasted about 45 minutes.

The next Common Council meeting will be August 20th.

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

Alderman Heinrich moved approval of the Regular Common Council minutes of June 18, 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 June 24, 2002, Regular Plan Commission meeting minutes.

The first item was the request of V.K. Development Corp., 19275 W. Capitol Dr., Brookfield, c/o Ajay Kuttemperoor, Project Manager, to rezone portions of lands located west of Brookfield Road and south of Lisbon Road from "O&LI" Office and Limited Industry to "R-3" Single family Residential and "C" Conservancy and "R-3" Single family Residential to "C" Conservancy to recognize the newly identified wetland boundaries associated with a proposed subdivision, "The Haven", an approximate 21 lot, "R-3" subdivision located directly west of Berkshire Subdivision.

The Plan Commission recommended approving the rezoning as it now properly matches existing environmental features and future land uses.

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

Alderman Schulz moved adoption of the Ordinance rezoning portions of lands located west of Brookfield Road and south of Lisbon Road from "O&LI" Office and Limited Industry to "R-3" Single family Residential and "C" Conservancy and "R-3" Single family Residential to "C" Conservancy to recognize the newly identified wetland boundaries associated with a proposed subdivision, "The Haven", an approximate 21 lot, "R-3" subdivision located directly west of Berkshire subdivision. The motion was seconded by Alderman Steinke. A roll call vote was taken and carried unanimously. Ordinance No. 1866*

This new subdivison, "The Haven", is located northwest of the corner of Capitol Drive and Brookfield Road. The lot prices will start at $700,000 and typical homes will sell for perhaps $3,000,000. Just 20 years ago, then Brookfield Mayor Bill Mitchell told this developer, V.K. Development, that "no home north of Capitol Drive will ever sell for more than $125,000". So much for the experts.

Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the June 24, 2002, Regular Plan Commission meeting minutes. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Schulz moved approval of the Plan Commission's actions and recommendations as represented in the July 8, 2002, Regular Plan Commission meeting minutes, which includes the Plan Review Board items scheduled to meet on June 20, 2002. The motion was seconded by Alderman Shaw and carried unanimously.

FINANCE COMMITTEE - Alderman Brunner, Acting Chairman

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

Alderman Brunner moved approval of the Resolution approving the budget transfer requested by the City Attorney: $34,680 from the Contingency Account #101-910-590 to Attorney Contracted Services #101-103-000, for the purpose of consulting services for City records management. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 6930*

Wisconsin state law requires certain records to be kept forever, some to be kept for seven years, and some may be discarded immediately. This consultant will help inventory the city's records, classify them as to how long they should be kept and create some procedures for keeping records in the future. This contract does not include making records available on-line, scanning old records into electronic form, etc.

Alderman Brunner moved approval of Item #8, the Resolution approving 2002 Capital Improvement fund budget amendment requested by the Director of Finance: reduce Police equipment expenditures, account #602-113-700-170, by $335,000, and reduce related revenue sources (Federal COPS grant - $210,000 and note proceeds $125,000); Item #9, the Resolution approving 2002 budget amendment for the Computer Replacement Special Revenue fund requested by the Director of Finance: increase note proceeds by $125,000 and decrease property tax allocation by $125,000; and Item #10, the Resolution approving 2002 budget amendment for the General Fund requested by the Director of Finance: increase revenue budget by $175,000 (property taxes-$125,000 and rental of City property-$50,000). The motion was seconded by Alderman Heinrich and carried unanimously.

Item #8 - Resolution No. 6931* Item #9 - Resolution No. 6932* Item #10 - Resolution No. 6933*

This is the first of many financial moves to balance the city's 2002 budget. This resolution cancels a project that would have upgraded the computer in a police car to enable more complex information and images to be sent via radio. This action turns down a federal grant for $210,000 for this project to save the matching $125,000 of additional city money. The actual mechanics were a bit more obscure to sidestep some legal restrictions on how the already allocated money could be spent.

Alderman Brunner moved approval of the Resolution approving 2002 budget amendment for the Employee Retirement Benefits Special Revenue fund requested by the Director of Finance: increase appropriation for Expenditure account #205-215-579-501, employee retirement expenditures by $24,000. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6934*

Alderman Brunner moved to deny the Notice of Claim - Francione. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Brunner moved approval of the Resolution awarding the bid for the City of Brookfield Library Recarpeting Project #02-0801.00 to Shaw Contract Flooring Services Inc., d/b/a Spectra Contract Flooring, for a price not to exceed $109,500. The motion was seconded by Alderman Wolff and carried unanimously. (Alderman Shaw stated he had no relationship with Shaw Contract Flooring Services Inc.) Resolution No. 6935*

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of thirteen Original Bartender Licenses and 30 Renewal Bartender Licenses. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Original Class A Combination Beer and Liquor License: Provence in Brookfield, LLC, d/b/a Catering & Cuisine by V. Richards, 21755 Gateway Rd., Agent-John E. Nehring. The motion was seconded by Alderman Shaw and carried unanimously.

The Legislative & Licensing Committee tabled the Original Class B Combination Beer and Liquor License for Stenz Griesell Smith Post 449, d/b/a American Legion Post 449, 3245 N. 124th St., Agent-Albert W. Kolsch; therefore, no action was taken by the Common Council.

Alderman Clappier moved approval of the Original Class B Combination Beer and Liquor License for Nehring's Brookfield Burgundy, LLC, d/b/a V. Richards, 17165-C W. Bluemound Rd., Agent-John E. Nehring. The motion was seconded by Alderman Berg and carried unanimously.

Alderman Clappier moved approval of the Fireworks User Permit for Brookfield East High School, 3305 N. Lilly Road (practice field at southwest corner of school), Event: Homecoming, on October 2, 2002 (raindate is October 10, 2002). The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved adoption of the Ordinance repealing and recreating Section 13.08.010 of the Code requiring that property owners connect to water and sewer mains adjacent to their property upon notice from the City. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1867*

Alderman Clappier moved adoption of the Ordinance establishing City of Brookfield representation of the Wilson Center for the Arts Board. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1868*

Alderman Clappier moved adoption of the Ordinance amending Sections 2.64.010, 2.04.160A and 2.04.190 and repealing Section 2.04.020 of the Municipal Code relating to Common Council meetings, Committees and Minutes. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1869*

Alderman Clappier moved adoption of the Ordinance amending Section 6.08 of the Municipal Code regarding Animal Complaints (dogs and cats). The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1870*

PERSONNEL COMMITTEE - Alderman Ponto, Chairman

Alderman Ponto moved approval of the Resolution of appointment for the position of Chief of Staff, Dan Waffenschmidt. The motion was seconded by Alderman Wolff.

Alderman Schulz moved to table. The motion was seconded by Alderman Schellinger. A roll call vote was taken and lost Ayes 4, No's 7, with Alderman Shaw abstaining. Alderman Steinke, Schulz, Heinrich and Schellinger voted Aye.

A roll call vote was taken on the motion to approve the appointment of Dan Waffenschmidt as Chief of Staff. The vote carried Ayes 8, No's 4 with Alderman Steinke, Schulz, Heinrich and Schellinger voting No. Resolution No. 6936*

The objections to this appointment centered around how thorough the search for a candidate had been and what professional credentials were required. In the end, the majority of the Council decided that Dan Waffenschmidt had the required skills.

Alderman Ponto moved approval of the Resolution approving an Agreement between the City of Brookfield and Wisconsin District Council 40, AFSCME, AFL-CIO, Local 20 (DPW, Parks, Facilities) effective January 1, 2002, through December 31, 2004. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6937*

Alderman Ponto moved approval of the Resolution providing non-represented full-time employees access to the City's health insurance at retirement at their sole cost. The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 6938*

Alderman Ponto moved approval of the Resolution providing additional compensation for two incumbents holding the title of Lieutenant in the Police Department while working in the capacity of "Acting Captain of Police". The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 6939*

MJS - July 26, 2002 - Brookfield Chief Gets Restraining Order

MJS - July 22, 2002 - Brookfield Investigating Complaint Against Chief

WATER BOARD - Alderman Brunner, Chairman

Alderman Brunner moved approval of the Final Resolutions authorizing the installation of watermain and levying of special assessments: Project #WM-02-02 2002 Miscellaneous Water Main Extensions. The motion was seconded by Alderman Berg and carried unanimously.

a) Utility Portion - Final Resolution No. 6940* b) Petition Portion - Final Resolution No. 6941*

Alderman Brunner moved approval of the Resolution awarding the bid for the 2002 Miscellaneous Water Main Extensions Project #WM-02-02 to MJ Construction Inc. for $506,486.30. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 6942*

Alderman Brunner moved approval of the Resolution approving the contract between Ruekert & Mielke and the City of Brookfield for the Brookfield Square Well Rehabilitation design for $52,643. The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 6943*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Mayor's Appointments. The motion was seconded by Alderman Schulz and carried unanimously.

Community Development Authority David J. Raysich - One Year term expiring November 20, 2002.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Heinrich and carried unanimously. 10:40 p.m.

__________________________________ Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9854

REGULAR COMMON COUNCIL PAGE 9852 JULY 16, 2002