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, DECEMBER 17, 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, Scott Berg, Richard Brunner, Jim Heinrich, Cindy Kilkenny, Karl Schulz, Jerome Wolff, James Garvens, Brad Steinke, Michael Franz, Jack Shaw

ALDERMEN ABSENT & EXCUSED: none

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Finance Robert Scott, Chief of Staff Dan Waffenschmidt, Director of Community Development Dan Ertl, Fire Chief John Dahms, Police Chief Dan Tushaus, Director of Parks & Recreation Bill Kolstad, Director of Facilities and Inspection Services Dean Marquardt

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:27 p.m. (A public hearing was heard previously - Request of Todd Harmon, 1225 N. Barker Rd, to rezone said address from "C" Conservancy District and "UP" Upland Preservation Overlay District to "UC" Upland Conservancy District. See separate minutes.) Six people spoke during the segment set aside for the public to address the Council on the issue of the Skate Board Park.

The next Common Council meeting will be held January 7, 2003

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

Alderman Schulz moved approval of the Regular Common Council minutes of December 3, 2002. The motion was seconded by Alderman Brunner 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 December 9, 2002, Plan Commission minutes, including the Plan Review Board minutes of November 21, 2002, with special consideration given to:

Item #2 was the request of the City of Brookfield Parks and Recreation Commission, Bill Kolstad, Director, to approve a conditional use permitting a revised plan and method of operation for the purpose of constructing a 14,783 sq. ft. skate park facility at 2585 N. Pilgrim Road, i.e. Wirth Park. (SE 1/4 of Sec. 15)

The Plan Commission recommended approval of the staff recommendation to approve the conditional use for the revised plan and method of operation.

Alderman Schulz moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Shaw and carried unanimously on a roll call vote.

Alderman Schulz moved adoption of the Ordinance granting a conditional use permitting a revised plan and method of operation for the purpose of constructing a 14,783 sq. Ft. skate park facility at 2585 N. Pilgrim Road, i.e. Wirth Park. The motion was seconded by Alderman Shaw and carried 13 ayes and one no on a roll call vote with Alderman Steinke voting "no". Ordinance No. 1899*

There it was, skateboard park approval.

Alderman Steinke voted against the park because he felt it was too much money to be spent on a recreational activity during a difficult economic period.

Item #4, Resolution amending the street layout recommendations established in the Endicott Neighborhood Plan, related to a future street system south of Martin Drive east of Davidson Road.

The Plan Commission approved the staff recommendation to amend the street layout established in the Endicott Neighborhood Plan permitting a through street design to access Martin Drive.

Alderman Schulz moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Garvens and carried 12 ayes and 2 nos, Alderman Clappier and Alderman Heinrich voting "no".

This street layout is in the 6th district, represented by Alderman Heinrich and Clappier. They opposed the plan because they fealt it would create too many new houses in a long established neighborhood.

To actually construct the roads described would require splitting several undeveloped lots of nearly two acres each in half, taking out a strip for the road. Alderman Berg believes this will provide a chance to create moderately priced housing in a conveniently located neighborhood with a minimal impact on the city.

Alderman Schulz moved adoption of the resolution amending the street layout recommendation for a portion of the Endicott Neighborhood Plan related to a future street system south of Martin Drive east of Davidson Road. The motion was seconded by Alderman Shaw and carried 11 ayes and 3 nos, Alderman Brunner, Alderman Clappier, and Alderman Heinrich voting "no". Resolution No. 7002*

See preceding comment.

Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the December 9, 2002, Plan Commission minutes, including the Plan Review Board minutes of November 21, 2002. The motion was seconded by Alderman Shaw 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 Wolff and carried unanimously.

Alderman Garvens moved approval of the 2002 Emergency Medical Services training fund budget amendment requested by the Fire Chief and the Director of Finance. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7003*

Alderman Garvens moved approval of the Resolution approving the contract with Elmbrook Humane Society, Inc. for the year 2003. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7004*

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of 9 original bartender's licenses. The motion was seconded by Alderman Shaw and carried unanimously.

LEGISLATIVE AND LICENSING AND SEWER AND WATER BOARD - Alderman Clappier and Alderman Brunner, Chairmen

Alderman Brunner moved approval the Ordinance repealing and recreating Chapter 13.20 of the Mun. Code relating to the definition of normal strength waste, industrial waste, grease and oil, sand traps and inspection manholes. The motion was seconded by Alderman Schellinger and carried on a roll call unanimously. Ordinance No. 1900

SEWER AND WATER BOARD - Alderman Brunner, Chairman

Alderman Brunner moved approval of the Resolution adjusting sewer rates effective January 1, 2003. The motion was seconded by Alderman Garvens and carried 12 ayes and 2 nos, Alderman Berg and Alderman Kilkenny voting "no". Resolution No. 7005

The sewer utility is already making a sizeable return on its operations. After all, it's not like its customer base is going to switch to a competitor! A quick examination of the balance sheet showing over $14 million in undesignated reserves indicates a long history of charging far more than the cost of operations, then borrowing to cover capital projects instead of using the reserves. Alderman Berg doesn't think having a rainy day fund is bad, it's just a question of how much is enough. Holding the rate steady for a few years to bring it down to actual costs doesn't seem like such a bad thing during these difficult economic times.

Alderman Brunner moved approval of the Final Resolution levying special assessments: Thomas H. Nackers, 13160 W. Burleigh Rd., Lot 1, Block 5, Burlawn Subd., TKN BRC 1056-056, $2,060. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7006

Alderman Brunner moved approval of the Resolution approving a new policy allowing administrative approvals of option connections to the City water system. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7007

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Resolution approving the Joint Powers Agreements for the County 911 emergency System between the Village of Elm Grove, Waukesha County and the City of Brookfield effective January 1, 2003, through December 31, 2003. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7008

Alderman Ponto moved approval of the resolution commending Daniel J. Waffenschmidt for more than 4 years of service as 2nd District Alderman. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 9:30 p.m.

______________________________ Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office

9896 REGULAR COMMON COUNCIL DECEMBER 17, 2002