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, FEBRUARY 18, 2003, 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, Jack Shaw, Mike Franz

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: Assistant City Attorney Karen Flaherty, City Clerk Kris Schmidt, Director of Finance Robert Scott, Chief of Staff Dan Waffenschmidt, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Planning Administrator Mike Theis

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:20 p.m. (A public hearing was heard previously regarding text amendments to Modified Suburban Overlay matrices for Woodberry Village, 17900 W. Capitol Drive). One person spoke during the segment set aside for the public to address the Council, concerning the land split and removal of a shed on Heather Hill Drive.

The next Common Council meeting will be held March 4, 2003.

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

Alderman Heinrich moved approval of the Regular Common Council minutes of February 4, 2003. The motion was seconded by Alderman Brunner and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The City Clerk referred to the actions and recommendations of the Plan Commission as represented in the February 10, 2003 Plan Commission minutes requiring Common Council approval.

The first item were the actions and recommendations from the Plan Review Board meeting of January 23, 2003.

Alderman Shaw moved approval of the actions and recommendations of the Plan Review meeting of January 23, 2003. The motion was seconded by Alderman Schulz and carried unanimously.

The next item was the request of David Mierow, 15855 Heather Hill Drive, Brookfield, WI, 53005, for reaffirmation of a Certified Survey Map (CSM) at 15855 Heather Hill Drive, creating three parcels from one existing parcel. Three "R-2" Residence lots will be created.

The Plan Commission moved approval of the land split as recommended by staff, with the addition that the C.S.M. should show that the structure in the southwest corner of Lot 3 is going to be razed.

Alderman Schulz moved approval of the Plan Commission recommendation with the amendment to condition #11 in the Plan Commission minutes to read, "Bring the existing garden shed on Lot 3 into conformance with the Zoning Code (reduce size of shed to a maximum of 180 square feet in area or raze) prior to February 18, 2004. If the Certified Survey Map (CSM) is not recorded by August 18, 2003, this condition of the Council becomes null and void. (Per Statutes, the C.S.M. must be recorded by said date.) The motion was seconded by Alderman Heinrich 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 Resolution approving 2002 budget transfer requested by the Director of Finance: $200,000 from Contingency account #101-910-590, to Transfers to Other Funds account #101-910-591, for purposes of a transfer to the employees retirement fund. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 7032-03*

This transfer moves an unexpected budget surplus for 2002 into a special account whose purpose is to fund employee retirement. It is possible for the Council to move the money back out of this retirement fund to pay for something else.

Alderman Garvens moved approval of the Request of the Library to purchase books and collection materials from Baker and Taylor for up to $85,000. The motion was seconded by Alderman Brunner and carried unanimously.

The Brookfield Library has an annual operating budget of about $2,076,000. Of that, $220,436 is for books and related materials and an additional $112,890 is for periodicals and serial products. The library currently has over 137,000 books and over 350 subscriptions. This approval released part of the money to buy new books.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman  

Alderman Clappier moved approval of five original bartender's license and denial of one bartender's license. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Original Class B Beer and Class C Wine License to Sgt. Pepperoni, 17495 W. Capitol Drive, George B. Wilson-Individual (new owner), subject to further administrative approval. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved adoption of the Ordinance allowing alderpersons to participate in meetings telephonically. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried Ayes 13, No's 1 with Alderman Brunner voting no. Ordinance No. 1905-03*

The intent of this ordinance is to provide a way for an Alderman who is out of town on his "day job" to still participate in the Council meeting and represent his district. The council hopes that this will eliminate one of the most common reasons cited by "working age" residents for not running for election as Alderman.

Wisconsin state law is silent about attending a meeting via telephone.  That is, it's not specifically prohibited, but it's also not specifically allowed.  There is agreement among attorneys that passing a local ordinance allowing telephone attendance eliminates any question of its propriety.

The ordinance requires 24 hour written notice to be given by the Alderman to the Council President and for the President to approve the remote participation. The Alderman is not counted towards a meeting quorum, so a physical meeting of a majority of Alderman must still take place. Also, this ordinance applies only to Council meetings, not committee meetings.

The League of Wisconsin Municipalities discusses this on their web site:

League of Wisconsin Municipalities legal FAQ 145

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution approving an Intermunicipal Agreement between the City of Brookfield and the City of Wauwatosa for the construction and maintenance of the Northeast Industrial Pond in the City of Brookfield. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 7033-03*

Alderman Heinrich moved to adjourn. The motion was seconded by Alderman Garvens and carried unanimously. 8:47 p.m. ______________________________ Kristine A. Schmidt, City Clerk

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

9907 REGULAR COMMON COUNCIL FEBRUARY 4, 2003