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 1, 2003, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding  

ALDERMEN PRESENT: 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: Thomas Schellinger

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Fire Chief John Dahms, Chief of Staff Dan Waffenschmidt, Economic Development Coordinator Pat Drinan, Assistant City Attorney Karen Flaherty, Director of Facilities & Inspection Services Dean Marquardt

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 9:00 p.m. [Two public hearings were heard previously - Lewis Avenue Street Vacation and the Fire Prevention and Life Safety Code (Sprinkler Ordinance)]. No one spoke during the 15' segment set aside for the citizens to address the Council.

The next Common Council meeting will be held April 15, 2003.

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

Alderman Schulz moved approval of the Regular Common Council minutes of March 18, 2003. The motion was seconded by Alderman Shaw and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

LEGISLATIVE AND LICENSING

Alderman Ponto moved to take item #9, Ordinance amending Section 8.08.080A. of the Fire Prevention and Life Safety Code relating to the installation of sprinklers, or more commonly known as the Sprinkler Ordinance, out of order. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved adoption of the Ordinance amending Section 8.08.080 A. of the Fire Prevention and Life Safety Code relating to the installation of sprinklers, or more commonly known as the Sprinkler Ordinance. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried Ayes 10, Nays 3 with Aldermen Brunner, Berg and Heinrich voting Nay. Ordinance No. 1910-03*

This highly controversial modification to an existing ordinance was under consideration for over two years. The intent of the ordinance was to require commercial property owners of buildings over a certain size to install automatic fire sprinklers. This has the advantage of making the buildings safer by containing fires very soon after they start and allows the city to have fewer fire fighters. The disadvantage is that sprinklers are expensive to install in existing buildings. When the ordinance first passed, it required sprinklers to be installed within ten years or when the building was sold or when a large amount of remodelling was done. This change removed the deadline and loosened the other requirements.

Mayor Speaker led the effort to loosen the requirements in the interest of creating a "business friendly" atmosphere. Even though the review of the ordinance started under Mayor Bloomberg's term, she opposed it vehemently.

Alderman Berg believes that public safety is paramount. The fact that it allows the city to continue to grow but not increase its fire department expense significantly is an added benefit.

PLAN COMMISSION

The City Clerk referred to the actions and recommendations of the Plan Commission as represented in the March 24, 2003, Plan Commission minutes requiring Common Council approval.

The first item was the approval of the memorandum of understanding between the City of Brookfield and WisDOT regarding transportation improvements associated in the Capitol Heights project.

City Engineer Jeff Chase stated in the Plan Commission minutes that the Engineering Department is satisfied with the Memorandum of Understanding and they will be recommending that the Common Council approve it. No action was taken by the Plan Commission.

Alderman Schulz moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Shaw and carried Ayes 12, Nays 1 with Aldermen Kilkenny voting No.

This agreement with the state concerns the circulation of traffic on Capitol Drive (a state highway) in front of the Capitol Heights development west of Calhoun Road. Ald. Kilkenny opposed the Capitol Heights project and continues to vote against any sort of action involving that project. The other alderman previously opposing that project (Ald. Wolff and Franz) have now admitted the project is going to be built and are attempting to make the best deal for their residents that they can.

Alderman Schulz moved approval of the Resolution approving the Memorandum of Understanding between the City of Brookfield and WisDOT regarding transportation improvements associated in the Capitol Heights project. The motion was seconded by Alderman Shaw and carried Ayes 12, Nays 1 with Alderman Kilkenny voting No.

FINANCE COMMITTEE - Alderman Garvens, Chairman

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 Request from the Highway Department to purchase 2 patrol truck chassis for $107,366 from Lakeside International, Inc. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Garvens moved approval of the Resolution approving 2003 budget transfer requested by the Director of Facilities and Inspection Services: $15,000 from Contingency account #101-910-590 to Inspection Services Contracted Services account #101-304-560-000 for purposes of funding contracted services for building removal as per Municipal Court order. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 7046-03*

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of 14 original bartender's licenses. The motion was seconded by Alderman Shaw and carried unanimously.

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution discontinuing and vacating the westerly 120' of Lewis Avenue. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7047-03*

Alderman Schulz moved approval of the Resolution approving a Quit Claim Deed from the City of Brookfield for dedication of right-of-way along Lilly Road for street purposes (part of BRC 1064.993). The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7048-03*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Resolution approving the Private Drainage Easement between Kingfogl Construction Co. and the City of Brookfield for surface water drainage and/or storm sewer purposes (part of BRC 1040-998-001). The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7049-03*

Alderman Ponto moved to direct staff to prepare a code amendment to give the Common Council authority to vote on preliminary plats and preliminary certified survey maps. The motion was seconded by Alderman Berg and carried unanimously.

MJS - January 22, 2003 - Brookfield Alderman Don't Have Last Say on Master Plan

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Kilkenny and carried unanimously. 10:02 p.m. ___________________________ Kristine A. Schmidt, City Clerk

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

9927 REGULAR COMMON COUNCIL APRIL 1, 2003