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, JUNE 3, 2003, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding 

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

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Chief of Staff Dan Waffenschmidt, Director of Community Development Dan Ertl, Director of Parks and Recreation Bill Kolstad, Director of Facilities and Inspection Services Dean Marquardt, Director of Information Services Fred Miller, Neighborhood Planner/Designer Carrie Johnson

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:28 p.m. (Five public hearings were heard previously - Amend Zoning District Boundaries for Willaura West, Pilgrim Meadows Addition #1, Chateau Royale, and Carrington Heights Addition #1, #2, #3 Subdivisions and Fox Brook County Park area. See separate minutes.) One person spoke during the 15 minute segment set aside for the citizens to address the Council regarding a recently constructed swale.

The next Common Council meeting is scheduled for June 17, 2003.

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

Alderman Schulz moved approval of the Regular Common Council minutes of May 20, 2003. The motion was seconded by Alderman Heinrich and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

COUNCIL AS A WHOLE

Alderman Ponto moved the addendum to the next order of business - Resolution regarding Council procedures on televising Common Council meetings. The motion was seconded by Alderman Schulz.

Rearranging the agenda is usually reserved for when there is a large crowd, for the convenience of those spectators. In this case, there was no such compelling reason. Or was there?

Alderman Ponto moved to call the question. The motion was seconded by Alderman Heinrich and carried Ayes 13, Nays 1 with Alderman Kilkenny voting no. The motion to move the addendum up on the agenda carried, Ayes 10, Nays 4 with Aldermen Steinke, Kilkenny, Berg, and Schellinger voting no.

During the debate on this change in the agenda order, Ald. Kilkenny clearly stated that even if the resolution were to pass, she would continue to exercise her right under state law (Wisconsin Statutes 19.90) to videotape the public meeting. Ald. Kilkenny's observation, stated on the public record, may reveal the real motive for Ald. Ponto to move the agenda item before any other business.

For a legal opinion from the League of Wisconsin Municipalities regarding the televising of public meetings, see: http://www.lwm-info.org/legal/faq/faq17.html

Was this an attempt to show a couple of independent minded alderman who was boss and shut down the taping before the next agenda item? You decide.

Alderman Ponto moved approval of the Resolution regarding Council procedures on televising Common Council meetings. The motion was seconded by Alderman Schulz.

Alderman Steinke moved to amend the resolution to delete the aldermanic names specified in the resolution for "aldermen" and to strike the wording in the "now be it resolved" paragraph after the "....procedures approved by the Common Council." The motion was seconded by Alderman Shaw.

The original resolution written by Ald. Ponto and its final amended form are shown below.

Alderman Kilkenny moved to call the question on the amendment. The motion was seconded by Alderman Berg and carried unanimously.

The vote on the amendment carried, Ayes 8, Nays 6 with Aldermen Garvens, Ponto, Schulz, Mahkorn, Heinrich and Franz voting no.

Alderman Shaw moved to call the question to vote on the resolution as amended. The motion was seconded by Alderman Brunner and carried unanimously.

The vote on the main motion as amended carried, Ayes 11, Nays 3 with Aldermen Kilkenny, Berg and Schellinger voting no. Resolution No. 7083-03*

Alderman Kilkenny requested that the record show that she was not allowed to speak.

The original resolution is shown below. The words with the line through them were striken by the amendment from the floor.

You decide if Ald. Ponto was establishing policy or making it personal.

"Resolution Regarding Council Procedures

WHEREAS, it is important to the functioning of the Brookfield City government and the Common Council that established procedures be followed and that the principal of majority rule be maintained; and

WHEREAS, the Common Council has not as yet taken a position on videotaping and televising proceedings of the Common Council and the matter is currently being considered by the City's Information Technology Subcommittee; and

WHEREAS, Aldermen Cindy Kilkenny and Scott Berg have issued a press release stating that they will be sponsoring an experiment in "televising the City of Brookfield Common Council meeting to be held on Tuesday, June 3, 2003;"

NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Brookfield believes that any televising of its proceedings should be done in accordance with methods and procedures established and approved by the Common Council; and requests that Time-Warner Cable Company only broadcast videotapes of Common Council proceedings on its public access channels that have be made in accordance with methods and procedures approved by the Common Council; and calls upon all Aldermen, including most specifically, Cindy Kilkenny and Scott Berg, to follow the procedures established by the Common Council and to abide by the decisions of the Common Council. "

MJS - June 3, 2003 - 2 Alderman Plan to Tape Council Meeting

MJS - June 5, 2003 - Council Members Rapped in Taping

MJS - June 5, 2003 - Officials Clock in at Both Ends of Spectrum

MJS - June 8, 2003 - Start Your Cameras

MJS June 17, 2003 - Brookfield Common Council OKs Capitol Borrowing

For a detailed discussion of my views on televising city meetings, see:

Televising City Meetings

FINANCE COMMITTEE

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 accepting the 2002 Comprehensive Annual Financial Report (CAFR). The motion was seconded by Alderman Heinrich and carried Ayes 13, Nays 1 with Alderman Kilkenny voting no. Resolution No. 7084-03*

Alderman Garvens moved approval of the Resolution amending Asphalt-Subdivision Special Revenue fund budget, requested by the Director of Finance: increase expenditures by $150,000 and other contribution revenues by $150,000 for purposes of funding road construction in the Town of Brookfield as per the cooperation agreement with the Town. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 7085-03*

LEGISLATIVE & LICENSING COMMITTEE

Alderman Clappier moved approval of five Original Bartender Licenses (see Legislative and Licensing Agenda for individual names). The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of eleven Renewal Bartender Licenses (see Legislative and Licensing Agenda for individual names). The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of Item #9, the Renewal Class B Beer (Malt) and Class C Wine Licenses: Brookfield Indoor Soccer Complex, 19485 W. Lisbon Rd.; Noodles & Company, 17000 W. Bluemound Road; Item #10, Renewal Class A Combination Beer (Malt) and Liquor Licenses: Kohl's, 2205 N. Calhoun Rd.; Kohl's Beverage Center, 2315 N. 124th St.; Kwik Pantry, 18330 W. Capitol Dr.; The Market Basket, 14835 W. Lisbon Road; and Item #11, Renewal Class B Combination Beer (Malt) and Liquor Licenses: American Legion Post #449, 3245 N. 124th St.; Bluemound Bowl, 12935 W. Bluemound Rd.; Bombay Bicycle Club, 17105 W. Bluemound Rd.; Champps, 1240 S. Moorland Rd.; Courtyard by Marriott, 16865 W. Bluemound Rd.; Dick Manhardt's Inn, 14000 W. North Ave.; Grasch Foods, 13950 W. North Ave.; Grecian Inn, 14375 W. Capitol Dr.; Highlander Racquet Club, 13825 W. Burleigh Rd.; Houlihan's Old Place, 95 N. Moorland Rd.; Marty's Pizza, 16680 W. Bluemound Rd.; Maxim's, 18025 W. Capitol Dr.; Outback Steakhouse, 1260 S. Moorland Rd.; Peach Garden, 2325 N. 124th St.; Residence Inn, 950 Pinehurst Ct.; Sarafina's Pastaria, 19035 W. Capitol Dr.; Seigo's Japanese Steakhouse, 18380 W. Capitol Dr.; Venice Club, 1905 N. Calhoun Rd.; Westmoor Country Club, 400 S. Moorland Road. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Temporary Class B Beer (Malt) License: Brookfield Lion's Club at Mitchell Park, 19900 W. River Rd.; June 19-22, 2003; Thursday, 5-11 p.m.; Friday, 5-12 a.m.; and Saturday, 12 p.m.-12 a.m.; and Sunday, 12 p.m.-8 p.m.; for Brookfield Daze. The motion was seconded by Alderman Franz and carried unanimously.

Alderman Clappier moved approval of a Temporary Class B Beer (Malt) and Wine License: St. John Vianney Parish Festival, 1755 N. Calhoun Road, June 6-8, 2003; Friday, 5:00-11:30 p.m.; Saturday, 12:00 p.m.-11:30 p.m.; Sunday, 12:00 p.m.-8:30 p.m. The motion was seconded by Alderman Shaw and carried unanimously.

PARKS AND RECREATION COMMISSION

Alderman Franz moved approval of the Resolution awarding the bid for the Greenway Trail Construction Project #PR-02-03 to Dodge Construction, Inc. for $107,961.40. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7086-03*

BOARD OF PUBLIC WORKS

Alderman Schulz moved for special consideration of the Final Resolution levying special assessments: Century Investing Property Fund, Washington Drive Reconstruction Project #R-02-07, 15740 W. Capitol Dr., TKN BRC 1020-128. Adopted by the Common Council on May 20, 2003 as Final Resolution No. 7079-03. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Schulz moved to amend the resolution to provide for a nine year repayment period. The motion was seconded by Alderman Garvens and carried unanimously.

The motion as amended carried unanimously. Final Resolution No. 7079-03* (Remains the same number since same resolution was amended.)

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Resolution opposing property tax levy limits or a tax rate freeze. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 7087-03*

Alderman Ponto moved to take off the table the Council President's Appointment to the Convention and Visitor's Bureau. The motion was seconded by Alderman Brunner and carried unanimously.

Alderman Ponto moved to nominate Alderman Jack Shaw for a one year term expiring May 15, 2004, and Chief of Staff Dan Waffenschmidt to the two year term expiring 2005. The motion was seconded by Alderman Heinrich.

Alderman Schellinger moved to nominate Bonnie Moyer Topczewski for a two year term expiring 2005 and Robert Risch, Jr. to a one year term expiring 2004. The motion was seconded by Alderman Berg.

Alderman Heinrich moved to close the nominations. The motion was seconded by Alderman Berg and carried unanimously.

A moving statement by Ald. Schellinger about how city committees shold be open to citizens, not just insiders and a spirited debate occurred here. Too bad you couldn't see it on television from the convenience of your home.

Alderman Ponto moved to call the question to vote on the nominations. The motion was seconded by Alderman Brunner and carried unanimously.

Alderman Jack Shaw received 12 votes and Robert Risch Jr. received 2 votes. Alderman Jack Shaw was appointed to the one year term expiring in 2004.

The two votes for Mr. Risch were Ald. Schellinger and Berg.

Bonnie Moyer Topczewski received 4 votes and Chief of Staff Dan Waffenschmidt received 10 votes. Chief of Staff Dan Waffenschmidt was appointed to the two year term expiring in 2005.

The four votes for Ms. Topczewski were Ald. Schellinger, Berg, Kilkenny and Clappier.

This wasn’t over yet.  See: January 6, 2004

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Heinrich and carried unanimously. 9:40 p.m. ___________________________________ Kristine A. Schmidt, City Clerk

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

9950 REGULAR COMMON COUNCIL JUNE 3, 2003