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, NOVEMBER 4, 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, Cindy Kilkenny, Jerome Wolff, Thomas Schellinger, Jim Heinrich, Jack Shaw, Karl Schulz, Kari Clappier, James Garvens, Richard Brunner, Brad Steinke

ALDERMEN ABSENT & EXCUSED: Mike Franz

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Facilities & Inspection Services Dean Marquardt, Parks & Forestry Superintendent Gary Majeskie, Director of Finance Robert Scott, Fire Chief John Dahms, Director of Human Resources Jim Zwerlein, Recreation Superintendent John Kelliher

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 7:45 p.m. One person spoke from the Waukesha County Environmental Action League (WEAL) during the 15 minute segment set aside for the citizens to address the Council regarding the Loth Pit, (superfund) site and proposed Shire Subdivision.

Director of Parks and Recreation Bill Kolstad and Alderman Karl Schulz recognized Don Wiberg, Chairman of the Parks & Recreation Commission, for 40 years of service and read a proclamation commending him for his service.

Director of Community Development Dan Ertl explained the recognition received by the City of Brookfield of the 2003 Wisconsin American Planning Association Award for Planning Excellence through implementation of the 2020 Master Plan and the Greenway Corridor. Alderman Steinke stated it was a very prestigious award.

Mayor Speaker and Director of Finance Robert Scott recognized Lisa Glen, Recreation Programmer, on the receipt of an award to the City of Brookfield from Cities and Villages Mutual Insurance Company for the "Aquatics Staff Cooperative Training Program". Further, Director of Human Resources Jim Zwerlein and Human Resources Specialist Ann Harvancik were recognized on the receipt of an award to the City of Brookfield from Cities and Villages Mutual Insurance Company for Safety Week "Creating a Safety Culture (Safety Week)" and for "Risk Management".

The next Common Council meeting is scheduled for November 18, 2003. The second Council meeting in December will be December 16th.

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

Alderman Heinrich moved approval of the Regular Common Council minutes of October 21, 2003. The motion was seconded by Alderman Schulz and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

Alderman Ponto moved to take Item #14 out of order. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Ponto moved approval of the Resolution commending Don Wiberg, Chairman of the Parks & Recreation Commission, for 40 years of service. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 7152-03*

PLAN COMMISSION

The City Clerk referred to the actions and recommendations of the Plan Commission as represented in the October 27, 2003, minutes (all items require Common Council approval except for items #2, #3, and #5).

The first item was the Plan Commission recommendation to amend Section 17.04.020 of the Zoning Code – Definitions – to include the definition of "Remodel" and "Addition", "Alteration", and "Repair" as defined in Title 15. Also, to delete the text, "…as defined by administrative policies…" from Section 17.112.010 D. Setbacks and amend the section to add "…located on a major or secondary street as defined in 16.16.030 E.,…".

The Plan Commission recommended approval of the staff recommendation to approve the amendments as drafted.

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

Alderman Schulz moved adoption of the Ordinance revising Sections 17.04.020 and 17.112.010 of the Municipal Code relating to the definition of "Remodel", "Addition", and "Repair" and language related to remodeling. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1934-03*

Alderman Schulz moved approval of the balance of actions and recommendations of the Plan Commission as represented in the October 27, 2003, minutes (all items require Common Council approval except for items #2, #3 and #5). The motion was seconded by Alderman Shaw and carried unanimously.

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 approving 2003 capital improvement fund budget amendment requested by the Director of Finance and Fire Chief: $21,750 for homeland security grant and related equipment expenditures. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7148-03*

LEGISLATIVE & LICENSING COMMITTEE

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

Alderman Clappier moved adoption of the Ordinance amending Section 15.12.120 E. of the Municipal Code relating to well abandonment. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1935-03*

PERSONNEL COMMITTEE

Alderman Ponto moved approval of the Resolution approving the City's Health Insurance program for calendar year 2004 (WPS self-funded renewal + alternative plan) – maintaining the current self-funded health insurance plan and creating a lower cost alternative self-funded plan for calendar year 2004 and setting the associated employee contribution for eligible non-represented employees. The motion as seconded by Alderman Wolff and carried Ayes 12, Nays 1 with Alderman Kilkenny voting nay. Resolution No. 7149-03*

Alderman Ponto moved approval of the Resolution approving the City's Dental Insurance program for calendar year 2004 (Fortis Benefits Insurance Company, Inc.). The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7150-03*

Alderman Ponto moved adoption of the Ordinance establishing salary grades and pay ranges for non-union administrative personnel for the year 2004 and amendments to Section 2.14 of the Municipal Code relating to Administration of Pay Plan. The motion was seconded by Alderman Wolff.

Alderman Berg moved to amend the ordinance to reflect $0 (zero) merit increases for non-represented employees. The motion was seconded by Alderman Schellinger. A roll call vote was taken and failed Ayes 2, Nays 11 with Aldermen Berg and Schellinger voting Aye.

A roll call vote was taken on the original motion and carried Ayes 11, Nays 2 with Aldermen Berg and Schellinger voting nay. Ordinance No. 1936-03*

The city has 118 non-represented (non-union) employees.  For 2004, the managers got a 1.75% across the board increase and non-managers got 2.25%.  This action authorized an additional $53,000 to be divided among deserving employees (typically about 2/3 or about 80) as merit pay increases.  These increases would become a permanent part of those employees’s pay.  At the earlier Finance Committee meeting it was revealed that the $53,000 was being supplied by some unexpected grant money from the state.  Thus, a one time fluke of  ”found money” has been permanently added to the city’s payroll expense.  At the Finance Committee meeting, Ald. Berg and Schellinger tried to get this expenditure changed to reduce the deficit in the 2004 budget, but were outvoted.

SEWER BOARD

Alderman Brunner moved approval of the Resolution awarding the bid for the Maple Ridge Pump Station upgrade to Advance Mechanical Contractors for $137,800. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7151-03*

COUNCIL AS A WHOLE

Discussion was led by City Attorney Sue Schalig and City Clerk Kris Schmidt regarding the memorandum relative to parliamentary procedure. (The memo may be viewed in the City Clerk's Office.)

Alderman Ponto moved approval of the Proclamation proclaiming November 8, 2003, as "Community Planning Day" in the City of Brookfield. The motion was seconded by Alderman Schulz and carried unanimously.

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

Park and Recreation Commission Brad Smith – Five year term expiring December 31, 2007.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Schulz and carried unanimously. 9:35 p.m. ___________________________________ Kristine A. Schmidt, City Clerk

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

9989 REGULAR COMMON COUNCIL NOVEMBER 4, 2003