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 OF THE 26^TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, MAY 4, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER PRESIDING

ALDERMEN PRESENT:  Gary Mahkorn, Scott Berg, Cindy Kilkenny, Thomas Schellinger, Jim Garvens, Jim Heinrich, Richard Brunner present via telephone, Mike Franz, Steve Ponto, Daniel Sutton, Rick Owen, Ron Balzer, Christopher Blackburn

ALDERMEN ABSENT & EXCUSED:   Vacancy in District 4 which will be appointed in the future

ALSO PRESENT:  Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Administration Dean Marquardt, City Attorney Sue Schalig, Director of Finance Robert Scott, City Clerk Kris Schmidt, Asst. City Attorney Karen Flaherty, Counsel Vince Moschella

Mayor Jeff Speaker called the Common Council to order at approximately 7:45 p.m..

One person spoke from the audience during the 15 minute segment set aside for the citizens to address the Council regarding the proposed Deer Creek Plaza development.

Mayor Speaker presented resolutions commending City Attorney Suzanne Schalig and Alderman Ron Balzer (Water Utility) for their hard work and dedication to the City of Brookfield.

 The next Common Council meeting is scheduled for May 18, 2004.

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

Alderman Heinrich moved approval of the Regular Common Council meeting minutes of April 20, 2004.  The motion was seconded by Alderman Kilkenny and carried unanimously.

 ACTIONS OF THE COMMON COUNCIL

 Alderman Heinrich moved approval of the Common Council Standing Committee Appointments: (a1) Appointments by Common Council President (Council confirmation not required), and (a2) Appointments by Common Council President and Mayor (Council confirmation required).   The motion was seconded by Alderman Garvens and carried Ayes 12, Nays 1 with Alderman Berg voting nay.

Ald. Berg objected to the Mayoral appointments, which are subject to Council approval, and thus could have been rejected here by the Council.

The Mayor is technically a member of the Sewer Board, Water Board and Board of Public Works.  He designates a specific alderman to take his place during board meetings he does not attend.  In the two years that he has been in office, Mayor Speaker has attended one Board of Public Works meeting and no Water Board or Sewer Board meetings.  Thus, his appointee is effectively a full time policy making member.  The same alderman got all three appointments, just as he did in the last term.

Several of the boards the mayor appoints to have not met in over four years, e.g. Underwood Creek Commission, Poplar Creek Sewer Commission and Industrial Screening Committee.  These give the appearance of "something for everyone" when in fact the powerful appointments were given to a very few people.

It has always been traditional to rotate aldermen through the various boards.  This builds some institutional memory, develops the knowledge of the aldermen, brings in new ideas and keeps the job interesting for the aldermen.  Except for those positions opened by incumbent aldermen leaving office, the Mayor's appointments were the same as last term.

Once again, this demonstrates the Mayor's fear of change and modest abilities at personnel assignments.

(a1)  Common Council Standing Committee Appointments – Appointments by Common Council President (Council confirmation not required):

Finance Committee

• Ald. James Garvens, Chairman

• Ald. James Heinrich

• Ald. Richard Brunner

• Ald. Thomas Schellinger

• Ald. Scott Berg

• Ald. Rick Owen

• Vacant

Forestation Committee

• Ald. Mike Franz, Chairman

• Ald. James Heinrich

• Ald. Thomas Schellinger

• Ald. Rick Owen

• Ald. Ron Balzer

Legislative & Licensing Committee

• Ald. Gary Mahkorn, Chairman

• Ald. Mike Franz

• Ald. Dan Sutton

• Ald. Cindy Kilkenny

• Ald. Steve Ponto

Personnel Committee

• Ald. Steven Ponto, Chairman

• Ald. James Garvens

• Ald. Dan Sutton

• Ald. Rick Owen

• Vacant

 (a2) Common Council Standing Committee Appointments - Appointments by Common Council President and Mayor (Council confirmation required):

 Information Technology Subcommittee

Appointment by Council President

• Ald. Scott Berg

• Ald. Christopher Blackburn

Board of Public Works

• Mayor Jeff R. Speaker

 Appointment by Council President

• Ald. Jim Heinrich, Chairman  (Appointment of Chairman does not require Council confirmation)

• Ald. Tom Schellinger

• Ald. Ron Balzer

• Ald. Cindy Kilkenny, Aldermanic Alternate

• Vacant

 Appointment by Mayor

• Ald. Mike Franz, Mayor's Alternate

Sewer & Water Board

• Mayor Jeff R. Speaker

 Appointment by Council President

• Ald. Scott Berg, Chairman  (Appointment of Chairman does not require Council confirmation

• Ald. Cindy Kilkenny

• Ald. Steve Ponto

• Ald. Christopher Blackburn

• Ald. Thomas Schellinger, Alternate

 Appointment by Mayor

• Ald. Mike Franz, Mayor's Alternate

(a3)      Alderman Heinrich moved approval of the Common Council Standing Committee Appointment for the Council President Richard Brunner to the Finance Committee (a 3/4 vote required for the membership appointment).  The motion was seconded by Alderman Kilkenny and carried unanimously.

(b)        Alderman Heinrich moved approval of the Mayor's and Council President's Aldermanic Appointments (Council confirmation required).  The motion was seconded by Alderman Garvens and carried Ayes 12, Nays 1 with Alderman Berg voting no.

 Americans with Disabilities Committee (Appointment by Mayor)

•   Ald. James Heinrich

 Board of Appeals (Appointment by Mayor)

•             Ald. Gary Mahkorn (1^st Alternate)

•             Ald. Scott Berg (2^nd Alternate)

 Board of Review (Appointment by Mayor)

•             Ald. Mike Franz

•             Ald. Richard Brunner

 Community Development Authority (Appointment by Mayor)

•             Ald. James Heinrich

 Economic Development Committee (Appointment by Mayor)

•             Ald. James Garvens

 Emergency Medical Services Committee (Appointment by Mayor)

•             Ald. Mike Franz

 Ethics Board (Appointment by Council President)

•             Ald. Rick Owen

 Industrial Screening Committee (Appointment by Council President)

•             Ald. James Garvens

•             Ald. Dan Sutton

Library Board (Appointment by Mayor)

•             Ald. Cindy Kilkenny

 Park & Recreation Commission (Appointment by Council President)

•             Ald. Mike Franz

 Plan Commission (Appointment by Council President)

•             Ald. Rick Owen

•             Ald. Gary Mahkorn

 Poplar Creek Sewer Commission (Appointment by Mayor)

•             Ald. Gary Mahkorn

 Underwood Creek Sewer Commission (Appointment by Mayor)

•             Ald. Scott Berg

•             Ald. Richard Brunner

 Wilson Center for the Arts Board

• Richard Brunner (Council President is City representative to Wilson Center Board unless he/she designates another alderman)

LEGISLATIVE & LICENSING COMMITTEE

Alderman Mahkorn moved approval of 17 Original Bartender's Licenses (see Legislative & Licensing agenda for names).  The motion was seconded by Alderman Franz and carried unanimously.

Alderman Mahkorn moved approval of 13 Renewal Bartender's Licenses (see Legislative & Licensing agenda for names).  The motion was seconded by Alderman Kilkenny and carried unanimously.

Alderman Mahkorn moved adoption of the Ordinance amending Section 5.24.060 of the Municipal Code relating to restrictions on granting alcohol licenses.  The motion was seconded by Alderman Franz.  A roll call vote was taken and carried unanimously.  Ordinance No. 1961-04*

 COUNCIL AS A WHOLE

  There were no Vouchers exceeding $50,000 requiring immediate action.

Alderman Heinrich moved approval of the Resolution appointing Dianne Horlamus and Michelle Lipski of the Elm-Brook Humane Society as the City of Brookfield Humane Officers.  The motion was seconded by Alderman Franz and carried unanimously.  Resolution No. 7245-04*

Alderman Heinrich moved approval of the Resolution commending Ron Balzer for 24 years of service to the City of Brookfield Water Utility.  The motion was seconded by Alderman Franz and carried unanimously.  Resolution No. 7243-04*

Alderman Heinrich moved approval of the Resolution commending City Attorney Suzanne Schalig for 12 years of service to the City of Brookfield.  The motion was seconded by Alderman Garvens and carried unanimously.  Resolution No. 7244-04*

Alderman Heinrich moved approval of the Proclamation proclaiming the week of May2-8, 2004, as "Municipal Clerk's Week".  The motion was seconded by Alderman Blackburn and carried unanimously.

Alderman Heinrich moved approval of the Summer Schedule of meetings.  The motion was seconded by Alderman Ponto and carried unanimously.

Alderman Heinrich moved to adjourn.  The motion was seconded by Alderman Sutton and carried unanimously.  8:30 p.m.                                                                                                         

                                                                         ___________________________________

                                                                        Kristine A. Schmidt, City Clerk

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