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, AUGUST 17, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER PRESIDING

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

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Finance Robert Scott, City Clerk Kristine Schmidt, City Attorney Vince Moschella, Director of Human Resources Jim Zwerlein, Director of Administration Dean Marquardt, Attorney Bill Taibold

The next Common Council meeting is scheduled for September 7, 2004.

At the 50^th Birthday Celebration of the City of Brookfield on August 11^th, the Mayor proclaimed the City of Brookfield as a "City of the Second Class" per State Statutes 62.05.

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

Alderman Garvens moved approval of the Consent Agenda except for item "3i" which was removed. The motion was seconded by Alderman Sutton and carried unanimously. Recorded as a roll call.

a) Minutes of the Regular Common Council meeting of July 20, 2004.

b) Vouchers exceeding $50,000 requiring immediate action.

c) Resolution approving 2004 budget amendment requested by the Director of Finance: increase Employee Retirement Special Revenue Fund expenditures by $11,000 for payment of accumulated sick leave costs. Resolution No. 7282-04*

d) Resolution approving 2002 capital projects fund budget amendment requested by the Director of Finance: increase state transportation aid revenue account 602-000-432-500 by $68,000; increase Bike Path construction expenditure account 602-113-700-121-037 by $8,000; and increase transfers to other funds a/c 602-113-591-000 by $60,000; for purposes of recognizing grant revenue and modified project costs for the Brookfield Road bike path project. Resolution No. 7283-04*

e) Resolution approving Bike Path special revenue fund budget amendment requested by the Director of Finance: increase transfers from other funds revenue account 205-000-475-100 by $60,000 to recognize transfer from the 2002 capital improvement fund. Resolution No. 7284-04*

f) Original Bartender's Licenses (see Legislative & Licensing agenda for names).

g) Renewal Bartender's Licenses (see Legislative & Licensing agenda for names).

h) Temporary Class B Retailer's License for SOS Center Fund Raiser at Immanuel Lutheran Church, on Sunday, October 16, 2004, from 6 – 10 p.m.

i) Was removed from the Consent Agenda.

j) Approve actions and recommendations of the Plan Commission as represented in the July 26, 2004, minutes – except for Items 1, 3, 4, 5, 8, 10, 11, 13, and 14; and including Item D from the Plan Review Board recommendation of July 22, 2004 (or Item #2 from the Plan Commission).

k) Approve actions and recommendations of the Plan Commission as represented in the August 9, 2004, minutes except for Items 7, 10, 11, and 12; and including the remaining Plan Review Board recommendations of July 22, 2004, with special consideration given to:

1. • P.C. Item #2: Request of the Dept. of Community Development and Steve Behringer, W167 N9664 Navajo Court, Germantown, WI 53022; to correctively rezone portions of the properties of 18850 through 18650 Kamala Court and Tax Key No. 1023-996-002, from "B-1" Local Business to "M-1" Multiple family Residence. (SW 1/4 of Sec. 4)

♦ Ordinance amendment zoning district boundaries in the Colonial Heights Condominiums and in unplatted lands, considered to have had faulty legal descriptions or other technical problems in the Kamala Court area. Ordinance No. 1975-04*

2. • P.C. Item #3: Request of Steve Behringer, W167 N9664 Navajo Court, Germantown, WI 53022; and Edward and Barbara Treick, 18470 Kamala Court, Brookfield, WI 53045, to rezone an approximate 167 square foot portion of the southern edge of the property at 18470 Kamala Court from "R-3" Single family Residence to "M-1" Multiple family Residence. (SW 1/4 of Sec. 4)

♦ Ordinance rezoning the southern one foot of 18470 Kamala Court from "R-3" Residence (single family) to "M-1" Residence (multiple family). Ordinance No. 1976-04*

3. • P.C. Item #6: Request of Klinke Cleaners, c/o TJK Design and Construction Co. Inc., Attn: John Bieno, AIA, 634 W. Main St., Madison, WI 53703, to rezone 14335 W. Capitol Dr., Brookfield, WI 53005, applying a "MSO" Modified Suburban Overlay, "NS/CS" New Suburban/ Cluster Suburban designation to said property for a proposed multiple tenant retail development, replacing the former McDonald's. (NE 1/4 of Sec. 11)

♦ Ordinance revising the Modified Suburban Overlay Matrices contained in Ordinance No. 1962, for the property located at 14335 W. Capitol Drive. Ordinance No. 1977-04*

4. Approval of the balance of actions and recommendations of the Plan Commission as represented in the August 9, 2004, minutes except for Items 7, 10, 11, and 12; and including the remaining Plan Review Board recommendations of July 22, 2004.

l) Resolution approving an Underground Distribution Easement between WE Energies (Wisconsin Electric Power Co.) and the City of Brookfield for utility purposes on Calhoun Road, Tax Key No. 1114-030. Resolution No. 7285-04*

m) Designation of City property located on the west side of Brookfield Road at Carol Drive (Fire House parcel) as surplus property and acceptance of Offer to Purchase from Kings Way Land Development, LLC for $68,000 and authorization of City Officials to execute all documents relating to the sale.

n) Resolution approving the Perpetual Drainage and Storm Sewer Easement for the storm sewer located at the Rodrian Insurance property (Tax Key 1019-958) between the City of Brookfield and Lantern Properties, LLC. Resolution No. 7286-04*

o) Council President's Appointment: Gary Jonardi – Chair of the Information Technology Subcommittee.

p) Mayor's Reappointment: Scott Dryburgh – Information Technology Subcommittee. Two year term expiring July 1, 2006.

3i) Alderman Mahkorn moved adoption of the Ordinance repealing and recreating Section 2.68.070 of the Municipal Code regarding Records Retention for the City of Brookfield. The motion was seconded by Alderman Kilkenny. A roll call vote was taken and carried unanimously. Ordinance No. 1978-04*

Ald. Berg had asked for this item to be handled separately.  The ordinance stated that city records would be retained according to a schedule based on a new state standard.  That replaced the old schedule which was customized for Brookfield and mostly dealt with police investigation records.  Since the new schedule was not provided to the aldermen for review there was no chance to see if the time limits were, in the aldermen's opinion, appropriate.  Specifically, the old schedule said that audio and video recordings of Council meetings should be kept for 120 days.  Ald. Berg wanted video recordings to be kept forever.

This became a moot point when multiple Council members stated they wanted the video recordings kept until a formal retention policy could be adopted.  This will be discussed by the ad hoc televising task force formed later in the meeting.

Alderman Garvens moved to remove from the table the Resolution approving member services agreement with the Wisconsin Local Government Telecommunications Coalition and retention of Whyte Hirschboeck Dudek as legal counsel related to the City's involvement in the Coalition. The motion was seconded by Alderman Kilkenny and carried unanimously.

Alderman Garvens moved approval of the Resolution approving member services agreement with the Wisconsin Local Government Telecommunications Coalition and retention of Whyte Hirschboeck Dudek as legal counsel related to the City's involvement in the Coalition. The motion was seconded by Alderman Owen and carried Ayes 10, Nays 4 with Aldermen Schellinger, Blackburn, Kilkenny and Berg voting nay. Resolution No. 7287-04*

This is a prime example of lawyers claiming to  protecting the public interest while lining their pockets.  Several years ago the State of Wisconsin negotiated special pricing with SBC/Ameritech for using a certain kind of phone system.  Many cities, including Brookfield, were told that they were getting the same pricing when they were actually paying more.  This firm has contacted all those cities and proposed a coalition to force SBC to repay the overcharges.

In Ald. Berg's opinion, the fees for this litigation will be roughly equal to the attorney's fees.  The lawyers are very vague, but a claim of $40,000 of overcharges was sort of claimed, with fees reducing that amount.

Alderman Mahkorn moved approval of the actions and recommendations of the Plan Commission as represented in the July 26, 2004, minutes. Special consideration was given to Item #9, the Draft Project Plan for Tax Incremental District No. 3 (TID #3), the Brookfield Square/Executive Drive Redevelopment Area dated July 26, 2004, the boundary of TID #3 dated July 20, 2004, and creation of TID #3.

The Plan Commission recommended to adopt the July 22, 2004, recommendation from the Community Development Authority (adopt the July 26, 2004, Project Plan for Tax Increment District Number Three, creation of Tax Increment District Number Three, and establish the boundaries of Tax Increment District Number Three as contained in the July 26, 2004, Project Plan, Brookfield Community Development Authority Resolution No. 1-04.)

Alderman Mahkorn moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Wentz and carried Ayes 12, Nays 2 with Aldermen Blackburn and Kilkenny voting nay.

This is such a simple recording of a two hour debate with endless speech making.

MJS - August 17, 2004 - Brookfield Square area gets $21 million boost

Alderman Mahkorn moved approval of the Resolution approving a project plan for Tax Increment District No. 3 (TID #3), for the creation of said district, and establishment of the boundaries of TID #3 in the City of Brookfield, Wisconsin. The motion was seconded by Alderman Garvens.

Alderman Sutton moved to amend the Resolution to include an Item #7 as follows, "It is an advisory recommendation from the Common Council to the Plan Commission that of the 410 units identified in the plan, no more than 164 units are apartments. The motion was seconded by Alderman Berg and carried Ayes 8, Nays 6 with Aldermen Brunner, Garvens, Balzer, Ponto, Wentz and Franz voting nay.

The original amendment was to ban any apartment units in TID #3 south of Bluemound Road.  This was modified to an advisory statement when it became clear that there was not enough support to get it passed.  Many of the aldermen believed that too many restrictions would limit the city's ability to negotiate with a developer.

Ald. Berg believes a hard limit right up front would have been better.  There are no specific proposals now, so it really wouldn't be giving anything away.  Now if a developer makes a proposal with a lot of apartments, rejecting will be criticized since the developer "met the technical requirements" and "we can't lose this deal because we might not get another one."  Still, there was the political reality to deal with and an advisory statement is better than no statement at all.

The motion as amended carried Ayes 12, Nays 2 with Aldermen Kilkenny and Blackburn voting nay. Resolution No. 7288-04*

Again, Ald. Kilkenny and Blackburn wanted no part of TID #3.

The next item that was given special consideration was Item #12 from the Plan Commission meeting of July 26, 2004 – the resolution requiring the televising of the Plan Commission meetings. Referred from the Common Council.

No action was taken by the Plan Commission.

Alderman Mahkorn moved to take off the table the Resolution requiring the televising of Plan Commission meetings. The motion was seconded by Alderman Kilkenny and carried unanimously.

Alderman Mahkorn moved approval of the Substitute Resolution authorizing the Mayor to appoint an ad hoc Television Review Committee made up of Council Leadership Team, consisting of the chairmen of the Finance, Legislative & Licensing, Personnel, Board of Public Works and Sewer & Water Committees, and the Council President, to study the City's capacity to televise its committee, board and commission meetings. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7289-04*

There were four legislative referrals.

1. Alderman Wentz requested that the Pod storage units, that have been cropping up, be reviewed for possible legislation to control their use and location.

2. Alderman Kilkenny requested that a sign relative to dog waste be reviewed and possibly removed as the reason for the sign is no longer there.

3. Alderman Berg requested that an article he had drafted by the City Attorney’s office relative to the Ethics Code be referred to the Legislative Committee.

4. Alderman Schellinger requested that a committee be created to analyze, study and review the data from the Waste Management Site.

Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Sutton and carried unanimously. 11:05 p.m.

Kristine A. Schmidt, City Clerk

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