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 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, NOVEMBER 2, 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, Richard Brunner, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Ron Balzer, Christopher Blackburn, Mike Franz, Beverly Wentz (present via teleconference call), Jim Heinrich

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, City Attorney Vince Moschella, Director of Administration Dean Marquardt, Director of Finance Robert Scott, Director of Human Resources Jim Zwerlein, Assistant City Attorney Karen Flaherty (acting as City Clerk due to the Presidential Election)

Mayor Jeff Speaker called the Common Council to order at approximately 7:55 p.m.

Four people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the issues of video gambling machines and the Calhoun South Plan/Swanson School issue.

The next Common Council meeting is scheduled for November 16, 2004.

John Horter, Brookfield resident, led the Common Council in the Pledge of Allegiance to the American Flag.

ACTIONS OF THE COMMON COUNCIL

CONSENT AGENDA

Alderman Garvens moved approval of the Consent Agenda. The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call.

a) Minutes of the Regular Common Council meeting of October 19, 2004.

Actions and recommendations from the Plan Commission meeting on October 25, 2004

b) Approve the actions and recommendations of the Plan Commission as represented in the October 25, 2004, minutes, except for Items 2, 3, 4, 5, and 6.

As recommended by the Finance Committee

c) Approve Vouchers exceeding $50,000 requiring immediate action.

d) Request of the Finance and Information Technology Departments to approve renewal of the software maintenance agreement with New World Systems for the period of January 1, 2005, through December 31, 2007, for a total of $136,950.

e) Resolution approving budget amendment requested by the Director of Finance: increase wastewater treatment plant replacement account 401-350-828-000 by $45,000 for replacement of laboratory equipment. Resolution No. 7307-04* f) Resolution approving City policy regarding risk management. Resolution No. 7308-04*

As recommended by the Legislative & Licensing Committee

g) Approve Original Bartender's License for Sandra J. Harding.

As recommended by the Personnel Committee

h) Resolution approving the City's dental insurance program for 2005. Resolution No. 7309-04* i) Resolution approving the City's health insurance program for 2005. Resolution No. 7310-04*

Items Removed from the Consent Agenda

There were no items removed from the Consent Agenda.

(End of Consent Agenda)

FINANCE COMMITTEE

Alderman Garvens moved approval of the Resolution authorizing the issuance and awarding the sale of $9,495,000 General Obligation Promissory Notes; providing the form of the notes; and levying a tax in connection therewith. The motion was seconded by Alderman Berg. A roll call vote was taken and carried unanimously.

Alderman Garvens moved approval of Item #6 – the Resolution approving Amendment to Lease and Management Agreement dated March 13, 2002, between the City of Brookfield and Sharon Lynne Wilson Center for the Arts, Inc.; and Item #7 – the Resolution approving an Agreement between the City of Brookfield and Sharon Lynne Wilson Center for the Arts, Inc., dated December 7, 2004, regarding compliance with U.S. Treasury regulations related to City debt issued for the project. The motion was seconded by Alderman Heinrich and carried unanimously.

Item # 6 – Resolution No. 7311-04*

Item #7 – Resolution No. 7312-04*

These three actions refinanced the municipal bonds that the City took out to loan construction money for the Wilson Arts Center.  The lower interest rate will reduce the total payments by well over $200,000.  That savings was passed on to the Wilson Center in the form of lower loan payments.

COUNCIL AS A WHOLE

Alderman Schellinger moved to override the Mayor's veto of Ordinance No. 1983-04 relative to video gambling machines. The motion was seconded by Alderman Sutton. A roll call vote was taken and carried Ayes 10, Nays 4 with Aldermen Owen, Wentz, Mahkorn and Heinrich voting nay. Remains as Ordinance No. 1983-04*

This was Mayor Speaker's first veto.  Vetoes are rare in Brookfield, about one every ten years.  Mayor Speaker lobbied very hard for someone to change their votes, but no one changed their vote of October 19.

The two chief advocates for this change in city ordinance were the tavern owners and the American Legion Post.  Some people believe those two groups will oppose any run for re-election that Mayor Speaker attempts.  During the meeting the Mayor specifically stated that he does not believe that will be the case.

MJS - November 3, 2004 - Brookfield lets video gambling return

See: Video Gambling in Brookfield

Alderman Brunner moved approval of the Mayor's Appointments to the Landfill/Moratorium Committee. The motion was seconded by Alderman Kilkenny.

Alderman Schellinger moved to amend Committee membership to remove himself from the Committee and ask the Mayor to consider four names he had submitted. The motion was seconded by Alderman Franz and carried unanimously.

The motion as amended carried unanimously.

Ald. Schellinger voluntarily removed his name from consideration in order to free up a committee slot for someone else.  Ald. Schellinger had submitted several citizen's resumes for the Mayor's consideration but all were rejected.

There was one legislative referral:

a. Alderman Schellinger asked that the Planning Department look at extending the pathway from Mt. Vernon Avenue to McDonalds.

Alderman Brunner moved to adjourn the meeting. The motion was seconded by Alderman Ponto and carried unanimously. 8:46 p.m.

___________________________________ Kristine A. Schmidt, City Clerk

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

10096 REGULAR COMMON COUNCIL NOVEMBER 2, 2004