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 16, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER PRESIDING

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

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

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

a) Minutes of the Regular Common Council meeting of November 2, 2004.

b) • P.C. Item #2: Request of US Cellular, c/o Murn & Martin, S.C., W229 N1792, Amber Lane, Waukesha, WI 53186, J. Michael Long, Representative, for approval of a conditional use permitting installation of wireless telecommunications equipment (antennas and equipment) on the building located at 300 N. Corporate Dive.

The Plan Commission recommended approval for a conditional use permitting the installation of one wireless telecommunications facility at 300 N. Corporate Drive subject to the conditions listed in the minutes.

Ordinance granting a conditional use for the purpose of permitting the installation of a wireless telecommunications facility (antennas and equipment) for one wireless service provider on the building located at 300 N. Corporate Drive. Ordinance No. 1984-04*

c) Approve the remaining actions and recommendations of the Plan Commission as represented in the November 8, 2004, minutes except for Item 3, and the Plan Review Board minutes of October 21, 2004.

As recommended by the Finance Committee

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

e) Resolution awarding the 2005 contract for worker's compensation insurance for the City of Brookfield to Wausau Insurance Companies. Resolution No. 7314-04*

f) Resolution approving capital projects fund budget amendment requested by the Director of Finance and Fire Chief: increase FEMA grants revenue account 601-000-432-800 and Fire Department equipment expenditure account 601-113-700-175 by $13,230 for purposes of recognizing FEMA grant revenue and related expenditures. Resolution No. 7315-04*

g) Resolution approving water utility budget amendment requested by the Directors of Finance and Public Works: increase non-operating revenue account 501-002-421-0000 and maintenance of pumping structures expense account 501-400-631-0000 by $37,004 for purposes of recognizing Wisconsin Homeland Security Grant revenue and related expenses. Resolution No. 7316-04*

As recommended by the Legislative & Licensing Committee

h) Approve Original Bartender's Licenses (see Legislative and Licensing Committee agenda for names).

i) No action taken on the Ethics Board Appointment – Jay D. Rosencrantz. Tabled at the Legislative & Licensing Committee.

As recommended by the Personnel Committee

j) Resolution approving a Memorandum of Understanding concerning the labor relations impact of creating a 24-7 Records Clerk schedule in the Police Department. Resolution No. 7317-04*

k) Resolution approving the 2005 Labor Agreement between the City of Brookfield and the Brookfield Professional Police Association (B.P.P.A.) effective January 1-December 31, 2005. Resolution No. 7318-04*

As recommended by the Sewer and Water Board

l) Resolution accepting and approving the Homeland Security Equipment Grant in the amount of $37,004 for improving the safety and security of the City of Brookfield Water Utility facilities. Resolution No. 7319-04*

This federal grant will pay for new locks and alarms system at various municipal pump houses and water towers.  It is part of the federal government's effort to secure city water supplies against terrorist attack.

m) Resolution interpreting Section 13.08.010 B. of the Municipal Code regarding the sale of condominium units connecting to City water. Resolution No. 7320-04*

Council As A Whole

n) Resolution approving the Joint Powers Agreements for the County 911 Emergency System between the Village of Elm Grove, Waukesha County, and the City of Brookfield. Resolution No. 7321-04*

Items Removed from the Consent Agenda

(End of Consent Agenda)

FINANCE COMMITTEE

Alderman Garvens moved adoption of the Ordinance appropriating the necessary funds and adopting the budgets for the operation of the government and administration of the City of Brookfield for the year 2005. The motion was seconded by Alderman Wentz.

Alderman Heinrich moved to amend the Capital Improvement Budget to remove monies for an environmental impact study for an interchange along I-94. The motion was seconded by Alderman Kilkenny. A roll call vote was taken and failed Ayes 5, Nays 9 with Aldermen Kilkenny, Heinrich, Blackburn, Schellinger and Franz voting aye.

The 2005 budget includes $250,000 for partially funding an environmental impact study for the proposed I-94 interchange.  This multi-year, multi-million dollar study will be half funded by the city and will assess changes to drainage, wildlife, plants and resident's quality of life for the interchange area.

• Ald. Heinrich objected since, at this time, there is no signed contract with the Wisconsin Department of Transportation to fund the rest of the study.  Ald. Heinrich also tried to remove the money at the Finance Committee meetings.

• Ald. Blackburn objected that the 6th district did not want the interchange.  He repeated a claim he has often made, "If you build it, they will come", meaning that traffic will only increase as roads improve, as opposed to traffic increasing anyway and service becoming worse.

• Ald. Schellinger objected to not having a signed contract with the state DOT.  Ald. Schellinger also tried to remove the money at the Finance Committee meetings.

• Ald. Franz made no statement.

• Ald. Kilkenny objected on the grounds that the interchange will only promote growth in the nearby WTMJ/Ruby Farms property which "no one wants".

• Ald. Berg supported funding the environmental study for several reasons.  First, the future use of the WTMJ/Ruby Farms property is a highly complex  land use issue appropriate for extended Plan Commission, Master Plan and citizen debates, not a casual last minute change to the annual budget.  Second, construction of an interchange to support the land use is a Board of Public Works (BPW) issue.  Ald. Heinrich is chairman of the BPW yet he has never scheduled a review of that road plan.  Third, the city and the state DOT have a long standing and cooperative relationship.  It is unimaginable for the DOT to go as far as it has with this verbal contract, then back away at a later time.  After all, which city would ever trust them again?  Finally, Ald. Berg believes in preparing for the future, not just reacting when something goes wrong.  For example, throughout the 1980's and 1990's the Council ignored a grossly inadequate stormwater  and sanitary sewer system.  The rains of 1997 and 1998 caused enormous damage and prompted the spending of tens of millions of dollars in a very short time, pulling money away from other important projects.  Could that disaster be repeated with traffic in the Blue Mound Road corridor?  Hasn't  the Council learned how foolish it is to pretend a problem does not exist, then play catch-up?

Thus, most of the dissenting aldermen cited what they believed to be a deficient legal framework or had no stated objection.  That is very different from a clearly stated fundamental objection to the interchange and surrounding land use.  There's less to this split vote than some people would have you believe.

Alderman Kilkenny moved to remove approximately $4,000 for turf maintenance in areas not required by ordinance in areas adjacent to private properties and apply that money to the Library materials account. The motion was seconded by Alderman Brunner. A roll call vote was taken and failed Ayes 2, Nays 12 with Alderman Brunner and Kilkenny voting aye.

The city maintains many public green spaces, including the yards around public buildings, the city parks and numerous roadsides and road medians.  The annual cost of this turf maintenance is about $250,000.  Ald. Kilkenny believes that some of those areas should be maintained by private residents and that the city's cost for maintaining those areas is about $4,000.

• Having identified what, in Ald. Kilkenny's opinion, is $4,000 of "waste", Ald. Kilkenny moved to spend that money for purchasing library materials.  Ald. Brunner had approved this spending at the Finance Committee, then flip-flopped his vote at the Council with little comment.

• Note that Ald. Kilkenny did not remove the "waste" from the budget and lower the tax levy by $4,000.  The money was burning on hole in her pocket.  Ald. Kilkenny is a member of the Library Board of Trustees and she tried to redirect that money to her favorite project.  One wonders if she would have made this motion is she was not a member of the library board.

• Ald. Berg attended the regularly scheduled public library meeting where the budget was discussed.  Three board members summarized their budget meeting with the mayor as satisfactory and "we didn't have to offer all the cuts we had discussed."

• The Brookfield Library 2005 budget is $2,183,430.  Of that, library materials (account 541-000) is $232,158.  There is another $119,008 for serial publications (magazines) and another $12,943 for on-line electronic services.  In 2003 (the last year for which this information is available), Brookfield spent 16% of its library budget materials compared to the 12% average for comparable libraries.  Also, libraries generally (but not always) receive a 50% discount from the cover price of the book, so their dollars go nearly twice as far as the rest of us.  Put another way, the library spends 84% of its budget running the circulation desk and warehousing the books. How much is enough? 

• In 2003 (the last year for which this information is available), Brookfield spent $47.54 per resident for the library while the Wisconsin average for similar cities was $39.69.  If spending 20% more than the state average is the expectation of the community and another $4,000 is needed, why do residents complain that their taxes are too high? 

• Ald. Kilkenny has written that, "12 of the 14 aldermen thought pretty yards at the taxpayer's expense were more valuable than the library collection."  Using that same logic, Ald. Kilkenny's locating this "waste", then failing to move the $4,000 to the DARE program must mean that she believes buying videotapes of old movies at the taxpayer's expense is more valuable than keeping our children off drugs.  Is that really the type of reasoning you want your elected officials to use?

City Council meetings are held in an open room in a well known location at City Hall and are televised on the local cable television system (Channel 25).  The library board, who created this budget, meets in a secured room that a library staff member must escort visitors to and does not televise its meetings. The library has three (3) rooms suitable for board meetings in highly public areas (west of the front entrance) yet chooses not to use them.  For spending over $2.1 million of the public's tax money, the library board is remarkably secretive.

Ald. Berg strongly supports the public library system.  Ald. Berg spent many hours in libraries both when growing up and as an undergraduate and graduate college student. The rise of electronic media has not diminished the need for a public library in the least.  Ald. Berg has never turned down a library request. However, given that residents constantly complain that their taxes are too high, it is clear that even a public library does not have a blank check.  By any measure to comparable communities, the Brookfield library already spends more and does more.  How much is enough?

A roll call vote was taken on the original motion to appropriate the necessary funds and adopt the budgets for the operation of the government and administration of the City of Brookfield for the year 2005 and the motion carried unanimously. Ordinance No. 1985-04*

MJS, Nov 16, 2004 - 2005 budget passes amid little fanfare - Brookfield alderman approve 3.7% rise in spending, 3% in tax levy

Alderman Garvens moved adoption of the Ordinance levying property taxes for the General, Wastewater Utility, Special Revenue and Debt Service Funds of the City of Brookfield for the year 2005. The motion was seconded by Alderman Heinrich. A roll call vote was taken and carried unanimously. Ordinance No. 1986-04*

Alderman Garvens moved adoption of the Ordinance approving the authorized positions for departments of the City of Brookfield for the year 2005. The motion was seconded by Alderman Owen. A roll call vote was taken and carried unanimously. Ordinance No. 1987-04*

COUNCIL AS A WHOLE

Alderman Brunner moved adoption of the Charter Ordinance creating Section 2.36.060 C. of the Municipal Code granting authority to the Common Council regarding the Master Plan. The motion was seconded by Alderman Sutton.

Alderman Ponto moved to refer the Ordinance to the Legislative & Licensing Committee. The motion was seconded by Alderman Garvens and carried Ayes 11, Nays 3 with Alderman Heinrich, Kilkenny and Blackburn voting nay.

Alderman Brunner moved approval of the Mayor's Appointment to the Landfill/Moratorium Committee – Gary A. Fahl. The motion was seconded by Alderman Ponto and carried unanimously.

There were three legislative referrals:

a. Alderman Brunner requested that an agenda item be placed on the December 7, 2004 Common Council agenda to discuss whether there is a need for a Common Council meeting on December 21, 2004.

b. Alderman Wentz requested a review as to the need for a tree preservation ordinance.

c. Alderman Sutton requested that the Board of Public Works revisit turf maintenance policies as it pertains to right of way adjacent to private property.

Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Heinrich and carried unanimously. 9:25 p.m.

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Kristine A. Schmidt, City Clerk

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