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, JANUARY 18, 2005, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER PRESIDING

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

This was Ald. Kilkenny's first absence at a Council meeting since telephoning in to the interview that resulted in her appointment to alderman and since missing the Council meeting on August 20, 2002 where her appointment was confirmed .  Her reason was a "bad cold", although she was able to produce many emails that day regarding various city activities.  She did not telephone in, apparently since she did not make her decision to not attend soon enough to get Council President authorization to call in, as per ordinance.

ALSO PRESENT: Director of Community Development Dan Ertl, City Attorney Vince Moschella, Director of Administration Dean Marquardt, Director of Finance Robert Scott, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Human Resources Jim Zwerlein, Fire Chief John Dahms

The next Common Council meeting will be scheduled for February 1, 2005.

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

Following this meeting was the annual holiday party for the Councl.  Also invited were senior staff and spouses.  Ald. Kilkenny and Franz did not attend. 

A story you won't see in the papers is that the entire bill was paid for by Council President Dick Brunner, who was then reimbursed by the 12 attending aldermen. 

The next morning, supposedly acting on a tip, a reporter called City Hall and was disappointed to learn that no tax money was spent on the party.  The tipster was wrong and the reporter didn't think it was newsworthy.  In case you have any doubts, here is my cancelled check.

Ald. Berg's employer stopped paying for holiday parties in 2003.  After all, paying for something this frivolous either leads to over-charging  customers or taking money out of the shareholder's pockets.  The same idea holds true to governments.  Perhaps it holds true for your employer too.

Alderman Heinrich requested Items g and i be removed from the consent agenda.

Alderman Heinrich moved approval of the Consent Agenda, except for Items g and i. The motion was seconded by Alderman Owen and carried unanimously. Recorded as a roll call.

a) Minutes of the Regular Common Council meeting of December 21, 2004.

b) Approve the actions and recommendations of the Plan Commission as represented in the January 10, 2005, minutes except for items 3 and 4.

c) No action was taken on the Vouchers exceeding $50,000 requiring immediate action.

d) Request of the Water Utility to purchase new customer and replacement meters as directed by the Public Service Commission from account 501.346-0000 for a total amount of $190,000.

e) Request of the Highway Department to purchase road salt from North American Salt Company for the total amount of $130,988.

This gave the staff authority to purchase up to 4,400 tons of road salt at $29.77/ton, up from $29.15/ton last year.  Any leftover salt is carried over to next season.  The salt is stored at the Public Works garage along River Road (recycling center) and at the salt broker site next to Lake Michigan.  When the local storage gets low, a few truckloads are brought in.  That trades the cost savings from not constructing a new storage shed against the inconvenience of not having the salt on site.

f) Resolution rescinding property taxes assessed against personal property tax key number 6930. Resolution No. 7335-05*

g) Removed from the Consent Agenda.

h) Resolution amending 2005 computer replacement special revenue fund budget requested by the Director of Finance: increase expenditures by $16,000 for purposes of hardware maintenance costs. Resolution No. 7336-05*

i) Removed from the Consent Agenda.

As recommended by the Legislative & Licensing Committee

j) Approve five Original Bartender's Licenses applications. (See Legislative and Licensing Committee agenda for names).

k) Ordinance creating Section 15.04.480 D.10 of the Municipal Code banning the permanent presence of temporary storage containers (PODS). Ordinance No. 1995-05*

As recommended by the Board of Public Works

l) Resolution approving the Pilgrim Parkway Pathway project agreement with the State of Wisconsin Dept. of Transportation (west side of Pilgrim Parkway from Gebhardt Road to Bluemound Road). Resolution No. 7337-05*

m) Resolution approving the Dedication of Public Facilities for the Weston Heights subdivision: roadway and storm sewer system. Resolution No. 7338-05*

Weston Heights is a new subdivision near Greenfield Avenue.  As has been common practice for many years, the developer built the road and installed sewer and water pipes at his expense, then gave (dedicated) them to the city at no cost.  Of course, he than adds that cost to the homes he is building so that the new residents completely paid their own way for city services.

As recommended by the Sewer and Water Board

n) Final Resolution levying water main assessment against 4400 Cherokee Drive, BRC 1022-007, $1,858.48. Final Resolution No. 7339-05*

o) Resolutions approving the Dedication of Public Facilities for the Weston Heights Subdivision: water and sanitary sewer system. Resolution No. 7340-05* and 7341-05*

Weston Heights is a new subdivision near Greenfield Avenue.  As has been common practice for many years, the developer built the road and installed sewer and water pipes at his expense, then gave (dedicated) them to the city at no cost.  Of course, he than adds that cost to the homes he is building so that the new residents completely paid their own way for city services.

p) Resolution approving an Intermunicipal Agreement between the Town of Brookfield Sanitary District #4, the City of New Berlin and the City of Brookfield conveying capacity of the Fox River Water Pollution Control Center from the City of New Berlin to the Town of Brookfield Sanitary District #4. Resolution No. 7342-05*

As recommended by the Water Board and Parks & Recreation Commission

q) Resolution approving a Perpetual Water Main and Access Easement located in Wirth Park. Resolution No. 7343-05*

(End of Consent Agenda)

Item 4 - Items Removed from the Consent Agenda

As recommended by the Finance Committee

Item #g – Alderman Brunner moved approval of the Resolution amending 2005 cable television special revenue fund budget requested by the Director of Administration: increase expenditure account 205-215-579-513 by $9,600 for purposes of funding additional equipment acquisitions related to meeting broadcasts. The motion was seconded by Alderman Berg and carried Ayes 12, Nays 1 with Alderman Wentz voting nay. Resolution No. 7344-05*

This was the purchase of an additional television camera for the Council Room, a sound mixer and some playback equipment.  This will allow better coverage of the committee meetings held in the Council Room and the ability to play back many different meetings consecutively  without operator intervention.  The money is from the $0.15/month surcharge on resident's cable television bills - no tax money will be used.

Ald. Wentz also voted no at the preceding Finance Committee meeting.  Ald. Wentz stated at the Council meeting that the cable surcharge was "just another tax".  When Ald. Berg asked if she would approve the purchase if the money was solely from private donations, Ald. Wentz said "probably not, since it is just an unnecessary expenditure when cities are strapped."

Item #i – Alderman Owen moved to deny the claim filed against the City (Teske). The motion was seconded by Alderman Wentz and carried Ayes 11, Nays 2 with Aldermen Sutton and Brunner voting nay.

This was a claim for cleaning up a basement sewer backup in a residence in the 1st district, which Ald. Brunner and Sutton represent.  The City maintains that the backup was caused by a clog created by a neighboring resident, not the city.

PLAN COMMISSION

Alderman Mahkorn moved to take off the table the actions and recommendations of Item #3 from the Plan Commission as represented in the January 10, 2005, minutes – the request to modify sections in Title 16 – Platting, and Title 17 – Zoning, regarding the creation and design of single-family lots. The modifications include minimum average width, required street access, buildable area of lots and lot configuration. (Tabled at the October 5, 2004, Common Council meeting.) The motion was seconded by Alderman Owen and carried unanimously.

The Plan Commission recommended approval to affirm the Plan Commission's prior approval of the proposed ordinance as drafted regarding modification to Titles 17 Zoning and 16 Subdivision affecting the creation and the design of lots.

Alderman Mahkorn moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Owen and carried unanimously.

Alderman Mahkorn moved to take off the table the Ordinance amending various subsections of Titles 16 (Subdivisions) and 17 (Zoning) affecting the creation and design of lots. (Tabled at the October 5, 2004, Common Council meeting.) The motion was seconded by Alderman Wentz and carried unanimously.

Alderman Mahkorn moved adoption of the Ordinance amending various subsections of Titles 16 (Subdivisions) and 17 (Zoning) affecting the creation and design of lots. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Ordinance No. 1996-05*

This is a long and complex ordinance, but in a nutshell it makes it more difficult to take a large lot and carve it up into smaller lots to be offered for sale.  People owning these large lots claim this is unfair since it prevents them from making money by becoming a mini-developer.  The Council's intent is to protect the character of neighborhoods with a few houses on large lots by preventing them from turning into a bunch of houses on small lots.

COUNCIL AS A WHOLE

In response to a question, Mr. Ertl stated that the public hearing regarding amendments to the Illumination Code will appear before the Common Council on February 15th.

Also on February 15 will be a public hearing on a proposed MSO zoning change to allow three new stores to be built on the southwest corner of Blue Mound Road and Moorland Road, i.e. the corner of the Brookfield Mall.

Legislative Referrals:

1. Alderman Owen stated a comprehensive review of the illumination code is needed. Any comprehensive review should include the consolidation of items relative to illumination into one section of the code. Referred to Plan Commission.

Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Sutton and carried unanimously. 8:20 p.m.

Kristine A. Schmidt, City Clerk

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