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, FEBRUARY 15, 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, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Ron Balzer, Christopher Blackburn, Jim Heinrich, Cindy Kilkenny, Beverly Wentz, Mike Franz

ALDERMEN ABSENT & EXCUSED: Richard Brunner

ALSO PRESENT: Director of Community Development Dan Ertl, City Attorney Vince Moschella, Director of Administration Dean Marquardt, 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 March 1, 2005. Employee Harassment Prevention Training for elected officials will precede the Common Council Meeting at 6:30p.m. on March 1, 2005.

Boy Scout Troup 55 from Wisconsin Hills Middle School led the Common Council in the Pledge of Allegiance to the American Flag.

Alderman Sutton moved to cancel and reschedule the public hearing for a later date at the request of the proponent, CBL & Associates Properties and P.A. Bergner & Co. of Illinois (Brookfield Square property). The motion was seconded by Alderman Ponto and carried unanimously.

A public hearing was heard regarding the request of the City of Brookfield to amend the Zoning Code or Section 17.120.070 A., D., E., F., J., and K. relating to the Illumination Code. (Separate minutes for the hearing are available in the City Clerk’s office)

Ald. Berg made a clear statement of opposition to the code change prohibiting sodium lights in commercial area of the city.  For more information, see: Lighting Ordinance

The intent of this change was to regulate lighting for parking lots and sidewalks in commercial properties.  Buried in the fine print was a prohibition against sodium lighting.  Some Plan Commission members believe sodium lights are unattractive and want them eliminated.

Alderman Berg requested Items 'l' and 'm' be removed from the consent agenda.

Alderman Garvens moved approval of the Consent Agenda, except for Items 'l' and 'm'.

Alderman Sutton asked to be recorded as abstaining from item ‘b’. The motion was seconded by Alderman Ponto and carried unanimously. Recorded as a roll call.

a) Minutes of the Regular Common Council meeting of February 1, 2005.

As recommended from the Finance Committee

b) Vouchers exceeding $50,000 requiring immediate action. Alderman Sutton abstained from voting. Pierce Mfg, balance due on Quantum Fire pumper, $139,887.00.

Ald. Sutton's employer does a substantial amount of business with Pierce Manufacturing, so Ald Sutton abstained to avoid any conflict of interest questions.

c) Resolution approving General Fund budget amendments requested by the Director of Finance to implement the provisions of the 2005 salary ordinance, provisions of certain union contracts, and adjust budgeted 2005 health insurance and retirement health savings costs. Resolution No. 7347-05*

d) Resolution approving sewer and water fund budget amendments requested by the Director of Finance to implement the provisions of the 2005 salary ordinance and adjust budgeted 2005 health insurance and retirement health savings costs. Resolution No. 7348-05*

e) Resolution approving Health Insurance internal service fund budget amendment requested by the Director of Finance to adjust the revenue budget for the fund to reflect expected City, employee and retiree contributions for the 2005 health insurance program. Resolution No. 7349-05*

f) Resolution refunding property taxes (double assessment) for personal property tax key #7596. Resolution No. 7350-05*

g) Request of the Library to purchase books and collection materials for public use from Baker & Taylor – Momence for $88,500.

As recommended by the Legislative & Licensing Committee

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

As recommended by the Personnel Committee

i) Resolution approving a labor agreement between the City of Brookfield and Local 20, District Council 40, AFSCME, AFL-CIO, Library Employees effective January 1, 2004, through December 31, 2005. Resolution No. 7351-05*

As recommended by the Board of Public Works

j) Resolution approving an amendment to the solid waste contract with Onyx substituting a letter-of-credit for a performance bond. Resolution No. 7352-05*

k) Ordinance amending Sections 8.24.050 B.2, 8.24.050 D., and 8.24.080 of the Municipal Code regarding garbage and recyclables collection and disposal. Ordinance No. 1999-05*

l) Removed from the Consent Agenda.

m) Removed from the Consent Agenda.

n) Resolution approving the Dedication of Public Facilities for Driftwood Estates (roadway and storm sewer). Resolution No. 7353-05*

As recommended by the Sewer and Water Board

o) Resolution approving the Dedication of Public Facilities for Driftwood Estates (sanitary sewer). Resolution No. 7354-05*

p) Resolution approving a Perpetual Water Main Easement for Emerald Ridge Condominium development and Hawks Point Subdivision. Resolution No. 7355-05*

q) Resolution approving the Dedication of Public Facilities for Driftwood Estates (water main). Resolution No. 7356-05*

(End of Consent Agenda)

Item 4 - Items Removed from the Consent Agenda

As recommended by the Board of Public Works

Item #l – Alderman Heinrich moved approval of the Resolution approving a 3-party contract with the State of Wisconsin Department of Transportation, City of Brookfield, and R.A. Smith and Assoc., Inc. for the design of the I-94 bridge over Calhoun Road. The motion was seconded by Alderman Ponto and carried Ayes 12, Nays 1 with Alderman Blackburn voting nay. Resolution No. 7357-05*

Item #m – Alderman Heinrich moved approval of the Resolution approving the design engineering and right-of-way acquisition contract for Calhoun Road from Bluemound Road to Greenfield Avenue to R.A. Smith and Associates, Inc. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7358-05*

Items l and m concerned entering into contracts to significantly expand and modify Calhoun Road between Blue Mound Road and Greenfield Avenue.  This is part of the master transportation plan created several years ago that recognizes that traffic in the Blue Mound corridor is already heavy and will only get worse.  Calhoun Road will be widened to four lanes, which will require the I-94 overpass to be widened.

Ald. Blackburn once again stated his belief that "If you build it, they will come"; reasoning which claims that improving traffic flow by widening Calhoun Road will only encourage more people to use "that new road" , rather than avoid the area altogether.

Interestingly enough, both Ald. Heinrich and Kilkenny, who have been consistent opponents of an I-94 interchange at Calhoun Road, approved both of these measures at both the Board of Public Works meeting on February 8 and at this Council meeting.  It appears that they do not believe that widening Calhoun Road and building a new, wider bridge encourages in any way the construction of such an interchange.  Mayor Speaker also made a rare statement during this debate that he supports these two measures in the interest of improving traffic safety.  Director of Public Works Grisa stated that the bridge would be more or less the same whether it was incorporated into an interchange or not.

Legislative Referrals: There were no referrals.

Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Garvens and carried unanimously. 8: 50 p.m.

Kristine A. Schmidt, City Clerk

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