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, DECEMBER 6, 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, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Mike Franz, Christopher Blackburn, Jim Heinrich, Cindy Kilkenny, Mark Nelson, James Garvens, Ron Balzer, Richard Brunner

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Vince Moschella, Director of Administration Dean Marquardt, Deputy City Clerk Renee Tadych, Director of Community Development Dan Ertl, Director of Public Works Tom Grisa, Director of Human Resources Jim Zwerlein, Director of Finance Robert Scott, Assistant City Attorney Karen Flaherty, Planning Administrator Mike Theis, Neighborhood Planner/Designer Carrie Johnson

Mayor Jeff Speaker called the Common Council to order at approximately 8:00 p.m.

The next Common Council meeting will be December 20, 2005.

Two people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the South Calhoun Road widening project.

Mayor Speaker presented the Third Quarter 2005 Featured Business Award to Carol White, Executive Director from the Greater Brookfield Chamber of Commerce.

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

Two public hearings were heard previously regarding Erbary Place, 18305 and 18345 Davidson Road; and Zoning Code Amendments to the Board of Zoning Appeals, Building Setbacks and Landscaping Requirements. (See separate minutes for the hearing.)

Aldermen Heinrich moved approval of the items on the Consent Agenda, except for Item #8. The motion was seconded by Alderman Kilkenny and carried unanimously. Recorded as a roll call.

1) Minutes from the Regular Common Council meeting of November 15, 2005.

2) • P.C. Item #2: Department of Community Development comprehensive planning initiatives for 2006 as related to the City's 2004-06 Strategic Plan and other initiatives.

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

4) Resolution approving revised City Investment Policy. Resolution No. 7503-05*

5) Resolution relative to termination of the City's membership in the Wisconsin Local Government Telecommunications Coalition. Resolution No. 7504-05*

6) Eight Original Bartender Licenses, tabled one license, and denial of one license (see Legislative & Licensing agenda for names).

7) Change of Agent for G & R 124^th St. Foods, d/b/a Sendik's Market Elmbrook, 2315 N. 124^th St.; Agent – John B. Sendik.

8) Removed from the consent agenda.

9) Resolution approving the Joint Powers Agreements for 2006 between Waukesha County Department of Emergency Preparedness for the County 911 Emergency System. Resolution No. 7505-05*

10) Mayor's Reappointment:

a. Marge Engelking to the Board of Review for a 3-year term ending January 1, 2009.

11) Items removed from the Consent Agenda --

The next item was #8 – Alderman Mahkorn moved approval of the Legislative & Licensing Committee's Reappointment – Susan T. Heffron to the Ethics Board for a 3-year term ending November 5, 2008. The motion was seconded by Alderman Kilkenny and carried unanimously.

12) Director of Community Development Dan Ertl made a brief presentation regarding the Village Area Neighborhood Plan.

13) Alderman Mahkorn moved approval of Plan Commission #1 – Actions and recommendations from the Plan Commission minutes of November 21, 2005, the Village Area Neighborhood Plan document as an element of the Brookfield Year 2020 Master Plan as recommended by the Village Area Task Force on September 19, 2005. The motion was seconded by Alderman Nelson.

Alderman Heinrich moved to amend the reference of height limit from 2 1/2 stories to 35 feet to be measured from the middle of the road. The motion was seconded by Alderman Blackburn.

Before Alderman Heinrich's motion was voted on, Alderman Kilkenny moved to remand back to the Plan Commission and any specific questions or concerns must be submitted in writing to Community Development by January 2, 2006. The motion was seconded by Alderman Berg and carried Ayes 8, Nays 6 with Aldermen Brunner, Owen, Garvens, Ponto, Nelson and Schellinger voting nay.

14) Alderman Mahkorn moved approval of the Resolution adopting the Village Area Neighborhood Plan document as an element of the Brookfield Year 2020 Master Plan as recommended by the Village Area Task Force on September 19, 2005. The motion was seconded by Alderman Berg.

Alderman Berg moved to remand back to the Plan Commission and any specific questions or concerns must be submitted in writing to Community Development by January 2, 2006. The motion was seconded by Alderman Mahkorn and carried unanimously.

Ald. Berg was a member of the task force that helped write the proposed plan.  He agreed to send it back to committee so that the proposed changes could be carefully studied and not just have the Council "wing it".

15) Alderman Ponto moved approval of the Ordinance establishing the rate of pay for the elected position of Alderman for calendar years 2009 and 2010. The motion was seconded by Alderman Heinrich.

Alderman Sutton moved to amend the salary ordinance to state as follows: "For Aldermen whose term of office shall begin in 2006 or thereafter, the rate shall be: First meeting after the April 2008 election $9,342. This pay schedule will stay in effect until the first meeting of the Brookfield Common Council after the 2010 election." The motion was seconded by Alderman Blackburn. An electronic vote was taken and the vote was tied Ayes 7, Nays 7 with Aldermen Sutton, Kilkenny, Mahkorn, Berg, Blackburn, Schellinger and Franz voting Aye; and Aldermen Brunner, Owen, Garvens, Balzer, Ponto, Nelson and Heinrich voting Nay. (The Council took a break from 11:00-11:05 p.m.) Upon reconvening, the Mayor broke the tie by voting Nay; therefore, the amendment failed.

Alderman Kilkenny moved to amend the salary ordinance to change the aldermanic pay for 2009 and 2010 from $10,060 and $10,211, respectively, to $9,750. The motion was seconded by Alderman Berg. An electronic vote was taken and the amendment failed Ayes 5, Nays 8, Abstain 1 with Aldermen Sutton, Kilkenny, Mahkorn, Berg, and Blackburn voting Aye; and Alderman Brunner abstaining.

Alderman Berg moved to amend the salary ordinance by freezing the 2008 salary for the years 2009 and 2010 to $9,911. The motion was seconded by Alderman Sutton. An electronic vote was taken and the amendment carried Ayes 12, Nays 1, and Abstain 1 with Alderman Ponto voting nay and Alderman Brunner abstaining. Ordinance No. 2034-05*

MJS - Dec 7, 2005 - Speaker breaks tie to freeze council salaries Brookfield aldermen keep own pay steady but raise mayor's compensation 1.5% per year

16) Alderman Ponto moved adoption of the Ordinance establishing the rate of pay for the office of Mayor for calendar years 2007 through 2010. The motion was seconded by Alderman Sutton.

Alderman Kilkenny moved to amend the ordinance to strike paragraph II(b) and change the salary for the years 2007, 2008, 2009 and 2010 to $94,000. The motion died for a lack of a second.

Once again, Ald. Kilkenny shows her leadership.

An electronic vote was taken and carried Ayes 11, Nays 2 and Abstain 1 with Aldermen Kilkenny and Schellinger voting nay and Alderman Brunner abstaining.

Click here for the complete mayor's salary history.

Mayor Speaker stated he intends to veto this ordinance which will be presented at the next meeting. Ordinance No. 2035-05*

Click here for Mayor Speaker's veto letter (PDF)

The veto was over-ridden at the December 20, 2005 Council meeting.

17) Vince Moschella stated that convening into Closed Session was not necessary.

Alderman Sutton moved approval to discuss the settlement of a lawsuit by the State of Wisconsin against 28 MMSD communities, including the City. The motion was seconded by Alderman Brunner.

Alderman Kilkenny moved approval of the Resolution approving settlement of a lawsuit to be filed by the State of Wisconsin relative to compliance with certain water pollution control laws and authorizes the City Attorney to execute the same on behalf of the City. The motion was seconded by Alderman Sutton and carried Ayes 13, Abstain 1 with Alderman Brunner abstaining. Resolution No. 7506-05*

18) In continuing actions of the Council, pursuant to 19.85(1) of the Wisconsin Statutes, after first convening in open session, the Mayor will explain the nature of the business proposed to be considered in closed session, and upon a motion duly made, seconded and adopted, meeting in Closed Session for the following purpose:

a. Under 19.85(1)(g) Discussion and possible action after conferring with legal counsel relative to a possible settlement of litigation regarding the claim from Mr. and Mrs. Bernard Neigbauer, 1565 N. Calhoun Road.

Alderman Sutton moved to convene into Closed Session under Section 19.85(1)(g). The motion was seconded by Alderman Ponto and carried unanimously. Recorded as a roll call. 12:10 a.m.

Present during closed session were as follows: Mayor, Deputy City Clerk, City Attorney, Director of Public Works, Assistant City Attorney Karen Flaherty, Director of Administration, and Director of Finance.

Alderman Kilkenny moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Ponto and carried unanimously. Recorded as a roll call. 12:24 p.m.

Alderman Kilkenny moved approval of the litigation settlement between the City of Brookfield and Mr. and Mrs. Bernard Neigbauer for the total amount of $21,750, which amount includes all claims, attorney's fees and litigation costs and appraisal costs. The motion was seconded by Alderman Owen and carried unanimously.

19) Legislative Referrals: There were none.

20) Alderman Kilkenny moved to adjourn the meeting. The motion was seconded by Alderman

Mahkorn and carried unanimously. 12:25 a.m.

___________________________________

Renee J. Tadych, Deputy City Clerk

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