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 HELD AT 7:45 P.M., TUESDAY, APRIL 18, 2000, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR KATHRYN BLOOMBERG IN THE CHAIR, LEFT AT 8:30 P.M. DUE TO A FAMILY EMERGENCY. ALDERMAN MICHAEL JAKUS CHAIRED THE REMAINING MEETING

ALDERMEN PRESENT: Howard Washechek, Karl Schulz, Gary Mahkorn, Jim Heinrich, Michael Jakus, Daniel Waffenschmidt, Donald Bauer, Richard Brunner, James Garvens, Steven Ponto, Brad Steinke, Scott Berg, Kari Clappier, Thomas Schellinger

ALDERMEN EXCUSED OR ABSENT: None

ALSO PRESENT: City Attorney Sue Schalig, Director of Administrative Services Dean Marquardt, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Police Chief Robert Jacobs, City Clerk Kris Schmidt, Economic Development Coordinator Kathleen Cady Schilling, Director of Human Resources Victoria Keller, Director of Parks and Recreation William Kolstad, Project Engineer John Laning, Project Engineer Tom Hafner, Project Engineer Carrie Bristoll-Groll

Mayor Bloomberg called the meeting of the Common Council to order at approximately 7:45 p.m.

Judge Christopher R. Foley, Circuit Court Branch 14 of Milwaukee County, administered the oath of office to Municipal Judge Richard Steinberg and the newly elected Aldermen. The Mayor introduced the 24th Council of the City of Brookfield and made a few introductory remarks.

Two public hearings were heard after the swearing-in ceremony:

• "Moorland Road Node" and
• the proposed "Stormwater Management Ordinance".

The last public hearing concluded at 9:15 p.m.

Mayor Bloomberg was excused from the meeting due to a family emergency. Alderman Jakus chaired the meeting in the absence of the Mayor.

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

Alderman Mahkorn nominated Alderman Jakus to be the Council President. The motion was seconded by Alderman Schulz. There were no other nominations from the floor. The motion to elect Alderman Jakus carried unanimously.

Alderman Heinrich moved approval of the Regular Common Council minutes of April 4, 2000. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The next item were the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of April 11, 2000, including the March 30, 2000, Plan Review Board meeting minutes.

The first item was the request of the DeRosa Corporation, 7613 W. State St., Wauwatosa, WI, c/o Craig Eischen, Berghammer Corp., for approval of a rezoning of an existing retail/restaurant building located at 2300 Pilgrim Square Drive from "B-1" Local Business to "B-2" General Business and "MSO" Modified Suburban Overlay with deed restrictions, plan and method of operation, and Certified Survey Map to permit the conversion and remodeling of said building to operate a full-service restaurant with lounge. Also includes a referral to the Board of Public Works to authorize the partial vacation of Pilgrim Square Drive adjacent to this property. (SW 1/4 of Sec. 14)

The Plan Commission recommended approval of the rezoning and plan and method of operation as recommended by the Director of Community Development subject to: recommendation #4 contain a provision for the retention of a 5% landscape bond to insure adequacy of landscape screening; staff approve the design of the gable used to hide the HVAC; and the clean up of the southeast corner of the building relative to utility equipment.

Alderman Schulz moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Schulz moved approval of the Ordinance rezoning the base zoning from "B-1" Local Business to "B-2" General Business and a revision of the Modified Suburban Overlay District for the DeRosa property located at 2300 Pilgrim Square Drive or the northeast corner of North Avenue and Pilgrim Square Drive. The motion was seconded by Alderman Bauer. A roll call vote was taken and carried unanimously. Ordinance No. 1740*

Alderman Schulz moved approval to the Release of Deed Restrictions (Document No. 677284, Page 195, Volume 1073, Waukesha County Register of Deeds) for the property located at 2300 Pilgrim Square Drive, Tax Key No. 1063-997-001. The motion was seconded by Alderman Washechek and carried unanimously.

Alderman Schulz moved approval of the new Deed Restrictions for the DeRosa property located at 2300 Pilgrim Square Drive. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Schulz moved approval of the remaining actions and recommendations as represented in the Plan Commission minutes of April 11, 2000, including the Plan Review Board minutes of March 30, 2000. The motion was seconded by Alderman Garvens and carried unanimously.

PARK AND RECREATION COMMISSION - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution authorizing the Director of Parks and Recreation to sign and submit grant applications to the State of Wisconsin Department of Natural Resources for a grant in Outdoor Recreation Aids for Mitchell Park Phase III - Site Development (Multi-Purpose Community Events Area) and Phase IV - Community Pavilion/Shelter. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6544*

SEWER AND WATER BOARD - Alderman Washechek, Chairman

Alderman Washechek moved approval of the Resolution approving the Perpetual Watermain Easement between de la Mora & Maslowski and the City of Brookfield (for the Greenfield Avenue water main). The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6545*

Alderman Washechek moved approval of the Resolution approving the dedication of watermain on Greenfield Avenue and Moorland Road as part of the Walgreen's development. The motion was seconded by Alderman Heinrich.

Alderman Washechek moved to rescind his motion, as the matter was tabled at the Sewer and Water Board. The motion was seconded by Alderman Brunner and carried unanimously.

Alderman Washechek moved to table. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Washechek moved approval of the Resolution approving the dedication of public facilities for Emerald Ridge Subdivision. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6546*

Alderman Washechek moved approval of the Resolution approving the contract between Ruekert & Mielke and the City of Brookfield for engineering design and construction services for Brookfield Road Well #31 pump station and reservoir, not to exceed $195,000. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6547*

COUNCIL AS A WHOLE (Committee Assignments not made to date)

Alderman Garvens moved approval of the Vouchers exceeding $15,000 requiring immediate action. The motion was seconded by Alderman Brunner and carried unanimously.

Alderman Garvens moved approval of the payment for the Notice of Claim re: Timothy Kremel. This was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Garvens moved approval of Item #13, the Original Bartender Licenses: Erin Billeb, Adam Dillon, Leslie M. Duket, Aaron Fagerstrom, Karen Fuerst, Rosemarie Luckowiak, Jess Murdock, Jessica Topczewski; and Item #14, the Renewal Bartender Licenses: Debbie Adamczak, Mary Bennett, Robert Grasch, Robert Kirchhoff, John Lechman, Linda Pagel, MaryJo Stark, Linda Stiloski, Laura Sullivan. The motion was seconded by Alderman Washechek and carried unanimously.

Alderman Garvens moved approval of the request from the Parks & Recreation Department to purchase a Tractor Mower (72" Out Front, Rear Discharge) from Tractor Loader Sales for $22,550. This was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Garvens moved approval of the request from the Highway/Fleet Department to purchase a Sand Blasting Cabinet and wiring from Midwest Finishing/Guardian Electric for $4,045 and $175, respectively, for a total of $4,220. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Heinrich moved approval of the Resolution awarding the bid for the 2000 Road Resurfacing Project #2000-18 to Stark Asphalt (Division of Northwest Asphalt Products, Inc.) for $797,558.50. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6548*

Alderman Heinrich moved approval of the Resolution commending Richard R. Brandt for 3 years of dedicated service to the City of Brookfield as an Alderman. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6542*

Alderman Garvens moved approval of the Resolution commending Dominic Foglia for 13 years of dedicated service to the City of Brookfield as an Alderman. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6541*

Alderman Garvens moved approval of the Resolution commending Richard H. Witte for 18 years of dedicated service to the City of Brookfield as an Alderman. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6540*

Alderman Garvens moved approval of the Resolution commending Norman H. Draeger for 39 years of dedicated service to the City of Brookfield as an Alderman. The motion was seconded by all the aldermen and carried unanimously. Resolution No. 6543*

Alderman Garvens moved approval of the Proclamation proclaiming April 28, 2000, as "Arbor Day". This was seconded by Alderman Washechek and carried unanimously.

In continuing actions of the Council, pursuant to 19.85(1) of the Wis. Stats., after first convening in Open Session, the Mayor (Council President) will explain the nature of the business proposed to be considered in Closed Session, and upon motion duly made, seconded and adopted, meet in Closed Session for the following purpose:

a. Under 19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. (Discussion and possible action on acquisition of property located at 2460 N. Brookfield Road, 2480 N. Brookfield Road, and 2500 N. Brookfield Road and Discussion and possible action on sale of property owned by City and located at 18440 Milwaukee Avenue.)

Alderman Schulz moved to convene into Closed Session under 19.85(1)(e). The motion was seconded by Alderman Heinrich and carried unanimously. Recorded as a roll call. 9:20 p.m.

Present during Closed Session were as follows: City Clerk, City Attorney, Director of Finance, Director of Administrative Services, Director of Park and Recreation and Director of Community Development.

Alderman Garvens moved to reconvene into Open Session under 19.85(2). The motion was seconded by Alderman Washechek and carried unanimously. Recorded as a roll call. 10:15 p.m.

Wisconsin state law 19.85 defines a very specific set of circumstances where an elected body such as a City Council can meet in private and not release the details of its discussion to the public.  The intent is to allow the council to set negotiating limits for land acquisition, union contract negotiations, litigation strategy, limits for lawsuit settlements and other similar tasks, without the public observing.  For example, if the city council decided it was willing to pay up to $100,000 to buy a piece of land to build a road, and the landowner had been thinking about selling for only $80,000 but then heard the higher limit just by sitting in the audience of an open session of the council, guess what price that landowner would demand?  In the long run, it's your tax money that gets spent, so you want the city to have some privacy in negotiations.  Any action actually requiring spending money, etc., as opposed to just setting a limit for a negotiation, may be informally agreed to during the closed session, but must then be stated and approved in open session.  That's why closed sessions are typically immediately followed by adjournment with no other actions or by an open session that authorizes spending the money.

Alderman Garvens moved to table Item #24, the Discussion and possible action on sale of property owned by City and located at 18440 Milwaukee Avenue; Item #27, the Resolution authorizing purchase of property located at 2500 N. Brookfield Road; and Item #28, the Resolution authorizing execution of an option to sell city-owned parcel located at 18440 Milwaukee Avenue. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Garvens moved approval of the Resolution authorizing the purchase of property located at 2460 N. Brookfield Road, in the total amount of $285,000. The motion was seconded by Alderman Washechek and carried Ayes 13, No's 1 with Alderman Heinrich voting no. Resolution No. 6549*

Alderman Garvens moved approval of the Resolution authorizing the purchase of property located at 2480 N. Brookfield Road, in the total amount of $220,000. The motion was seconded by Alderman Waffenschmidt and carried Ayes 13, No's 1 with Alderman Heinrich voting no. Resolution No. 6550*

Alderman Schulz moved to adjourn. The motion was seconded by Alderman Waffenschmidt and carried unanimously. 10:20 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9613

REGULAR COMMON COUNCIL PAGE 9619 APRIL 18, 2000