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, MAY 2, 2000, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR KATHRYN BLOOMBERG IN THE CHAIR

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, Director of Human Resources Victoria Keller, Director of Parks and Recreation William Kolstad, Fire Chief Tim McGrath, Director of Library Services Edell Schaefer

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

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

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of April 18, 2000. The motion was seconded by Alderman Schulz and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

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

Alderman Jakus moved approval of the Council President's Appointments. The motion was seconded by Alderman Washechek and carried unanimously.

Board of Public Works Ald. Karl Schulz, Chairman Ald. Howard Washechek Ald. Gary Mahkorn Ald. Donald Bauer Ald. Richard Brunner, Alternate

Finance Committee Ald. James Garvens, Chairman Ald. Richard Brunner Ald. James Heinrich Ald. Donald Bauer Ald. Karl Schulz Ald. Steven Ponto Ald. Thomas Schellinger

Forestation Committee Ald. Gary Mahkorn, Chairman Ald. Steven Ponto Ald. James Heinrich Ald. Thomas Schellinger Ald. Kari Clappier

Legislative & Licensing Committee Ald. Michael Jakus, Chairman Ald. Brad Steinke Ald. Gary Mahkorn Ald. Daniel Waffenschmidt Ald. Kari Clappier

Personnel Committee Ald. Steven Ponto, Chairman Ald. Howard Washechek Ald. Daniel Waffenschmidt Ald. James Garvens Ald. Scott Berg

Sewer and Water Board Ald. Howard Washechek, Chairman Ald. Donald Bauer Ald. Gary Mahkorn Ald. Scott Berg Ald. Thomas Schellinger, Alternate

Ethics Board Ald. Steven Ponto, Liaison

Information Technology Subcommittee Ald. Steven Ponto, Finance Com. Representative Ald. Scott Berg, Aldermanic Representative

Alderman Jakus moved approval of the Mayor's Appointments. The motion was seconded by Alderman Garvens and carried unanimously.

Americans With Disabilities Committee Ald. James Heinrich - 2 year term which coincides with his aldermanic term.

Board of Appeals Ald. Gary Mahkorn, Alternate - 2 year term which coincides with his aldermanic term.

Board of Review Ald. Howard Washechek - 2 year term which coincides with his aldermanic term. Ald. Donald Bauer - 2 year term which coincides with his aldermanic term.

Economic Development Committee Ald. James Garvens - 2 year term which coincides with his aldermanic term.

Emergency Medical Services Committee Ald. James Heinrich - 2 year term which coincides with his aldermanic term.

Industrial Screening Committee Ald. James Garvens - 2 year term which coincides with his aldermanic term. Ald. Michael Jakus - 2 year term which coincides with his aldermanic term.

Library Board Ald. Kari Clappier - 2 year term which coincides with her aldermanic term.

Police and Fire Commission Ald. Gary Mahkorn, Liaison - 2 year term which coincides with his aldermanic term.

Poplar Creek Sewer Commission Ald. Howard Washechek - 2 year term which coincides with his aldermanic term.

Underwood Sewer Commission Ald. Howard Washechek - 2 year term which coincides with his aldermanic term. Ald. Richard Brunner - 2 year term which coincides with his aldermanic term.

Sewer and Water Board Ald. Richard Brunner, Alternate - 2 year term which coincides with his aldermanic term.

Board of Public Works Ald. Michael Jakus, Alternate - 2-year term which coincides with his aldermanic term.

Park & Recreation Commission Ald. Karl Schulz - 2 year term which coincides with his aldermanic term.

County Board Liaison Ald. Michael Jakus - 2 year term which coincides with his aldermanic term.

Elmbrook School District Liaison Ald. Michael Jakus - 2 year term which coincides with his aldermanic term.

Alderman Garvens moved approval of the membership appointment of Alderman Michael P. Jakus to the Legislative and Licensing Committee. The motion was seconded by Alderman Schulz and carried unanimously (required a 3/4 vote of all members of the Council).

Alderman Garvens moved approval of the chairmanship appointment of Michael P. Jakus to the Legislative and Licensing Committee. The motion was seconded by Alderman Schulz and carried unanimously (required a 3/4 vote of all members of the Council).

Alderman Jakus moved approval of the Council President's Appointments to the Plan Commission. The motion was seconded by Alderman Garvens and carried unanimously.

Plan Commission Ald. Brad Steinke - 1 year term expiring May 2, 2001. Ald. Karl Schulz - 1 year term expiring May 2, 2001.

Alderman Garvens moved approval of the Mayor's Appointment to the Plan Commission. The motion was seconded by Alderman Schulz and carried unanimously.

Plan Commission Ald. Michael P. Jakus - 1 year term expiring May 2, 2001.

Alderman Garvens moved approval of the Vouchers exceeding $15,000 requiring immediate action.(Correction to address of property on Brookfield Road) The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Jakus moved approval of Item #6, the Original Bartender Licenses: Jason Becker, Eda Fantl, Maria Kosanke, Tracy Nienow, and David Olson; and Item #7, the Renewal Bartender Licenses: Charles Cronk, Beth Fewless, Erika Fowler, Michael Flynn, Deborah Hays, Hope Pups, and Alan Schneider. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Jakus moved approval of the Resolution awarding a $600 bonus to Sue Brown, Circulation Supervisor of the Library, for assuming additional duties and training in the absence of the Administrative Assistant. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6551*

Alderman Jakus moved approval of the Resolution awarding the bid for the Civic Plaza Monument & Fountain Project #CP-1-00 to Creative Constructors for $52,925. The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 6552*

Alderman Jakus moved approval of the Resolution approving the banking resolution designating signatories for City funds between North Shore Bank and the City of Brookfield. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6553*

Alderman Jakus moved approval of the Resolution transferring funds requested by the Director of Public Works: $10,000 from the Engineering Salaries account #101-301-501 to the Engineering Employment Expenses account #101-302-502-400, for purposes of costs associated with recruitment and employment of engineering department staff. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6554*

Alderman Jakus moved approval of the Resolution transferring funds requested by the Director of Community Development: $8,015 from the Planning Department Salaries account #101-303-301-501 to the Community Development Administration Computer Supplies account #101-303-300-525, for purposes of acquiring software. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6555*

Alderman Jakus moved approval of the Request of the Community Development Department to purchase an IBM 300GL Pentium III Computer with 21" monitor from Comark Government and Education Sales for $4,268, for the new Urban Designer position. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Jakus moved approval of the Request of the Community Development Department to purchase Computer Software - MS Office Suite, Auto Cad, 3d Studio, Photoshop, and Pagemaker from Computability for $8,015 for the new Urban Designer position. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Jakus moved approval of the Resolution approving the agreement with Clarke Environmental Mosquito Management, Inc. for professional services to conduct a mosquito management program and study in collaboration with the Wisconsin Dept. of Natural Resources, in an amount not to exceed $150,000. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6556*

Alderman Jakus moved approval of the Resolution awarding the bid for the Burleigh Road Elevated Tank Repainting Project #2000-03 to MaxCor, Inc. for $106,620. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6557*

Alderman Jakus moved approval of the Resolution approving the contract between the City of Waukesha Fire Department and the City of Brookfield Fire Department for the Brookfield paramedic students to ride along, observe and participate in patient treatment with the Waukesha paramedics. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6558*

Alderman Jakus moved approval of the Mayor's Citizen Appointments. The motion was seconded by Alderman Garvens and carried unanimously.

Library Board Richard Brandt - To fulfill the unexpired term of a member who resigned expiring July 1, 2001.

Plan Commission Richard Brandt - To fulfill the unexpired term of a member who resigned expiring May 1, 2001.

Economic Development Committee Scott Oleson - Appointed for a three-year term expiring January 2, 2003.

Board of Review Willard Goranson - To fulfill the unexpired term of a member who resigned expiring Jan. 1, 2002. Norman Draeger - Appointed as alternate member of the Board of Review (one year term).

STRATEGIC PLANNING. Mr. Marquardt presented an overview of the Strategic Plan initiatives developed by the various departments. Aldermen were then given an opportunity to discuss the initiatives and list their own. Subsequently, the aldermen and department heads indicated their preferences relative to the importance or unimportance of the initiatives listed. This information will be compiled into a strategic plan to voted on by the Common Council at the next meeting.

Alderman Waffenschmidt moved to table the Discussion and possible action on acquisition of property located at 2500 N. Brookfield Road (marked for discussion in Closed Session and possible action in open session). The motion was seconded by Alderman Garvens 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 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. (Resolution authorizing the City to enter into an Option Agreement between James Spinato {or as the owner's interest may appear} and the City of Brookfield, and an escrow agreement relative thereto, for the property located at 16010 W. Bluemound Road and approval of a transfer of funds from the Economic Development Fund balance account #205-325-607 to the Economic Development Fund Other Expenses account #205-943-546, for purposes of acquiring the above noted property.)

Alderman Jakus moved to convene into Closed Session under 19.85(1)(e). The motion was seconded by Alderman Garvens and carried unanimously. Recorded as a roll call. 9:30 p.m.

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

Alderman Waffenschmidt moved to reconvene into Open Session under 19.85(2). The motion was seconded by Alderman Ponto 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 approval of the Resolution authorizing the City to enter into an Option Agreement between James Spinato (or as the owner's interest may appear) and the City of Brookfield, and an escrow agreement relative thereto, for the property located at 16010 W. Bluemound Road and approval of a transfer of funds from the Economic Development Fund balance account #205-325-607 to the Economic Development Fund Other Expenses account #205-943-546, for purposes of acquiring the above noted property. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6559*

Alderman Bauer 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. 9626

REGULAR COMMON COUNCIL PAGE 9627 MAY 2, 2000