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, JUNE 6, 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, Richard Brunner, Steven Ponto, Brad Steinke, Scott Berg, Kari Clappier, Thomas Schellinger, Donald Bauer, James Garvens

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

Mayor Bloomberg called the meeting of the Common Council to order at approximately 8:10 p.m.

Plan Commissioner Richard Brandt led the Council in the Pledge of Allegiance to the American Flag.

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of May 16, 2000. The motion was seconded by Alderman Jakus and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The next item was the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of May 23, 2000.

Alderman Schulz moved approval of the Plan Commission's actions and recommendati9ons as represented in the minutes of May 23, 2000

Alderman Schulz moved approval of the Development Agreement for Brookfield Academy, 3460 N. Brookfield Rd., to permit the construction of athletic fields (and related facilities) and a 16,686 square foot building addition, subject to City Attorney and Community Development approval. The motion was seconded by Alderman Jakus and carried unanimously.

FINANCE COMMITTEE - Alderman Garvens, Chairman

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

Alderman Garvens moved approval of the 1999 Comprehensive Annual Financial Report (including Single Audit Report), including auditor's reports by Virchow Krause. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Garvens moved to adopt the Ordinance amending Section 3.12.010 of the Municipal Code relating to the spending of budgeted funds (procurement policy). The motion was seconded by Alderman Bauer. A roll call vote was taken and carried unanimously. Ordinance No. 1751*

Alderman Garvens moved approval of the Resolution adopting City procurement policy in accordance with Section 3.12.010 of the Municipal Code. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6567*

Alderman Garvens moved to adopt the Ordinance repealing and recreating Section 2.04.100 of the Mun. Code relating to Financial Procedures for the payment of bills and claims. The motion was seconded by Alderman Schulz.

Alderman Jakus moved to amend the motion to change paragraph B. to state, "Claims of $10,000 or less, subject to Section 893.80, ...." and "...exceeding $10,000 must be submitted to the finance committee and common council for approval". The motion was seconded by Alderman Washechek. A roll call vote was taken on the amendment and carried unanimously.

A roll call vote was taken on the motion as amended and carried unanimously. Ordinance No. 1752*

Alderman Garvens moved approval of the Resolution rescinding Res. #5504 relating to the authority to settle claims. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6568*

Alderman Garvens moved approval of the Resolution approving the Memorandum of Understanding between the City of Brookfield and the Sharon Lynne Wilson Center for the Arts, Inc. with a change to the Agreement that the word "promptly" be revised to "providing that notice of change order be given to the City within ten days". The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6569*

Alderman Garvens moved approval of the Resolution approving the Ground Lease between the City of Brookfield and Sharon Lynne Wilson Center for the Arts, Inc. for the arts project site located in Mitchell Park subject to a change in the number of days available for City programs to "a minimum of 8 days" and a liability insurance deductible of not more than $10,000" The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6570*

Alderman Garvens moved approval of the Request from the Water Utility to purchase a Wachs Electric Valve Operator Model P/2 from E. H. Wachs Company for $4,250. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Garvens moved approval of the Request from the Police Department to purchase a Cardscan System from Sagem Morpho, Inc. for $22,942.00. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Garvens moved approval of the Request from the Highway Department to purchase Patrol Truck Installation Package for two (2) units from Casper's Truck Equipment for $41,001 each ($82,002 total). This was seconded by Alderman Bauer and carried unanimously.

Alderman Garvens moved to authorize payment of a claim by Kim Gingras. The motion was seconded by Alderman Schulz and carried unanimously.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of Item #18a, twelve (12) Original Bartender Licenses and denial of one (2) original bartender license; Item #18b, fourteen (14) Renewal Bartender Licenses and the intent to deny one (1) license; Item #18c, no action on the appeal of the denied bartender license; Item #18d, approval of the tabled bartender license; Item #18e, Class A Combination Beer & Liquor - Kohl's Ruby Isle, Osco Drugs, Kohl's Beverage Center; Item #18f, Renewal Class A Beer - Sentry Foods #213, Item #18g - Renewal Class B Combination Beer & Liquor - Bluemound Bowl, Borderline, Champps, Chili's Bar & Grill, Grasch Foods, Jake's, Cali's Grille Room, Dick Manhardt's Inn, Loaf & Jug Restaurant, Marty's Pizza, Venice Club. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Jakus moved approval of the Original Class B Combination Beer & Liquor License for Sabella's Pub, Inc., d/b/a Sabella's Pub (previously Buddy's), 2850 N. Brookfield Road, Agent: Kathryn Sabella for two license periods: June 7 - June 30, 2000 and July 1, 2000 - June 30, 2001. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

No action was taken on the tabled ordinance amending Section 15.04.020 of the Municipal Code relating to yard maintenance buildings. (Remained on the table.)

Alderman Jakus moved approval of the Resolution consenting to the change of control of its cable television franchisee from Time Warner, Inc. to AOL Time Warner, Inc. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6571*

PERSONNEL COMMITTEE - Alderman Ponto, Chairman

Alderman Ponto moved approval of the Resolution approving the appointment of the Director of Information Technology, Frederick Miller. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6572*

Alderman Ponto moved approval of the Resolution reappointing Suzanne Schalig, City Attorney, to a four-year term. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6573*

Alderman Ponto moved approval of the Resolution awarding a bonus to Kathleen Cady Schilling, Economic Development Coordinator, for assuming the functions of interim Director of the Convention & Visitors Bureau (CVB). The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6574*

Alderman Ponto moved approval of the Resolution awarding bonuses to employees, in the Wastewater Treatment Plant for their extraordinary service to the City throughout the past three years. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6575*

Alderman Ponto moved approval of the Resolution approving the renewal contract between EBI Insurance Companies and the City of Brookfield to continue services for Worker's Compensation claims payment and management for the period of June 10, 2000, through December 31, 2000. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6576*

Alderman Ponto moved approval of the Resolution approving the Agreement between National Employee Assistance Services, Inc. and the City of Brookfield for the Employee Assistance Program (EAP) for the period between July 1, 2000, through December 31, 2001. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6577*

Alderman Ponto moved approval of the medical leave of absence agreement. The motion was seconded by Alderman Washechek and carried unanimously. (The Council did not convene into Closed Session, as indicated on the agenda.)

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz re-introduced the Resolution vacating a portion of 2300 Pilgrim Square Drive. No vote required.

SEWER AND WATER BOARD - Alderman Washechek, Chairman

Alderman Washechek moved approval of the Resolution approving the contract with the Town of Brookfield for Extension of Municipal Water System - Evergreen Court Watermain Extension. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6578*

Alderman Washechek moved approval of the Resolution amending the late payment charge for overdue water bills from 11/2% to 1% per month. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6579*

Alderman Washechek moved to remove from the table, 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 Schulz and carried unanimously.

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 Garvens and carried unanimously. Resolution No. 6580*

Alderman Washechek moved approval of the Final Resolutions levying special assessments: (a) Lot 2, Block 13, Meadowbrook Addition, TKN 1013-097, $4,120.00; and (b) Lot 4, CSM #8, Metes and Bounds, Hammock Hill Lane, TKN 1082-995, $2,475.98. The motion was seconded by Alderman Bauer and carried unanimously.

(a) Final Resolution No. 6581* (b) Final Resolution No. 6582*

Alderman Washechek moved approval of the Preliminary Resolution declaring intent to exercise special assessment powers under Sec. 66.60 Wis. Stats., - Brookfield Road/Knoll Court/Burnet Street Water Main Project #2000-05. The motion was seconded by Alderman Jakus and carried unanimously. Final Resolution No. 6583*

COUNCIL AS A WHOLE

Alderman Schulz moved approval of the Resolution authorizing the City to proceed with the burying of power lines in conjunction with the Towne Center development at Brookfield Road and Capitol Drive, at a net cost to the City of $98,928. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6584*

Until this time, the developer would have been expected to pay for burying the power lines around his property. The city paid for this one, which is an indication that Brookfield is not quite as desirable a location as it had been and the city has to be more aggressive with subsidizing commercial development.

Alderman Schulz moved approval of the Resolution approving the State of Wisconsin Department of Transportation's change order to Zignego Company, in the amount of $104,986.05 with the local share being $20,997.21 to construct a sidewalk on Moorland Road from Pinehurst Drive to Brookfield Square Drive. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6585*

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

Board of Appeals David Peterson - Reappointed for a three year term expiring May 1, 2003. James J. Dehn - Reappointed for a three year term expiring May 1, 2003. Helena Van Winkle, Alternate - Reappointed for a one year term expiring May 1, 2001.

Board of Review Sam J. Castagna - Reappointed for a three year term expiring January 1, 2003.

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. (Discussion and possible action on the acquisition of the property located at 2500 N. Brookfield Road and Discussion and possible approval of an option leading to the potential sale of a city lot located on Milwaukee Avenue.)

Alderman Jakus moved to convene into Closed Session under 19.85(1)(e). The motion was seconded by Alderman Waffenschmidt 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, Director of Community Development, and Matt Gibson, Superintendent of the Elmbrook School District.

Alderman Washechek moved to reconvene into Open Session under 19.85(2). The motion was seconded by Alderman Jakus and carried unanimously. Recorded as a roll call. 9:45 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 Washechek moved approval to authorize the City Attorney to draft the necessary documents, i.e. the Offer to Purchase for the acquisition of the Hoff property located at 2500 N. Brookfield Rd. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Garvens moved approval to authorize the City Attorney to draft the necessary documents, i.e. approval of an Option leading to the potential sale of a city lot located on Milwaukee Avenue. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Schulz and carried unanimously. 9:50 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9636

REGULAR COMMON COUNCIL PAGE 9645 JUNE 6, 2000