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, SEPTEMBER 19, 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, Thomas Schellinger, James Garvens, Scott Berg, Kari Clappier

ALDERMEN EXCUSED OR ABSENT: Don Bauer

ALSO PRESENT: City Attorney Sue Schalig, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Fire Chief Tim McGrath, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Administrative Services Dean Marquardt, Police Chief Robert Jacobs, Director of Human Resources Victoria Keller, Director of Parks & Recreation Bill Kolstad

Mayor Bloomberg called the meeting of the Common Council to order at approximately 9:15 p.m. (A public hearing was heard previously - Continental Properties Co./Storm - Fountain Plaza.)

Mayor Bloomberg recognized Police Chief Robert S. Jacobs for 26 years of service upon his retirement from the City of Brookfield Police Department.

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

Alderman Schulz moved approval of the Regular Common Council minutes of September 5, 2000. The motion was seconded by Alderman Waffenschmidt 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 September 11, 2000.

Alderman Schulz moved to adopt the actions and recommendations of the Plan Commission as represented in the Regular Plan Commission minutes of September 11, 2000. The motion was seconded by Alderman Jakus and carried unanimously.

FINANCE COMMITTEE - Alderman Garvens, Chairman

Alderman Garvens moved approval of the Vouchers exceeding $50,000 requiring immediate action. This was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Garvens moved approval of the Resolution approving the budget transfer requested by Director of Information Technology: $4,084 from the Contingency account #101-910-590 to the Information Technology Software Maintenance account #101-203-527; for purposes of funding Lotus Notes software maintenance. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6634*

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of Item #7a, four approved Original Bartender Licenses and denial of one; Item #7b, approval of the tabled bartender license; and Item #7c, approval of the three appealed bartender licenses. The motion was seconded by Alderman Waffenschmidt and carried unanimously

Alderman Jakus moved to adopt the Ordinance creating Sec. 6.10.010 of the Code, which requires the Council to appoint a humane officer and to create Sec. 6.10.020 of the Code to provide for appeals of decisions of that officer. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1761*

Alderman Jakus moved approval of the Resolution appointing Karie Elliot as Humane Officer of the Elm-Brook Humane Society. The motion was seconded by Alderman Garvens and carried with Alderman Heinrich abstaining. Resolution No. 6635*

PERSONNEL COMMITTEE - Alderman Ponto, Chairman

Alderman Ponto moved approval of the Resolution approving the Amendment to the Limited Term Employment Agreement between Judy Larsen and the City of Brookfield to provide paramedic and EMS training. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6636*

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution approving the Connecting Highway Agreement between the Wisconsin Dept. of Transportation and the City of Brookfield for the northern portion of STH 59 (Greenfield Avenue) between 124th Street and Georges Avenue. The motion was seconded by Alderman Washechek and carried unanimously. Ordinance No. 6637*

Alderman Schulz moved approval of the Resolution relative to the naming of the McCoy Park access road to O'Malley Alley. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6638*

Alderman Schulz moved approval of the Resolution approving the storm sewer easement at 17600 W. Greenfield Avenue. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6639*

WATER BOARD - Alderman Washechek, Chairman

Alderman Washechek moved approval of the Final Resolution levying special assessments against Lot 15, Tax Key No. BRC 1016-114, Maple Heights Subdivision, $2,684.25. The motion was seconded by Alderman Mahkorn and carried unanimously. Final Resolution No. 6640*

COUNCIL AS A WHOLE

Alderman Jakus moved approval of the Resolution commending Police Chief Robert S. Jacobs for 26 years of service upon his retirement from the City of Brookfield Police Department. The motion was seconded by a number of aldermen and carried unanimously. Resolution No. 6633*

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

Police and Fire Commission Carolyn T. Evenson - Appointed for a five year term expiring May 1, 2005.

In continuing actions of the Council, pursuant to section 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. [Item #17 - Discussion and possible action relative to the purchase of property owned by CMC Heartland Partners located on Brookfield Road south of the railroad tracks and Item #18 - Discussion and possible action on a Resolution authorizing the City to enter into an Extension of an Option Agreement between James Spinato (or as the owner's interest may appear) and the City of Brookfield for the property located at 16010 W. Bluemound Road.]

Alderman Garvens moved to convene into closed session under Section 19.85(1)(e). The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call. 9:45 p.m.

Present during closed session were: City Attorney, Director of Administrative Services, Director of Finance, City Clerk, Steven Wagner (only for Item #18), Director of Public Works and Director of Community Development.

Alderman Washechek moved to reconvene into Open Session pursuant to Sec. 19.85(2) Wis. Statutes. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Recorded as a roll call. (10:30 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 Schulz moved approval of a Resolution authorizing the City Attorney to exercise an Extension of an Option Agreement between James Spinato (or as the owner's interest may appear) and the City of Brookfield for the property located at 16010 W. Bluemound Road. The money required to extend the option, to come from the Economic Development fund. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6641*

Alderman Garvens moved approval to purchase the property owned by CMC Heartland Partners located at Brookfield Road, south of the railroad tracks for a figure not to exceed $62,000 and contingent upon the receipt of a Phase 1 study. The motion was seconded by Alderman Mahkorn and carried unanimously.

Alderman Mahkorn moved to adjourn. The motion was seconded by Alderman Washechek and carried unanimously. 10:35 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9671

REGULAR COMMON COUNCIL PAGE 9671 SEPTEMBER 19, 2000