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 and SPECIAL PLAN COMMISSION MEETING HELD AT 7:45 P.M., TUESDAY, JANUARY 16, 2001, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

COUNCIL PRESIDENT MICHAEL JAKUS IN THE CHAIR IN THE ABSENCE OF MAYOR KATHRYN BLOOMBERG

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

ALDERMEN EXCUSED OR ABSENT: Jim Heinrich

PLAN COMMISSIONERS PRESENT: Alderman Michael Jakus, Alderman Karl Schulz, Alderman Brad Steinke, Richard Brandt, Beverly Wentz, Michael Faber

PLAN COMMISSIONERS ABSENT: Mayor Bloomberg

ALSO PRESENT: City Attorney Sue Schalig, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Director of Administrative Services Dean Marquardt, Interim Police Chief Dan Tushaus, City Clerk Renee Tadych, Planning Administrator Mike Theis, Neighborhood Planner/Designer Carrie Johnson, Special Counsel Richard Lehmann

Council President Mike Jakus called the meeting of the Common Council to order at approximately 9:50 p.m.

Two public hearings were heard previously:

• Ameritech/SBC Services and
• "Moorland Road Node" amendment.

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

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of December 19, 2000. The motion was seconded by Alderman Schulz and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

Alderman Schulz moved approval of the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of January 8, 2001, including the Plan Review Board minutes of November 30 and December 14, 2000. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

FINANCE COMMITTEE - Alderman Garvens, Chairman

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

Alderman Garvens moved approval of the Resolution approving General Fund budget transfers requested by the Director of Finance to implement the provisions of the 2001 salary ordinance. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6683*

Alderman Garvens moved approval of the Resolution approving the budget amendment for sewer and water funds to implement the 2001 salary ordinance. The motion was seconded by Alderman Washechek and carried unanimously. Resolution 6684*

Alderman Garvens moved approval of the Request of the Highway Department to purchase a New Holland TS100 Tractor with Alamo Machete Mower from Tractor Loader Sales from $72,169. The motion was seconded by Alderman Schulz and carried unanimously.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Mahkorn, Acting Chairman

Alderman Mahkorn moved approval of eleven original bartender licenses, two tabled, and one no action original bartender licenses. As the individual did not appear for her appeal, the appeal was not heard and the denial stands. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Mahkorn moved approval of the Original Class B Combination for Catering & Cuisine by V. Richards, 21755 Gateway Rd.; Agent: Elizabeth Little. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

PERSONNEL COMMITTEE - Alderman Ponto, Chairman

Alderman Ponto moved to adopt the Ordinance amending sections 2.76.020, 2.76.030, 2.76.040 and 2.76.090 of the Municipal Code relating to excepting the applicability of the Civil Service system to various employment positions. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Ordinance No. 1772*

Alderman Ponto moved approval of the Resolution ratifying the 2001-2002 contract between the Brookfield Professional Police Association (BPPA) and the City of Brookfield. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6685*

BOARD OF PUBLIC WORKS/LEGISLATIVE COMMITTEE - Alderman Schulz, Chairman

Alderman Schulz moved to adopt the Ordinance creating Sec. 10.08.140 of the Municipal Code to allow school buses to stop on highways with sidewalks on both sides. The motion was seconded by Alderman Bauer. A roll call vote was taken and carried unanimously. Ordinance No. 1773* The City Clerk was directed to send a letter to New Berlin advising them of our action.

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved to adopt the Ordinance granting Mollgaard Development a special exception to the Butler Ditch Moratorium established by Ord. #1711 to parcels 1-3. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Ordinance No. 1774*

COUNCIL AS A WHOLE

In continuing actions of the Council, pursuant to 19.85(1) of the Wis. Stats., after first convening in open session, the Council President 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)(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 update on negotiations of leases with telecommunication carriers.)

Alderman Schulz 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. 10:10 p.m.

Present during closed session were as follows: City Clerk, City Attorney, Director of Public Works, Director of Finance, Director of Administration and Director of Community Development.

The Council did not reconvene into Open Session.

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 Ponto moved to adjourn. The motion was seconded by Alderman Schulz and carried unanimously. 10:55 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9694

REGULAR COMMON COUNCIL PAGE 9694 JANUARY 16, 2001