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, FEBRUARY 6, 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, Daniel Waffenschmidt, Richard Brunner, Thomas Schellinger, Scott Berg, Kari Clappier, Brad Steinke, Howard Washechek, Steven Ponto, Karl Schulz, Don Bauer, James Garvens, Jim Heinrich

ALDERMEN EXCUSED OR ABSENT: None

ALSO PRESENT: City Attorney Sue Schalig, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Director of Administrative Services Dean Marquardt, Deputy City Clerk Renee Tadych, Fire Chief John Dahms, Director of Parks and Recreation Bill Kolstad, Deputy Finance Director Therese Hrica

Council President Mike Jakus called the meeting of the Common Council to order at approximately 8:00 p.m. The Ameritech and "Moorland Road Node" amendment proposals have been postponed to the February 20th Common Council. No one spoke in the public comment segment.

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

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of January 16, 2001. The motion was seconded by Alderman Heinrich and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The City Clerk referred to the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of January 22, 2001, excluding items #1 - Ameritech conditional use and revised plan and method of operation, and #2 - "Moorland Road Node" rezonings and plan amendment.

The first item was the Amendment to the Subdivision and Platting Code relating to restrictions placed on the ability to convey excess wetlands or parklands contained within an outlot to an adjacent parcel.

The Plan Commission recommended approving the ordinance.

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

Alderman Schulz moved to adopt the Ordinance amending Section 16.16.020 C. of the Subdivision Code relating to platting of excess parklands and wetlands. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Ordinance No. 1775*

Alderman Schulz moved the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of January 22, 2001, excluding items #1 and #2. The motion was seconded by Alderman Ponto 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 Bauer and carried unanimously.

Alderman Garvens moved approval of the Resolution approving the budget transfer for 2000 requested by the Director of Finance: $68,470 from the Contingency account #101-910-590 to various accounts. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6686*

Alderman Garvens moved approval of the Resolution approving the budget amendment for 2001 requested by the Director of Finance, to appropriate an additional $15,000 from the Wetlands Preservation Fund balance to Wetlands Fund account #205-215-579-505, for purposes of funding wetland acquisition. The motion was seconded by Alderman Schulz and carried unanimously. Resolution 6687*

Alderman Garvens moved approval of the Resolution approving the financial policy regarding delinquent personal property taxes. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6688*

Alderman Garvens moved to approve payment of the Notice of Claim re: David Snow. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Garvens moved approval of the request of the Water Utility to purchase a SCADA Radio System from Kamp/Synergy for $51,980. The motion was seconded by Alderman Schulz and carried with Alderman Brunner voting no.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Mahkorn, Acting Chairman

Alderman Mahkorn moved approval of eight original bartender licenses, one tabled, and one denied original bartender license. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Mahkorn moved to grant a bartender's license to an application that was previously tabled. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Mahkorn moved to adopt the Ordinance amending Section 8.16.020 of the Mun. Code to provide for annual inspections of certain fully sprinklered buildings. The motion was seconded by Alderman Garvens and carried unanimously. Ordinance No. 1776*

PARK AND RECREATION COMMISSION - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution approving the amended and restated Ground Lease between the City of Brookfield and the Sharon Lynne Wilson Center for the Arts, Inc. for the Arts Center project site located in Mitchell Park. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6689*

COUNCIL AS A WHOLE

Alderman Schulz moved approval of the Resolution of willingness to annex the territory designated in the incorporation petition of the Town of Brookfield and to also express an interest in co-sponsoring a joint study of the advantages of consolidation including, but not limited to, the fiscal benefits, the level of services provided, and the quality of life afforded to the citizens of either municipality. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6690*

In continuing actions of the Council, pursuant to 19.85(1) of the Wis. Stats., after first convening in open session, the Council President explained 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)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. (Discussion and possible action on filing a motion to intervene in the City of Waukesha's request for judicial review of a proposed rule promulgated by the United States Environmental Protection Agency.)

Alderman Schulz moved to convene into Closed Session under Section 19.85(1)(g) Wisconsin Statutes. The motion was seconded by Alderman Garvens and carried unanimously. Recorded as a roll call. 8:47 p.m.

Present during closed session were as follows: Deputy City Clerk, City Attorney, Director of Finance, and Director of Administration.

Alderman Mahkorn moved to reconvene into Open Session under 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Schulz and carried unanimously. Recorded as a roll call. 9:05 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 Ponto moved to adjourn. The motion was seconded by Alderman Schulz and carried unanimously. 9:05 p.m.

Renee J. Tadych, Deputy City Clerk

* May be viewed in the City Clerk's Office. 9698

REGULAR COMMON COUNCIL PAGE 9698 FEBRUARY 6, 2001