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 19, 2001, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR KATHRYN BLOOMBERG IN THE CHAIR

ALDERMEN PRESENT: Gary Mahkorn, Daniel Waffenschmidt, Thomas Schellinger, Kari Clappier, Brad Steinke, Steven Ponto, Jim Heinrich, Richard Brunner, Donald Bauer, Jim Garvens, Karl Schulz, Scott Berg, Michael Jakus

ALDERMEN ABSENT & EXCUSED: Howard Washechek

ALSO PRESENT: Assistant City Attorney Karen Flaherty, Chief of Staff Dean Marquardt, City Clerk Kris Schmidt, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Parks & Recreation Bill Kolstad, Director of Human Resources James Zwerlein

Mayor Bloomberg called the meeting of the Common Council to order at approximately 8:30 p.m. (A Redevelopment Forum was held from 6:00 - 7:30 p.m.)

The next Common Council meeting will be July 17th.

A number of residents spoke during the fifteen-minute public speaking segment regarding the findings and facts of the Deer Task Force and action this evening by the Council.

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

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of June 5, 2001. The motion was seconded by Alderman Schulz and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

DEER TASK FORCE

Alderman Waffenschmidt moved approval of the Resolution adopting the "Findings and Recommendations" report of the Deer Task Force, authorizing City staff to develop a comprehensive management plan with specific strategies and initiatives, and to include the establishment of an annual operational budget that will implement the recommendations contained in the report. The motion was seconded by Alderman Garvens.

Alderman Jakus moved to amend the resolution to add the following language "excepting those references to bow hunting and archery.". The motion was seconded by Alderman Mahkorn and carried Ayes 10, No's 3 with Aldermen Waffenschmidt, Heinrich and Schellinger voting no.

Motion as amended carried unanimously. Resolution No. 6758*

See: Deer Herd Management

FINANCE COMMITTEE - Alderman Garvens, Chairman

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

Alderman Garvens moved approval of the Resolution amending the Budget Transfer Policy. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6759*

Alderman Garvens moved approval of the Resolution approving the budget transfer requested by the Director of Finance: transfer budgets for Disposal Site, Solid Waste, and Recycling departments (department numbers 101-307-009, 101-311, and 101-321), totaling $1,839,605 from Sanitation function to Public Works function. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6760*

LEGISLATIVE & LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of Item #8a, ten original bartender licenses and denial of one original bartender license; Item #8b, approval of seventeen Renewal Bartender Licenses; Item #8c, approval of six Renewal Class A Combination Liquor licenses: Angelina's Deli, 15655 W. North Ave.; Kohl's Beverage Center, 2315 N. 124th St.; Kohl's Ruby Isle, 2205 N. Calhoun Rd.; The Market Basket, 14835 W. Lisbon Rd.; Sendik's, 18985 W. Capitol Dr.; Sentry Foods-Hampton, 13255 W. Hampton Avenue; Item #8d, approval of one Renewal Class A Malt: Kwik Pantry, 18330 W. Capitol Drive; and Item #8e, approval of sixteen Renewal Class B Combination Liquor Licenses: Bombay Bicycle Club, 17105 W. Bluemound Rd.; Champps, 1240 S. Moorland Rd.; Chili's Bar & Grill, 17915 W. Bluemound Rd.; Dick Manhardt's Inn, 14000 W. North Ave.; For Pete's Sake, 14640 W. Capitol Dr.; Fuddrucker's, 16065 W. Bluemound Rd.; Maxim's, 18025 W. Capitol Dr.; The Red Mill, 1005 S. Elm Grove Rd.; Rita Rae's, 16760 W. Greenfield Ave.; Sabella's Pub, 2850 N. Brookfield Rd.; Seigo's Japanese Steak House, 18380 W. Capitol Dr.; Sluggo's Sports Pub & Grille, 12760 W. Burleigh Rd.; T.G.I. Friday's, 17430 W. Bluemound Rd; Wyndham Brookfield, 18155 W. Bluemound Rd; Meadow Inn, 14735 W. Lisbon Rd; and Ritter's Inn, 12525 W. North Avenue. The motion was seconded by Alderman Garvens and carried unanimously. (All license approvals are subject to further administrative approval and payment of all outstanding obligations.)

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution awarding the bid for the North Avenue Widening Project #2001-RC-2 to Capitol Pavers, Inc. for $374,012.35 (the amount includes $85,000 for bike paths). The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6761*

Alderman Schulz moved approval of the Resolution approving the Relocation Order and authorization to obtain temporary easements from the Town of Brookfield for Brookfield Road reconstruction. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6762*

SEWER & WATER BOARD - Alderman Bauer, Chairman

Alderman Bauer moved approval of the Final Resolutions levying special assessments against: Item #11a, 16655 W. Bluemound Rd., Tax Key No. BRC 1115-993-004, $6,904.75; Item #11b, 13050 Huntington Cir., Tax Key No. BRC 1057-107, $2,334.43; Item #11c, 2880 Mark Dr., Tax Key No. BRC 1065-032, $3,262.15; and Item #11d, 4085 N. 143rd St., Tax Key No. BRC 1016-089, $3,776.88. The motion was seconded by Alderman Mahkorn and carried unanimously.

Item #11a - Final Resolution No. 6763* Item #11b - Final Resolution No. 6764* Item #11c - Final Resolution No. 6765* Item #11d - Final Resolution No. 6766*

Alderman Bauer moved approval of the Resolution awarding the bid for Well #30 Pumping Station and Reservoir Project #2001-WU-04 to T.V. John & Son, Inc. for $1,440,300. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6767*

Alderman Bauer moved approval of the Resolution approving the Brookfield Square Cell Tower Site Agreement and allocation of revenues. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6768*

Alderman Bauer moved approval of the Resolution awarding the bid for the Sanitary Sewer Cleaning and TV Inspection Project #2001-SS-2 to Visu-Sewer Clean & Seal, Inc. for $94,000. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6769*

COUNCIL AS A WHOLE

Alderman Jakus moved approval of the Re-Appointments to the Plan Commission. The motion was seconded by Alderman Garvens and carried Ayes 12, No's 1 with Alderman Schellinger voting no.

Plan Commission (Mayor's Reappointments) Richard Brandt - three year term expiring May 1, 2004. Ald. Michael P. Jakus - 1 year term to coincide with Aldermanic term

Plan Commission (Council President's Reappointments) Ald. Brad Steinke - 1 year term to coincide with the Aldermanic term Ald. Karl Schulz - 1 year term to coincide with the Aldermanic term

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 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. (Conferring with legal counsel about a pending lawsuit with Lakeshore Burial Vault Co.)

Alderman Schulz moved to convene into Closed Session under Section 19.85(1)(g). The motion was seconded by Alderman Jakus and carried unanimously. Recorded as a roll call. 10:30 p.m.

Present during closed session were as follows: City Clerk, Chief of Staff, Asst. City Attorney, Director of Public Works, and Director of Finance.

Alderman Waffenschmidt moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statues. The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call. 11:25 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 Waffenschmidt moved to adjourn. The motion was seconded by Alderman Clappier and carried unanimously. 11:25 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9740

REGULAR COMMON COUNCIL PAGE 9744 JUNE 19, 2001