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, JULY 17, 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, Howard Washechek

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Sue Schalig, 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, Police Chief Dan Tushaus, Neighborhood Planner Carrie Johnson

Mayor Bloomberg called the meeting of the Common Council to order at approximately 7:45 p.m. (Several people spoke during the 15 minutes comment segment regarding the Netzow Medical building development and the Calhoun Road South Neighborhood Plan.)

Mayor Bloomberg announced there will be a Special Common Council meeting on July 30, 2001, at 8:00 p.m., following the Water Board meeting. The next Regular Common Council meeting will be August 21st.

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

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of June 19, 2001 subject to a review of the actions concerning the Deer Task Force, and the Special Common Council meeting minutes of June 28, 2001. The motion was seconded by Alderman Schulz 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's minutes of June 25, 2001, including the Plan Review Board minutes of May 21, 2001.

The first item was the request of the City of Brookfield, 2000 N. Calhoun Road, Dean Marquardt, Chief of Staff, for approval to rezone 8.26 acres out of the 100 year floodplain, establish base zoning of "M-2" on 2.26 acres of land and approve a conditional use permitting a revised plan and method of operation for the construction of a 69,510 sq. ft. public work highway garage, 6,300 sq. ft. salt dome and cold storage building facade alterations at 19450 Riverview Drive. Approval of a certified survey map is also requested. No new lots will be created. (N 1/2 of Sec. 17)

The Plan Commission recommended approval of the certified survey map subject to technical corrections; approval of the floodplain rezoning subject to completion of an as-built and submittal of same with ordinance to WisDNR for approval; and approval of the conditional use and revised plan and method of operation as recommended by the Planning Department staff, including the amended staff report (requiring the applicant to receive a LOMR from FEMA prior to the issuance of a building permit).

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

Alderman Schulz moved approval of the Ordinance establishing "M-2" Multiple-family zoning district on lands acquired from CP Rail, removing the "FF" Flood Fringe zoning designation from 8.26 acres and granting a conditional use to allow the construction of a 69,510 sq. ft. public works highway garage, a 6,300 sq. ft. salt dome and refacing of the cold storage building located at 19450 Riverview Drive. The motion was seconded by Alderman Jakus. A roll call vote was taken and carried unanimously. Ordinance No. 1809*

Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of June 25, 2001, including the Plan Review Board minutes of May 21, 2001. The motion was seconded by Alderman Jakus and carried unanimously.

At this point, Paris Rutherford, RTKL and Associates, made a presentation on the final draft of the Calhoun Road South Neighborhood Plan. (This plan is hereby referenced and can be viewed in the City Clerk's Office.) He referenced his memo dated July 17, 2001, regarding proposed CRS Plan Document Revisions.

The next item was the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of July 9, 2001, including the Plan Review Board minutes of June 21, 2001.

The first item was the "Calhoun Road South Neighborhood Plan" as recommended by the Calhoun Road South Neighborhood Task Force and Board of Public Works. Preliminary discussion of implementation measures - possible authorization of public hearing(s).

The Plan Commission recommended to accept the staff's recommendation to adopt the Calhoun Road South Neighborhood Plan by resolution as drafted and to authorize the public hearings on rezonings, official mapping and modifications to the zoning code for the Calhoun Road South Neighborhood Plan.

Alderman Schulz moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Jakus.

Alderman Heinrich moved to remove any reference to an interchange being built in the Plan. The motion was seconded by Alderman Waffenschmidt. The motion was defeated Ayes 3, No's 11 with Alderman Heinrich, Waffenschmidt and Clappier voting Aye.

Alderman Schellinger moved to amend page 55 of the Plan by changing the language in the second paragraph in the right hand column to: "While this Plan recommends a split-diamond interchange, it can also incorporate other interchange and transportation improvements if more detailed ....." Alderman Schellinger accepted as a friendly amendment the following from Alderman Clappier, first to amended the paragraph by adding the following sentence. "It is not the intent of this plan that both an interchange and an east/west connector street grid between Moorland Road and Calhoun Road be built." Also her amendment further included that the goals section on page 24 carry language regarding the preservation and enhancement of the neighborhoods. And Finally, that the plan carry the changes in the memo from Paris Rutherford dated July 17, 2001, "Proposed CRS Plan Document Revisions". The motion was seconded by Alderman Ponto and carried Ayes 12, No's 2 with Alderman Heinrich and Alderman Schulz voting "no".

The motion as amended to approve the Calhoun Road South Plan carried unanimously.

Alderman Schulz moved approval of the Resolution adopting the Calhoun Road South Neighborhood Plan and incorporating the Plan as an additional element in the City's Master Plan with the following language added to "Now, Therefore, be it resolved by the Common Council of the City of Brookfield that the City hereby adopted the Plan, as recommended by the Plan Commission and amended by the Common Council, and incorporates the Plan ....." The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6771*

(There was an editorial change to the resolution to replace the language, "final draft of the Plan" to "draft of a plan.)

Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of July 9, 2001, including the Plan Review Board minutes of June 21, 2001. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

LEGISLATIVE & LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of Item #6a, thirteen original bartender licenses and denial of one original bartender license; and Item #6b, approval of twenty-seven Renewal Bartender Licenses and to table one license. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

The Original Class B Beer License for Franklynn Development, LLC, d/b/a Brookfield Indoor Soccer Complex, 19485 W. Lisbon Road; Agent: Frank G. O'Connor was tabled at the Legislative & Licensing Committee and referred to the Plan Commission.

Alderman Jakus moved approval of the Fireworks User's Permit - Sharon Lynne Wilson Center for the Arts (Wilson Art Center) on August 25, 2001, at 9:15 p.m. or dusk. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Jakus moved approval of the expansion of the premise description for the serving of alcohol at Pistol Pete's, 16755 W. Lisbon Road, for the 2nd Anniversary Party. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

PARK AND RECREATION COMMISSION - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution approving the agreement with Schreiber Anderson Associates, Inc. for professional services relative to the Greenway Corridor Recreation Trail Plan in an amount not to exceed $90,200. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 6772*

PARK AND RECREATION COMMISSION/LEGISLATIVE & LICENSING COMMITTEE - Alderman Schulz/Jakus, Chairman

Alderman Schulz moved adoption of the Ordinance amending the Municipal Code relative to the sale and consumption of alcoholic beverages in City parks with specific reference to exempting the Sharon Lynne Wilson Center for the Arts from the prohibition against alcoholic beverages in Mitchell Park. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1810*

PERSONNEL COMMITTEE - Alderman Ponto, Chairman

Alderman Ponto moved adoption of the Ordinance amending Section 2.76.020 of the Mun. Code regarding exemptions from Civil Service. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1811*

Alderman Ponto moved approval of the Resolution relative to the Limited Term Employment Agreement with Judy Larsen regarding the position of Emergency Medical Services Director in the Fire Department. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6773*

Alderman Ponto moved adoption of the Ordinance amending Section 2.12.040 of the Mun. Code regarding medical examinations of current and prospective employees. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1812*

Alderman Ponto moved approval of the Resolution authorizing a bonus payment to the Finance Director in consideration for services as the Acting Human Resources Director. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6774*

Alderman Ponto moved adoption of the Ordinance amending Ord. #1771, the Salary Ordinance, to establish the position of Office Manager in the Police Department, including its salary. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1813*

Alderman Ponto moved adoption of the Ordinance amending Ord. #1771, the Salary Ordinance, to adjust the salary for the position of Human Resources Generalist. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1814*

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved adoption of the Ordinance granting Brookside Baptist Church a special exception to the Butler Ditch moratorium established by Ord. #1711. The motion was seconded by Alderman Washechek. A roll call vote was taken and carried unanimously. Ordinance No. 1815*

The discussion and possible action relative to the purchase of the Knull property located at 14305 Ivy Lane was delayed near the end of the meeting. (Closed Session and possible action.)

SEWER & WATER BOARD - Alderman Washechek, Chairman

Alderman Washechek moved approval of the Final Resolutions levying special assessments against 2700 Burlawn Parkway, Lot 1, Block 4, TKN BRC 1057-124, $2,222.00. The motion was seconded by Alderman Heinrich and carried unanimously. Final Resolution No. 6775*

Alderman Washechek moved approval of the Resolution awarding the bid for the Imperial/Rosedale/Robinwood Hot Spots Sanitary Sewer Lining Project #2001-SS-1 to Insituform Technologies USA, Inc. for $506,896.00. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6776*

COUNCIL AS A WHOLE

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

Alderman Jakus moved approval of the Resolution establishing the division of 24 wards, as depicted on the Official Ward Map. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6777*

Alderman Jakus introduced the Ordinance redistricting the boundaries of the Aldermanic Districts and approving of said plan and establishing new polling places.

Alderman Jakus moved approval of the Resolution relative to the Offer to Purchase by Nicholas Fanning and Lisa Ludwig, Lot 5, Block 33 in the Fourth Continuation of Kinsey's Garvendale, 1305 Chester Street, for $1,000. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6778*

Alderman Jakus moved to deny the Notice of Claim: Ray Kuzniar. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

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)(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 relative to the purchase of the Knull property located at 14305 Ivy Lane.); and

b. 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. (Confer 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)(e) and (g). The motion was seconded by Alderman Garvens and carried unanimously. Recorded as a roll call. 11:20 p.m.

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

Alderman Schulz moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statues. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Recorded as a roll call. 11:41 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 of the Resolution directing city officials to execute any and all documents relating to the acquisition of the Knull property, 14305 Ivy Lane, at a purchase price of $49,500. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6779*

Alderman Waffenschmidt moved to adjourn. The motion was seconded by Alderman Schulz and carried unanimously. 11:42 p.m.

In reference to a memo from Mayor Bloomberg, per the direction of the Economic Development Committee, she appointed a working committee to determine a preferred organizational framework for a redevelopment agency in the City of Brookfield as follows:

Kathryn Bloomberg, Mayor Greg Gigot - Economic Development Committee Mike Jakus - Plan Commission Jim Garvens - Finance Committee Robert Scott - Director of Finance Sue Schalig - City Attorney Patrick Drinan - Economic Development Coordinator

Kristine A. Schmidt, City Clerk

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

REGULAR COMMON COUNCIL PAGE 9752 JULY 17, 2001