| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
August 21, 2001
The official minutes appear in this typeface.Click here to download a PDF file of the official minutes.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 JOINT BOARD OF PUBLIC WORKS MEETING HELD AT 7:45 P.M., TUESDAY, AUGUST 21, 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, Brad Steinke, Steven Ponto, Jim Heinrich, Richard Brunner, Donald Bauer, Jim Garvens, Karl Schulz, Scott Berg, Michael Jakus, Howard Washechek
ALDERMEN ABSENT & EXCUSED: Kari Clappier
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 Human Resources James Zwerlein, Police Chief Dan Tushaus, City Engineer Jeff Chase, Director of Parks & Recreation Bill Kolstad, Planning Administrator Mike Theis
Mayor Bloomberg called the meeting of the Common Council to order at approximately 9:20 p.m.
Two public hearings were heard
Further, several people spoke during the 15 minutes comment segment regarding Deer management methods, the roundabout design plan, and the Lilly Road/North Avenue Storm Drainage.
Waukesha County Disaster Director Jim Malueg presented $34,762 to the City of Brookfield for emergency snow removal costs due to a disaster declaration.
Alderman Heinrich led the Council in the Pledge of Allegiance to the American Flag.
Alderman Waffenschmidt moved approval of the Regular Common Council minutes of July 17, 2001, including the Special Common Council meeting minutes of July 30, 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 August 13, 2001, including the Plan Review Board minutes of July 19, 2001.
The first item was the Plan Commission Recommendation: Resolution to amend a portion of the "Ruby Isle-Civic Center Development Plan" including staff report of the results of a second neighborhood informational meeting.
The Plan Commission recommended approval to recommendation #1, to adopt a resolution amending a portion of the "Ruby Isle-Civic Center Neighborhood Plan" and acceptance of the draft "M.S.O." amendment for a public hearing, and that no additional land use implementation measures are necessary at this time.
Alderman Schulz moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Jakus and carried unanimously.
Alderman Schulz moved approval of the Resolution amending Res. #3644, the "Ruby Isle Development Plan", also known as the "Ruby Isle-Civic Center Development Plan", plan amendment-2001. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6786*
The next item was the request of Reformation Lutheran Church, 915 Adelmann Drive, Bob Isakson, representative, for approval of a conditional use establishing Reformation Lutheran Church as a conditional use and amending the boundaries of Ordinance No. 1291, removing lots 15, 18 and the north 7.8 feet of lot 19, block 7 Greenfield Heights Estates, from the legal description permitting Prairie Hill School. (SE 1/4 of Sec. 33)
The Plan Commission recommended approval to the Planner's recommendation, to approve a conditional use ordinance establishing Reformation Lutheran Church and instruction classroom space as a conditional use on Lots 1-8, 10, 11 and 14, Block 7 Greenfield Heights, with the condition that the applicant extend the utilities to the edge of right-of-way, either now as a condition of the conditional use or at the time the C.S.M. is recorded.
Alderman Schulz moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Jakus and carried unanimously.
Alderman Schulz moved adoption of the Ordinance establishing Reformation Lutheran Church as a conditional use and amending the boundaries of Ordinance #1291, removing Lots 15, 18 and the north 7.8 feet of Lot 19, Block 7 Greenfield Heights Estates, from the legal description permitting Prairie Hill School. The motion was seconded by Alderman Jakus. A roll call vote was taken and carried unanimously. Ordinance No. 1816*
Alderman Schulz moved approval of the Resolution amending Res. #4092, which removes the condition of limiting dental office tenancy to 20% of the building's floor area, that was in a previously recorded Deed Restriction for the property owned by R & J Associates located at 17525 W. North Avenue. (Item #1 from the Plan Review Board minutes of July 19, 2001.) The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6787*
Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of August 13, 2001, including the Plan Review Board of July 19, 2001. The motion was seconded by Alderman Jakus and carried unanimously.
BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman
Alderman Jakus moved to take Items #23 and #24 out of order. The motion was seconded by Alderman Brunner and carried unanimously.
Alderman Schulz moved approval of the Resolution awarding the bid for the Public Works Building Project to Miron Construction Company, Inc. for $6,343,440. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6788*
Alderman Schulz moved approval of the Resolution relative to the Service Agreement with Zimmerman Design Group for expanded field representation for the Public Works Building, at a cost not to exceed $59,000. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6789*
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 to deny the Notice of Claim re: Bonnie Newby. The motion was seconded by Alderman Heinrich and carried unanimously.
Alderman Garvens moved approval of the Resolution authorizing the continued participation in the Cities and Villages Mutual Insurance Company. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6790*
LEGISLATIVE & LICENSING COMMITTEE - Alderman Jakus, Chairman
Alderman Jakus moved approval of Item #8a, sixteen original bartender licenses; Item #8b, Renewal Bartender Licenses (tabled at the July 17th Leg. & Lic. Comm.); and Item #8c, granting a bartender's license on appeal. The motion was seconded by Alderman Waffenschmidt and carried unanimously.
Alderman Jakus moved approval of the Temporary Class "B" Beer and Wine Retailer's License for the Sharon Lynne Wilson Center, 19805 W. Capitol Drive, on September 8th. The motion was seconded by Alderman Heinrich and carried unanimously.
Alderman Jakus moved approval of the Original Class B Beer and Class C Wine Alcohol License: The Noodle Shop Company-Wisconsin, Inc., d/b/a Noodles & Company, 16750-17000 W. Bluemound Road, Suite 140, Agent: Wayne R. Kimmell II. The motion was seconded by Alderman Waffenschmidt and carried unanimously.
Alderman Jakus moved approval of the Fireworks User Permit for Brookfield East High School on September 19, 2001. The motion was seconded by Alderman Waffenschmidt and carried unanimously.
Alderman Jakus moved approval of the Temporary Extension on a Class B Combination alcohol license premise description for Rita Rae's, 16760 W. Greenfield Avenue, subject to the Plan Review Board approving a Temporary Use Permit. The motion was seconded by Alderman Heinrich and carried unanimously.
PERSONNEL COMMITTEE - Alderman Schulz, Chairman
Alderman Ponto moved adoption of the Ordinance amending Ord. #1771, the 2001 Salary Ordinance, to codify the position authority for Paramedic Preceptor in the Fire Department, including its salary. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1817*
Alderman Ponto moved approval of the Resolution relative to the Affiliation Agreement between Children's Hospital of Wisconsin, Inc. and the City of Brookfield Emergency Medical Training Center regarding emergency medical technician training. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6791*
Alderman Ponto moved approval of the Resolution relative to the Intergovernmental Cooperation Agreement (renewal) between the City of Waukesha and the City of Brookfield to provide confined space rescue response and training to the City of Brookfield Fire Department. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6792*
SEWER AND WATER BOARD - Alderman Washechek, Chairman
Alderman Washechek moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments for the Hoffman/Pleasant/Teal Ridge/Lisbon Road Water Main Project #2000-WM-8. The motion was seconded by Alderman Garvens and carried Ayes 12, No's 1 with Alderman Berg voting no. Final Resolution No. 6793*
Alderman Washechek moved approval of the Resolution awarding the construction contract for the Hoffman/Pleasant/Teal Ridge/Lisbon Road Water Main Project #2000-WM-8 to Underground Pipeline Inc. for $273,892.78. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6794*
Alderman Washechek moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments for the Bolter/Midland/Buena Vista Water Main Project #2001-WM-3. The motion was seconded by Alderman Bauer and carried Ayes 12, No's 1 with Alderman Berg voting no. Final Resolution No. 6795*
Alderman Washechek moved approval of the Resolution awarding the construction contract for the Bolter/Midland/Buena Vista Water Main Project #2001-WM-3 to Underground Pipeline, Inc. for $274,534.25. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6796*
Alderman Washechek moved approval of the Final Resolutions levying a special assessment for a water main option connection: (a) 19560 Gebhardt Road, Tax Key No. BRC 1085-994-001, $2,702; and (b) 4425 N. 161st St., Tax Key No. BRC 1017-002, $3,257.45. The motion was seconded by Alderman Bauer and carried unanimously.
(a) Final Resolution No. 6797* (b) Final Resolution No. 6798*
BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman
Alderman Schulz moved approval of the Resolution awarding the bid for the Lamplighter Park Pond Dredging Project #2001-SW-2 to James Cape & Sons Company for $359,149. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6799*
Alderman Schulz moved approval of the Resolution awarding the bid for the City Hall Roof Replacement Project, Roof Areas 1, 4, and 10, IRS Project #11367 to M.M. Schranz Roofing, Inc. for $113,543. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6800*
The Resolution awarding the bid for the Public Works Building Project and the Resolution relative to the Service Agreement with Zimmerman Design Group for the Public Works Building were approved earlier in the meeting.
Alderman Schulz moved approval of the Resolution relative to the Barker Road/North Avenue Roundabout Design Contract with HNTB for $54,720. The motion was seconded by Alderman Washechek and carried Ayes 9, No's 4 with Aldermen Schellinger, Berg, Heinrich and Ponto voting no. Resolution No. 6801*
* JOINT COMMON COUNCIL AND BOARD OF PUBLIC WORKS *
The City Clerk called the roll of the Board of Public Works. Mayor Bloomberg called the meeting to order. Alderman Ponto left the Common Council meeting; otherwise, the attendance of the Common Council remained the same.
In continuing actions of the Council and Board of Public Works, 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. {Relocation Order and Resolution of acquisition of lands for public purposes including authorization relative to offering price reports and relocation determinations relating to the following seven properties: 2345 Lilly Road (David & Lisa Betancourt); 2415 Lilly Road (Philip & Dawn Carson); 2445 Lilly Road (Michal & Waleria Strakszyc); 14135 Oak Hill Lane (Mary Jane Lenartz); 14065 Oak Hill Lane (James & Nancy Torke); 14035 Oak Hill Lane (Winifred Hammermeister); and Parcel #1064-987-001 - 8.17 acres (Shirley Gruen), for an amount not to exceed $1.15 million.}
Board of Public Works: Alderman Washechek moved to convene into Closed Session under Section 19.85(1)(g). The motion was seconded by Alderman Bauer and carried unanimously. Recorded as a roll call. 10:55 p.m.
Common Council: Alderman Schulz moved to convene into Closed Session under Section 19.85(1)(g). The motion was seconded by Alderman Waffenschmidt and carried unanimously. Recorded as a roll call. 10:55 p.m.
Present during closed session were as follows: City Clerk, Assistant City Attorney, Director of Public Works, Director of Finance City Engineer, and Chief of Staff.
Board of Public Works: Alderman Washechek moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statues. The motion was seconded by Alderman Schulz and carried unanimously. Recorded as a roll call. 11:35 p.m.
Common Council: Alderman Heinrich moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Recorded as a roll call. 11:35 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.
Board of Public Works: Alderman Schulz moved to approve the legal descriptions and map depicting the floodwater storage area and recommending approval of the Relocation Order and Resolution relating to the acquisition of lands for the construction of a floodwater storage area west of Lilly Road and north of North Avenue - relating to the following seven properties: 2345 Lilly Road (David & Lisa Betancourt); 2415 Lilly Road (Philip & Dawn Carson); 2445 Lilly Road (Michal & Waleria Strakszyc); 14135 Oak Hill Lane (Mary Jane Lenartz); 14065 Oak Hill Lane (James & Nancy Torke); 14035 Oak Hill Lane (Winifred Hammermeister); and Parcel #1064-987-001 - 8.17 acres (Shirley Gruen), for an amount not to exceed $1.15 million (Relocation Order). The motion was seconded by Alderman Bauer and carried unanimously.
Common Council: Alderman Jakus moved approval of the Resolution of Necessity for acquisition of lands for public purposes including authorization relative to offering price reports and relocation determinations relating to the following seven properties: 2345 Lilly Road (David & Lisa Betancourt); 2415 Lilly Road (Philip & Dawn Carson); 2445 Lilly Road (Michal & Waleria Strakszyc); 14135 Oak Hill Lane (Mary Jane Lenartz); 14065 Oak Hill Lane (James & Nancy Torke); 14035 Oak Hill Lane (Winifred Hammermeister); and Parcel #1064-987-001 - 8.17 acres (Shirley Gruen), for an amount not to exceed $1.15 million (Relocation Order), as recommended by the Board of Public Works. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6802*
Alderman Schulz moved to adjourn the Board of Public Works. The motion was seconded by Alderman Mahkorn and carried unanimously.11:40 p.m.
COUNCIL AS A WHOLE
Alderman Jakus moved adoption of the Ordinance redistricting new boundaries of the Aldermanic Districts and approving of said plan and establishing new polling places. The motion was seconded by Alderman Mahkorn. A roll call vote was taken and carried unanimously. Ordinance No. 1818*
Alderman Jakus moved to adjourn. The motion was seconded by Alderman Berg and carried unanimously. 11:45 p.m.
Kristine A. Schmidt, City Clerk
* May be viewed in the City Clerk's Office. 9761
REGULAR COMMON COUNCIL PAGE 9761 AUGUST 21, 2001