Council Meeting - October 16, 2001

October 16, 2001

The official minutes appear in this typeface.

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.

Click here to download a PDF file of the official minutes.

THESE ARE THE MINUTES OF A REGULAR COMMON COUNCIL MEETING HELD AT 7:45 P.M., TUESDAY, OCTOBER 16, 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, Steven Ponto, Jim Heinrich, Richard Brunner, Donald Bauer, Jim Garvens, Karl Schulz, Scott Berg, Michael Jakus, Howard Washechek, Kari Clappier

ALDERMEN ABSENT & EXCUSED: Brad Steinke

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 Human Resources James Zwerlein, Police Chief Dan Tushaus, Fire Chief John Dahms

Mayor Bloomberg called the meeting of the Common Council to order at approximately 7:45 p.m. No citizen wish to speak during the 15 minute public speaking segment.

The next Common Council meeting will be November 6th.

Alderman Brunner led the Council during the Pledge of Allegiance to the American Flag.

Chief of Staff Dean Marquardt, Police Chief Dan Tushaus, and Fire Chief John Dahms presented information relative to emergency preparedness as outlined in the Emergency Management Manual.

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of October 2, 2001. The motion was seconded by Alderman Brunner 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 October 8, 2001, including the Plan Review Board minutes of September 20, 2001, and excluding Item #2- the request of U.S. Cellular and Verizon for a conditional use of a co-located telecommunications facility at 21225 Enterprise Avenue.

Alderman Jakus moved approval of the Plan Commission's actions and recommendations as represented in the Regular Plan Commission's minutes of October 8, 2001, including the Plan Review Board minutes of September 20, 2001, and excluding Item #2- the request of U.S. Cellular and Verizon for a conditional use of a co-located telecommunications facility at 21225 Enterprise Avenue. The motion was seconded by Alderman Schulz 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 Brunner and carried unanimously.

Alderman Garvens moved to deny the Notice of Claim from Wisconsin Electric/Wisconsin Gas. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Garvens moved approval of the request of the Chief of Staff to install underground electrical feeder system serving all buildings at the new Public Works Facility at 19450 Riverview Drive from Wisconsin Electric Power Company for $85,672. The motion was seconded by Alderman Heinrich and carried unanimously.

LEGISLATIVE & LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of eight original bartender licenses and denial of one original bartender license. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Jakus moved adoption of the Ordinance amending Section 2.56 of the Municipal Code regarding the City's emergency management organization. The motion was seconded by Alderman Brunner. A roll call vote was taken and carried Ayes 10, No's 3 with Alderman Ponto, Berg and Heinrich voting no. Ordinance No. 1829*

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution awarding the bid for the Emergency Standby Generator Project, Fire Station #2 and Fire Station #3 to Craf-Tron Electric Inc. for $39,950. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6814*

SEWER & WATER BOARD - Alderman Washechek, Chairman

Alderman Washechek moved approval of the Resolution granting David and Karie Mueller a reduction in the water main assessment levied against their property located at 18085 Midland Place, two lots (Lots 3 and 4 in Block 8) of Brookfield Heights Subdivision. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6815*

Alderman Washechek moved approval of the Resolution adjusting sewerage service rates, effective January 1, 2002. The motion was seconded by Alderman Garvens and carried Ayes 12, No's 1 with Alderman Berg voting no. Resolution No. 6816*

COUNCIL AS A WHOLE

Alderman Jakus moved adoption of the Emergency Management Manual. The motion was seconded by Alderman Washechek 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)(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 with legal counsel with respect to Town of Brookfield vs. City of Brookfield, Case No. 01CV1869.

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. 10:00 p.m.

Present during closed session were as follows: City Clerk, City Attorney, Director of Public Works, Director of Finance, 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 Washechek moved to adjourn. The motion was seconded by Alderman Garvens and carried unanimously. 10:20 p.m.

Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk's Office. 9777

REGULAR COMMON COUNCIL PAGE 9777 OCTOBER 16, 2001