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, MARCH 5, 2002, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR BLOOMBERG Presiding in the Chair.

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

ALDERMEN ABSENT & EXCUSED: Karl Schulz, Howard Washechek

ALSO PRESENT: Assistant City Attorney Karen Flaherty, City Clerk Kris Schmidt, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Planning Administrator Mike Theis, Chief of Staff Dean Marquardt, Director of Parks & Recreation Bill Kolstad, Neighborhood Planner/Designer Carrie Johnson, Anne Frywahl of Schreiber Anderson & Associates

Mayor Bloomberg called the meeting of the Common Council to order at approximately 8:10 p.m. (A public hearing was heard previously regarding Brookside Baptist Church located approximately 4450 N. Pilgrim Road.) Director of Parks and Recreation Bill Kolstad and Anne Frywahl, Landscape Architect with Schreiber Anderson & Associates, made a presentation of the Preliminary Greenway Corridor Plan. (The preliminary plans may be viewed in the City Clerk's Office.)

The next Common Council meeting will be March 19, 2002.

The Boy Scouts and Cub Scouts St. John Vianney and Elm Grove Lutheran School led the Council in the Pledge of Allegiance to the American Flag.

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of February 19, 2002, and Special Common Council meeting of February 25, 2002. The motion was seconded by Alderman Bauer and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

FINANCE COMMITTEE - Alderman Garvens, Chairman

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

Alderman Garvens moved approval of the request from the Highway Department to purchase two single axle patrol truck chassis for $107,962 - excluding installation packages, which will be quoted separately. The motion was seconded by Alderman Brunner and carried unanimously.

This purchased the truck cab, engine, chassis, etc. The "dump truck" back end is purchased separately and approved at the April 16 meeting.

Alderman Garvens moved approval of the Resolution approving 2002 General Fund budget transfers, requested by the Director of Finance, to implement the provisions of the 2002 salary ordinance. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6870*

Alderman Garvens moved approval of the Resolution approving the budget amendment for sewer and water funds to implement the 2002 salary ordinance. The motion was seconded by Alderman Brunner. A roll call vote was taken and carried unanimously. Resolution No. 6871*

Alderman Garvens moved approval of the Resolution approving 2002 General Fund budget transfers, requested by the Director of Finance, to adjust the budgeted 2002 health insurance cost. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6872*

Alderman Garvens moved approval of the Resolution approving 2001 General Fund budget transfer requested by the Director of Finance: $375,000 from the Contingency account #101-910-590 to account #101-910-591, Transfers to Other funds, for purposes of transferring monies to the Debt Service and Employee Retirements Funds. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6873*

LEGISLATIVE & LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Waffenschmidt moved approval of four original Bartender Licenses. The motion was seconded by Alderman Jakus and carried unanimously.

COUNCIL AS A WHOLE

Alderman Jakus moved approval of the Resolution awarding the bid for the Congress Street Storm Sewer Project #2000-SW-27 to Underground Pipeline, Inc. for $240,441.75. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6874*

Alderman Jakus moved approval of the Resolution approving an Agreement between the City of Brookfield and Sharon Lynne Wilson Center for the Arts, Inc., dated March 1, 2002, regarding compliance with U.S. Treasury regulations relating to City debt issued for the project. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6875*

Alderman Jakus moved approval of the Mayor's Appointments. The motion was seconded by Alderman Garvens and carried unanimously.

Board of Review Howard Washechek - Three year term expiring Jan. 1, 2005. Marge Engelking (alternate) - One year term expiring Jan. 1, 2003.

Economic Development Committee Ken Dortzbach - Three year term expiring Jan. 2, 2004.

Parks and Recreation Commission Cathy Markey - Five year term expiring Dec. 31, 2006.

Mayor's Reappointments Board of Review Willard (Woody) Goranson - Three year term expiring Jan. 1, 2005.

Board of Appeals Kevin Bublitz - Three year term expiring May 1, 2004.

Economic Development Committee J. Nathan Cunniff - Three year term expiring Jan. 2, 2004.

Emergency Medical Services Committee Judy Larsen - Three year term expiring May 1, 2004. Colin Curtis - Three year term expiring May 1, 2004. Dr. James Holmberg - Three year term expiring May 1, 2004.

Ethics Board Dr. Richard Wolff - Three year term expiring Nov. 5, 2004.

Library Board Richard Brandt - Three year term expiring July 1, 2004. Gordon K. Miller - Three year term expiring July 1, 2003. John A. Grisa - Three year term expiring July 1, 2004.

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. 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. (Discussion with legal counsel and possible action with respect to Offer to Purchase Vacant Land by the City for the land owned by Eastgate LLC, located at approximately 12980 W. Lisbon Road, Tax Key No. BRC 1012.999.012, as a site for a stormwater detention basin.); and

Alderman Brunner moved to convene into Closed Session under Section 19.85(1)(e) and (g). The motion was seconded by Alderman Jakus and carried unanimously. Recorded as a roll call. 9:15 p.m.

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

Alderman Garvens moved to reconvene into Open Session under Sec. 19.85(2) Wisconsin Statues. The motion was seconded by Alderman Ponto and carried unanimously. Recorded as a roll call. 9:27 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 Jakus moved approval of the Resolution executing the Offer to Purchase Vacant Land by the City for the land owned by Eastgate LLC, located at approximately 12980 W. Lisbon Road, Tax Key No. BRC 1012.999.012, as a site for a stormwater detention basin. The motion was seconded by Alderman Ponto and carried unanimously. Resolution No. 6876*

The next item was the Plan Commission's actions and recommendations as represented in the January 28, 2002, Plan Commission meeting minutes, Item #6 - Request of the City Attorney's Office and Eastgate LLC, c/o von Briesen, Purtell and Roper, for approval to revise the Eastgate Developer's Agreement for the development at 12980 W. Lisbon Avenue regarding conveyance of lands and costs associated with the completion of a stormwater detention basin.

The Plan Commission recommended to approve the amended Developer's Agreement.

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

Alderman Garvens moved to adjourn. The motion was seconded by Alderman Waffenschmidt and carried unanimously. 9:30 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9813

REGULAR COMMON COUNCIL PAGE 9814 MARCH 5, 2002