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 19, 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, Howard Washechek

ALDERMEN ABSENT & EXCUSED: Karl Schulz

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Chief of Staff Dean Marquardt, Director of Parks & Recreation Bill Kolstad, Director of Information Services Fred Miller, Director of Community Development Dan Ertl

Mayor Bloomberg called the meeting of the Common Council to order at approximately 8:55 p.m. (A public hearing was heard previously for Swanson Elementary School.)

Chief of Staff Dean Marquardt presented a report regarding the 2000-2002 Strategic Plan. This report may be viewed in the City Clerk's Office.

James Hunzinger, Executive Vice President of Hunzinger Construction Company, was presented the First Quarter 2002 Featured Business Award, awarded by the Economic Development Committee by, Dan Ertl, Mayor Bloomberg, and Jim Garvens,

Mayor Kathryn Bloomberg, Howard Washechek, Don Bauer and Mike Jakus were honored by the Council for their years of service to the City of Brookfield.

The next Common Council meeting of April 2nd has been cancelled due to the election. A Special Common Council may be held on April 9th.

The purpose of that Special Common Council meeting would have been to have a lame duck Council approve the roundabout on North Avenue and Barker Road. The meeting never happened.

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

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of March 5, 2002. The motion was seconded by Alderman Heinrich and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The City Clerk referred to the Plan Commission's actions and recommendations as represented in the March 11, 2002, Regular Plan Commission meeting minutes, including the Plan Review Board minutes of February 21, 2002.

The first item was the request of the School District of Elmbrook, 13780 Hope Street, Robert C. F. Borch, Asst. Superintendent, for approval of a conditional use and a revised plan and method of operation permitting a 3,819 square foot building addition at 2250 Lynette Lane, i.e. Hillside Elementary School. (NW 1/4 of Sec. 19)

The Plan Commission recommended approval of the conditional use permitting a revised plan and method of operation subject to staff's recommendation with the condition that the School District work with City staff to find an acceptable location for the pedestrian easement.

Alderman Jakus moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Steinke moved adoption of the Ordinance granting a conditional use permitting a 3,819 sq. ft. building addition to accommodate all-day kindergarten at 2250 Lynette Lane, i.e. Hillside Elementary School. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1857*

The next item was the request of Brookside Baptist Church, c/o McLario, Helm and Bertling, S.C., N88 W16783 Main St., Menomonee Falls, WI 53051, Attorney Joseph H. Helm Jr., Church Agent, for approval of a conditional use and new plan and method of operation permitting construction of a 40,408 sq. ft. church with study rooms and fellowship hall at approximately 4450 N. Pilgrim Road. The request includes approval of a certified survey map separating wetlands from buildable lot area and rezoning of non-floodland/wetland areas from "C" Conservancy District to "R-2" Single-family Residence District as well as "R-2" Single-family Residence District to "C" Conservancy. Lastly, approval of a Developer's Agreement securing improvements to Pilgrim Road. (NW 1/4 of Sec. 2)

The Plan Commission recommended approval of the conditional use, new plan and method of operation, certified survey map and base district rezoning, with the condition that the applicant may be allowed to install fewer parking spaces, that one/2 courses of stone be removed beneath the upper windows and Renaissance stone used instead of Optimum Best Block, and that language is written into the Developer's Agreement that would stipulate that installation of a bypass lane would be deferred until the City deems it is necessary, based upon traffic and accidents at the intersection of Pilgrim Road and the church driveway.

Alderman Jakus moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Steinke and carried unanimously.

Alderman Steinke moved adoption of the Ordinance granting a conditional use to permit construction of a 40,408 sq. ft. church with study rooms and fellowship hall to Brookside Baptist Church, located approximately at 4450 N. Pilgrim Road, and to rezone non-floodland/wetland areas from "C" Conservancy District to "R-2" Single-family Residence District as well as "R-2" Single-family Residence District to "C" Conservancy. The motion was seconded by Alderman Brunner. A roll call vote was taken and carried unanimously. Ordinance No. 1858*

The next item was the request of Century Investing Property Fund, c/o T-3 Group, LTD, 222 E. Erie St., Milwaukee, WI 53202, Brian Fisher, Project Manager, to approve a Planned Development District ("PDD") "General Plan" at 15740 W. Capitol Drive, a.k.a. Capitol Plaza East, adopt a resolution vacating a portion of Washington Drive and schedule the following public hearings:

a. A public hearing for the purpose of rezoning said address from "B-1" Local Business District with "MSO" Modified Suburban Overlay to "PDD" Planned Development District.

b. A public hearing for the purpose of vacating the southerly 40' of right-of-way of Washington Drive.

c. A conditional use public hearing permitting the construction of a co-located telecommunications facility at said address.

All in association with a proposed revised plan and method of operation permitting partial razing, facade alterations and new construction of a 14,407 sq. ft. freestanding commercial building. (SW 1/4 of Sec. 3)

The Plan Commission recommended approval of the following as recommended by Planning Staff, with the provision that additional architectural details would be submitted by Walgreens.

1. Approve the application packet as the Capitol Plaza East - PDD "General Plan". 2. Adopt a resolution vacating the southerly 40' of Washington Drive. 3. Approve scheduling a PDD Public Hearing. 4. Approve schedule a Right-of-Way Vacation Public Hearing. 5. Approve scheduling a Co-Located Telecommunications Facility Conditional Use Public Hearing. 6. Consider the applicant's proposed solution to infrastructure cost allocation.

Alderman Jakus moved adoption of the Plan Commission recommendation. Alderman Jakus suggested a neighborhood meeting should take place relative to Capitol Plaza East. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Steinke introduced the Resolution vacating and discontinuing the southerly 40' of right-of-way of Washington Drive. (No action)

The next item was the Plan Commission Recommendation: Approval of a Resolution adopting the Greenway Corridor Recreational Trail Plan, as prepared by Schreiber/Anderson Associates, Inc., Applied Ecological Services, Inc., and R.A. Smith & Associates, Inc., and as recommended by the Parks and Recreation Commission and the Greenway Corridor Committee.

The Plan Commission recommended to approve the resolution with additional language to the effect that the City will continue to encourage the State, where major State transportation facilities are a part of the City's road system, and to provide transportation for bicycles and pedestrians across those transportation facilities.

Alderman Jakus moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Steinke and carried unanimously.

Alderman Steinke moved approval of the Resolution adopting the Greenway Corridor Recreational Trail Plan, amendment to the 2020 Master Plan and 2020 Park and Open Space Plan, as recommended by the Parks and Recreation Commission and the Greenway Corridor Committee, and commence implementation of the Plan in accordance with normal and customary City procedures. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6881*

Alderman Jakus moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission meeting minutes of March 11, 2002, including the Plan Review Board minutes of February 21, 2002. The motion was seconded by Alderman Waffenschmidt 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 Heinrich and carried unanimously.

Alderman Garvens moved approval of Item #6, the Resolution awarding the sale of $6,590,000 General Obligation Corporate Purpose Bonds providing the form of the bonds; and levying a tax in connection therewith; and Item #7, the Resolution authorizing the issuance and awarding the sale of $1,035,000 General Obligation Promissory Notes; providing the form of the notes; and levying a tax in connection therewith. The motion was seconded by Alderman Heinrich. A roll call vote was taken and carried unanimously.

Item #6 - Resolution No. 6882* Item #7 - Resolution No. 6883*

Alderman Garvens moved approval of Item #8, the Resolution amending the 2002 Capital Improvement Budget: increase of $25,000 for Information Technology for purposes of City-wide telephone system replacement; and Item #9, Approval to purchase city telephone system for $276,000, subject to City Attorney review and approval. The motion was seconded by Alderman Brunner and carried unanimously.

Item #8 - Resolution No. 6884*

Alderman Garvens moved approval to purchase a Materials Security System from 3M Minitex for $64,757.00 for the Library. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Garvens moved approval of the Resolution approving the Agreement with Clarke Environmental Mosquito Management, Inc. for professional services in an amount not to exceed $150,000. The motion was seconded by Alderman Ponto and carried Ayes 12, No's 1 with Alderman Berg voting no. Resolution No. 6885*

It's too little, too late. See: Mosquitoes

Alderman Garvens moved approval of the Resolution approving City Budget development policy. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6886*

LEGISLATIVE & LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of eight original Bartender's Licenses and to deny one bartender's license. The motion was seconded by Alderman Waffenschmidt and carried unanimously.

Alderman Jakus moved adoption of the Ordinance repealing and recreating Section 2.08.020 of the Municipal Code that relates to the Spring Primary. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Ordinance No. 1859*

PARKS AND RECREATION COMMISSION - Alderman Clappier, Acting Chairman

Alderman Clappier moved approval of the Resolution granting the Brookfield Soccer Association, Inc. the right to permit Franklynn Development LLC. cross access and shared use of parking and driveway areas under their lease with the City of Brookfield. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 6887*

BOARD OF PUBLIC WORKS - Alderman Washechek, Chairman

Alderman Washechek moved to table the Resolution awarding the 2002 Road Resurfacing Contract #2002-RR-1 to Payne and Dolan, Inc. for $1,208,365.00. The motion was seconded by Alderman Mahkorn and carried unanimously.

BOARD OF PUBLIC WORKS and SEWER AND WATER BOARD

Alderman Washechek moved approval of the Resolution of Necessity, Relocation Order and legal description of the lands to be acquired for the public purpose of installing water main on Pilgrim Road. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6888*

SEWER AND WATER BOARD - Alderman Washechek, Chairman

Alderman Washechek moved approval of the Resolution approving the Dedication of Public Facilities (sanitary sewer and water main) for Mollgaard Development on Lilly Road. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6889*

Alderman Washechek moved approval of the Resolution approving the Compliance Maintenance Annual Report. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6890*

Alderman Washechek moved approval of the Resolution approving the WEPCO Utility Easement for cellular tower at the Fox River Water Pollution Control Center. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6891*

Alderman Washechek moved approval of the Resolution approving the request from Waukesha County for conveyance of sanitary sewer easement rights for construction of Pilgrim Road. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6892*

COUNCIL AS A WHOLE

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

Library Board Diane Schaaf - Reappointed for a three year term expiring July 1, 2004.

Alderman Jakus moved approval of the Retro-Active Appointments. The motion was seconded by Alderman Washechek and carried unanimously.

Mayor's Reappointment Mayor's Retro-Active Appointments Board of Appeals Frank D. DeGuire, Jr. - Appointed for a three year term expiring May 1, 2003. Thomas Frenn - Appointed for a three year term expiring May 1, 2002.

Mayor's Retro-Active Reappointments Economic Development Committee David P. Gander - Reappointed for a three year term expiring January 2, 2003. Peter E. Kaiser - Reappointed for a three year term expiring January 2, 2003.

Police and Fire Commission William J. Murgas - Reappointed for a five year term expiring May 1, 2005.

Emergency Medical Services Committee Tom Friesch - Reappointed for a three year term expiring May 1, 2003. Joe Amodeo - Reappointed for a three year term expiring May 1, 2003.

Plan Commission Michael Faber - Reappointed for a three year term expiring May 1, 2002.

Alderman Jakus moved approval of the Resolution commending Kathryn C. Bloomberg for her dedicated service to the City of Brookfield in sixteen years as Mayor and four years as Alderman. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6877*

Alderman Garvens moved approval of the Resolution commending Michael P. Jakus for his dedicated service to the City of Brookfield for ten years as Alderman of the Third District and four years as a citizen member of the Plan Commission. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6878*

Alderman Jakus moved approval of the Resolution commending Howard Washechek for his dedicated service to the City of Brookfield for seven years as Alderman of the Sixth District. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6879*

Alderman Jakus moved approval of the Resolution commending Donald J. Bauer for his dedicated service to the City of Brookfield for four years as Alderman of the Second District. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6880*

Alderman Jakus moved to reject the bids for the Barker Road and North Avenue intersection improvements (Roundabout) and North Avenue improvements at Elmbrook Hospital Driveway Project; Project No. 2002-R-1 to Capitol Pavers, Inc. for $498,756.75. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously.

Yes, this is the same rejection done at the meeting of February 19, 2002. By state law, the rejection must be at least 2/3 before the bids can be submitted again in less than 60 days. That would mean that the Elmbrook Hospital driveway, which everyone agreed was a good idea, would be delayed. Since there was a desire to allow construction o fthe hospital driveway and to resolve the roundabout as quickly as possible, all of the alderman agreed to make this rejection so that proper consideration could be made later.

Alderman Jakus moved approval of the Preliminary Resolution declaring intent to exercise special assessment powers under Section 66.0703, Wis. Stats., for Executive Drive Streetscape Improvements Project #2002-CG-1. The motion was seconded by Alderman Garvens and carried unanimously. Preliminary Resolution No. 6893*

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 Mound Zion Cemetery located north of North Avenue and west of 14510 W. North Avenue, tax key no. BRC 1064.984.001).

Alderman Garvens moved to convene into Closed Session under Section 19.85(1)(e) and (g). The motion was seconded by Alderman Bauer and carried unanimously. Recorded as a roll call. 10:20 p.m.

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

Alderman Washechek moved to reconvene into Open Session under Sec. 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Garvens and carried unanimously. Recorded as a roll call. 10:30 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 authorizing the purchase of property from Mound Zion Cemetery (approximately 1/2 acre) for a cost not to exceed $25,000 subject to satisfying all the contingencies contained in the City's offer. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6894*

Alderman Washechek moved to adjourn. The motion was seconded by Alderman Garvens and carried unanimously. 10:30 p.m.

Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9821

REGULAR COMMON COUNCIL PAGE 9822 MARCH 19, 2002