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, AUGUST 20, 2002, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding

ALDERMEN PRESENT: Thomas Schellinger, Steven Ponto, Kari Clappier, Gary Mahkorn, Brad Steinke, Jack Shaw, Mike Franz, Scott Berg, Jerry Wolff, Richard Brunner, Karl Schulz, Jim Garvens

ALDERMEN ABSENT & EXCUSED: Jim Heinrich, Vacant seat in the 2nd Aldermanic District (Cindy Kilkenny was appointed this evening but not sworn-in)

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Human Resources Jim Zwerlein, Director of Finance Robert Scott, Police Chief Dan Tushaus, Chief of Staff Dan Waffenschmidt, Neighborhood Planner Carrie Johnson

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 10:45 p.m. (Two public hearings were heard previously for Capitol Heights Center and Culver's Restaurant. See separate minutes.) Two people spoke during the segment set aside for the public to address the Council. A prayer plaque was presented by Hal Nickols to the Mayor and City Council in recognition of the 9-11 terrorist tragedy last year.

The first public hearing was for a rezoning of the northwest corner of Capitol Drive and Calhoun Road for a high density mixed use development. About 200 residents of the area (Imperial Estates subdivision) attended to state their concerns.

The next Common Council meeting will be September 17th.

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

Alderman Schulz moved approval of the Regular Common Council minutes of July 16, 2002. The motion was seconded by Alderman Garvens and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

LEGISLATIVE & LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved the recommendation of the Legislative & Licensing Committee to appoint Cindy Kilkenny to fill the vacancy of Alderman in the second district, based on analytical analysis and qualitative assessment of the community connection. The motion was seconded by Alderman Wolff and carried unanimously. (The oath was not administered, as Cindy Kilkenny was not present this evening due to a previous commitment.)

PLAN COMMISSION

The City Clerk referred to the Plan Commission's actions and recommendations as represented in the August 12, 2002, Regular Plan Commission meeting minutes, including the Plan Review Board minutes of July 18, 2002.

The first item was the Plan Commission Recommendation: Ordinance amending the Zoning Code to modify the provisions for building setbacks measured near streets that are located on the Official Map and the creation of the "TND" Traditional Neighborhood District in the "MSO" Modified Suburban Overlay District.

The Plan Commission recommended to accept the plan with the proviso that the language reading, "Not withstanding, the intent of this section is to establish the widest public right-of-way and corresponding setbacks" be deleted, and that "TND" be defined as "Traditional Neighborhood Design".

Alderman Steinke moved approval of the Plan Commission. The motion was seconded by Alderman Brunner and carried unanimously.

Alderman Steinke moved adoption of the Ordinance amending the title of the Official Land Use Map Ordinance, Chapter 12.04, and amending Section 17.112.010, setbacks, to clarify and modify the points of reference in determining street and highway setback lines, from existing and planned streets and highways and changes contemplated in street and highway right-of-ways. The motion was seconded by Alderman Schulz. Ordinance No. 1871*

Alderman Steinke moved adoption of the Ordinance amending Section 17.98.030 Overlay District Requirements of the Modified Suburban District to add a Traditional Neighborhood Development ("TND"). The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1872*

The next item was Plan Commission Recommendation: Ordinance adding a portion of Executive Drive to the Official Map.

The Plan Commission recommended to approve the map amendment.

Alderman Steinke moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Shaw and carried Ayes 11, No's 1 with Alderman Berg voting no.

This mapping was called for by the Calhoun Road South master plan adopted in 2001. Alderman Berg voted for that master plan, but did not like this particular portion of the plan. The north end of Executive Drive is opposite of the Barnes & Noble bookstore on Bluemound Road. This extension is to the east of the store, through the middle of what is now a jewelry store. This jog in the road would negate the benefit of the traffic light. Also, the mapping as a whole creates a grid of streets to the north of Bluemound Road that could encourage high density housing and retail development, as outlined in the master plan. It is Alderman Berg's contention that this will create more traffic in the region rather than the stated effect of providing a bypass for existing traffic.

Alderman Steinke moved adoption of the Ordinance amending Section 12.04.030 adding a planned new street to the Official Map of the City of Brookfield: Executive Drive. (Also includes past actions from the Council by Resolution: Wisconsin Avenue, Ruf Road, Oak Grove Road, Bishop's Drive, Patrick Boulevard and Brookfield Road. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried Ayes 11, No's 1 with Alderman Berg voting no. Ordinance No. 1873*

Alderman Steinke moved approval of the Plan Commission's actions and recommendations as represented in the August 12, 2002, Regular Plan Commission meeting minutes, which includes the Plan Review Board minutes of July 18, 2002. 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 Wolff and carried unanimously.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of thirty-four Original Bartender Licenses and to table one bartender license. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Firework's User Permit for Westmoor Country Club, 400 S. Moorland Rd., September 1, 2002. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Clappier moved approval of the Temporary Class B Beer and Wine License: St. Luke Congregation, 18000 W. Greenfield Ave., October 18- November 2, 2002. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Original Class B Beer and Liquor License: Stenz Griesell Smith Post 449, d/b/a American Legion Post 449, 3245 N. 124th St., Albert W. Kolsch-Agent. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Original Class A Beer and Liquor License: Calhoun Liquor LLC, d/b/a Best Cellars Wine Shop, 17000 W. Capitol Dr., Jeff Desotell-Agent. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved adoption of the Ordinance allowing alderpersons to participate in meetings telephonically. The motion was seconded by Alderman Schulz.

Alderman Mahkorn moved to table the Ordinance allowing alderpersons to participate in meetings telephonically. The motion was seconded by Alderman Shaw and carried unanimously.

There have been several cases where alderman were out of town and wanted to participate in Council meetings by conference telephone call. In fact, this has actually happened at least three times in the last two years. State law is a little vague on whether this is allowed, so the City Attorney felt that an ordinance explicitly allowing it was in order. Certain aspects of this proposal troubled several alderman, and it was not a high priority need, so it was tabled.

Alderman Clappier moved adoption of the Ordinance repealing and recreating Section 2.04.180 of the Mun. Code pertaining to reconsideration. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1874*

Alderman Clappier moved adoption of the Ordinance updating the Administrative Code references in the water service system and well abandonment sections of the Municipal Code. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1875*

Alderman Clappier moved adoption of the Ordinance amending Section 2.04.080 1. of the Mun. Code relating to the duties and makeup of the Information Technology Subcommittee. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1876*

Alderman Clappier moved adoption of the Ordinance amending Section 2.36 of the Mun. Code relating to terms of appointment to committees. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1877*

PERSONNEL COMMITTEE - Alderman Ponto, Chairman

Discussion and possible action on a Resolution approving a separation agreement between the City of Brookfield and Police Detective Mark Schlottke was deferred to the end of the meeting.

Alderman Ponto moved adoption of the Ordinance amending the Positions Ordinance to create one additional position of Dispatcher in the Police Department. The motion was seconded by Alderman Wolff. A roll call vote was taken and carries Ayes 11, No's 1 with Alderman Berg voting no. Ordinance No. 1878*

It takes a total of 12 dispatchers to cover the emergency dispatch (911) center 24 hours a day, 7 days a week, including holidays, people out on vacations or out sick, etc. The ordinance defining how many positions are allowed in a department now allows 12 dispatchers. Unfortunately, when a position becomes vacant, the dispatching group is left short handed until a replacement can be found. The theory behind this proposal was to authorize up to 13 dispatchers, be slightly "over-staffed" when all those positions are filled, but be correctly staffed when someone is gone on vacation, etc. or quits. There is no funding in the 2002 budget for this new 13th position, although it will probably be requested in the 2003 budget. Alderman Berg feels that a little overtime goes a long way, that multiple simultaneous vacancies are a sign of problems other than not enough authorized positions, and that more people means more money means more taxes. Besides, it is the City's stated intent to transfer all the dispatchers to Waukesha County employment when the new Combined Dispatch center opens.

Alderman Ponto moved approval of the Resolution approving a Memorandum of Understanding between the City of Brookfield and the Wisconsin Professional Police Association (B.P.P.A.) regarding employees health insurance premium contributions. The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 6944*

Alderman Ponto moved approval of the Resolution approving an agreement between the City of Brookfield and North Shore Bank modifying the Deferred Compensation program. The motion was seconded by Alderman Clappier and carried unanimously. Resolution No. 6945*

Alderman Ponto moved approval of the Resolution approving the renewal of an agreement for a clinical site for the Brookfield Paramedic Program at Oconomowoc Memorial Hospital. The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 6946*

Alderman Ponto moved approval of the Resolution approving a Job Sharing agreement between the City of Brookfield and two Engineering Department employees. The motion was seconded by Alderman Clappier and carried unanimously. Resolution No. 6947*

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution awarding the bid for the Fire Station #2 Roof Replacement Project to Speciality Associates, Inc. for $75,628.00. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 6948*

Alderman Schulz moved to defer to the end of the meeting the Resolution authorizing staff to negotiate and execute documents necessary for the acquisition of land located at 2380 and 2400 N. Calhoun Road for flood storage. The motion was seconded by Alderman Clappier and carried unanimously.

Alderman Schulz moved approval of an Agreement, in form, for fences in the right-of-way along Gebhardt Road and Brookfield Road. The motion was seconded by Alderman Ponto and carried Ayes 9, No's 3 with Aldermen Berg, Schellinger, and Brunner voting no.

The fence surrounding the southeast corner of the Glen Kerry subdivison has been an important issue for that neighborhood for several months. The fence has always been located on City property (right of way), is a clear violation of the City fence code, is topped with dangerous barbed wire and is unsightly. The Glen Kerry residents are, in Alderman Berg's opinion, asking for an exemption from city ordinance that will neither benefit nor be granted to any other city resident. Equal protection under the law must be absolute.

WATER BOARD - Alderman Brunner, Chairman

Alderman Brunner moved approval of the Final Resolution levying special assessments against 17130 Eldorado Dr., Lot 38, Block 1, Tax Key No. 1019-038, $2,290.00. The motion was seconded by Alderman Franz and carried unanimously. Final Resolution No. 6949*

Alderman Brunner moved approval of the Final Resolutions authorizing the installation of water main and levying of special assessments - 2002 Miscellaneous Water Main Extensions Project #WM-02-02: (a) Petition Portion, (b) Utility Portion. The motion was seconded by Alderman Shaw and carried unanimously.

(a) Petition Portion - Final Resolution No. 6950* (b) Utility Portion - Final Resolution No. 6951*

Alderman Brunner moved approval of the Resolution to award a construction contract for North Avenue Water Main - Pilgrim Square Drive to N. 128th Street Project #WM-02-01 to MJ Construction, Inc. for $1,019,661.25. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 6952*

Alderman Brunner moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments for the North Avenue Water Main - Pilgrim Square Drive to N. 128th Street Project #WM-02-01. The motion was seconded by Alderman Berg and carried unanimously. Final Resolution No. 6953*

Alderman Brunner moved approval of the Resolution approving the Dedication of Public Facilities of water main in Estate Circle from Windsor Estates Condominium Association (subject to further administrative approval). The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 6954*

Alderman Brunner moved approval of the Resolution approving a Perpetual Water Main Easement between Windsor Estates Condominium Association in Estate Circle (subject to further administrative approval). The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6955*

Alderman Brunner moved approval of the Resolution approving the vacation of a water main easement for Elmbrook Plaza, 2315 - 2495 N. 124th Street. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 6956*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Resolution approving the Assignment between Big Bend Development, LLC (assignor) and Pinnacle Property Holding, LLC (assignee). The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6957*

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)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. (Discussion and possible action on a Resolution approving a separation agreement between the City of Brookfield and Police Detective Mark Schlottke; and Discussion and possible action on a Resolution approving a separation agreement between the City of Brookfield and Police Captain Douglas Turner.)

b. 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; and

c. 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. (Resolution authorizing staff to negotiate and execute documents necessary for the acquisition of land located at 2380 and 2400 N. Calhoun Road for flood storage.)

Alderman Ponto moved to convene into Closed Session under Section 19.85(1)(c), (e) and (g). The motion was seconded by Alderman Schulz and carried unanimously. Recorded as a roll call. 12:00 a.m.

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

Alderman Ponto moved to reconvene into Open Session under Sec Won 19.85(2) Wisconsin Statues. The motion was seconded by Alderman Shaw and carried unanimously. Recorded as a roll call. 12:30 a.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.

No action was taken on the Resolution approving a separation agreement between the City of Brookfield and Police Captain Douglas Turner.

Alderman Ponto moved approval of the Resolution approving a separation agreement between the City of Brookfield and Police Detective Mark Schlottke. The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 6958*

Alderman Schulz moved approval of the Resolution authorizing staff to negotiate and execute documents necessary for the acquisition of land located at 2380 and 2400 North Calhoun Road for flood storage. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6959*

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 12:37 a.m.

__________________________________ Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9856

REGULAR COMMON COUNCIL PAGE 9861 AUGUST 20, 2002