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, SEPTEMBER 17, 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, Jack Shaw, Mike Franz, Scott Berg, Jerry Wolff, Richard Brunner, Jim Garvens, Jim Heinrich, Cindy Kilkenny

ALDERMEN ABSENT & EXCUSED: Brad Steinke, Karl Schulz

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Chief of Staff Dan Waffenschmidt, Fire Chief John Dahms, Director of Facilities & Inspection Services Dean Marquardt

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:10 p.m. (A public hearing was heard previously for an Amendment to the Zoning Code by adding "club" as a conditional use. See separate minutes.) No one spoke during the segment set aside for the public to address the Council.

The next Common Council meeting will be held October 1st.

Members of Boy Scout Troops 127 and 596 led the Common Council in the Pledge of Allegiance to the American Flag.

Alderman Heinrich moved approval of the Regular Common Council minutes of August 20, 2002, and the Special Common Council meeting minutes of September 3, 2002. The motion was seconded by Alderman Garvens 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 September 9, 2002, Regular Plan Commission meeting minutes, including the Plan Review Board minutes of August 22, 2002.

The first item was the request of Verizon and U.S. Cellular, c/o U.S. Cellular, 3545 N. 124th St., Dan Jakes, Project Manager, for approval of a conditional use and plan and method of operation permitting construction of two 100' tall telecommunications monopoles with internal antennas and a multi-purpose accessory building at 14510 W. North Avenue. The building provides tenant space for the communication equipment of four wireless service providers with an integrated open-air pavilion for park use. (SE 1/4 of Sec. 14)

The Plan Commission recommended to approve the conditional use and plan and method of operation as recommended by staff, with the provision that staff work with the applicant to make the landscaping more compatible with the surroundings.

Alderman Shaw moved to table the recommendation of the Plan Commission. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Shaw moved to table the Ordinance granting a conditional use permitting construction of two 100' tall telecommunications monopoles with internal antennas and a multi-purpose accessory building at 14510 W. North Avenue or Mound Zion Cemetery. The motion was seconded by Alderman Berg and carried unanimously.

The next item was the request of Brian and Renee Shecterle Commercial Properties Inc., 14260 Radiant Ct., Brookfield, WI 53005, to rezone 3705 N. 124th St. from "I" Industrial to "B-3" Regional Business (base) and "CS" Cluster Suburban/"NS" New Suburban (overlay) districts to approve a plan and method of operation for Phase I, the construction of an approximate 14,500 sq. ft. new mixed-use building on said property. (NE 1/4 of Sec. 12)

The Plan Commission recommended approving the rezoning and plan and method of operation as recommended by staff and amended by Ms. Johnson at the Plan Commission regarding parking lot screening and with the provision that the applicant work with city staff on ensuring that landscaping meets City standards and Plan Commission concerns.

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

Alderman Shaw moved adoption of the Ordinance rezoning 3705 N. 124th Street from "I" Industrial to "B-3" Regional Business (base) and "CS" Cluster Suburban/"NS" New Suburban (overlay) districts to approve a plan and method of operation for Phase I, the construction of an approximate 14,500 sq. ft. new mixed-use building on said property (Culvers). The motion was seconded by Alderman Heinrich. A roll call vote was taken and carried unanimously. Ordinance No. 1879*

The next item was the request of Dann and Barbara Schaefer, 3035 N. Brookfield Rd., Brookfield, WI 53045, for approval of a special exception to allow a new detached garage for a property zoned "B-1" Local Business with a single-family use. The proposed garage (accessory structure) is 660 square feet. The proposal does not exceed the maximum Lot Coverage and Floor Area Ration standards in the "B-1" Local Business District. (NE 1/4 of Sec. 17)

The Plan Commission recommended approving the special exception request as recommended by staff.

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

Alderman Shaw moved adoption of the Ordinance granting a special exception to allow a new 660 square foot detached garage for a property zoned "B-1" Local Business with a single-family use located at 3035 N. Brookfield Road, owned by Dann and Barbara Schaefer. The motion was seconded by Alderman Heinrich. A roll call vote was taken and carried unanimously. Ordinance No. 1880*

Alderman Shaw moved approval of the remaining Plan Commission's actions and recommendations as represented in the September 9, 2002, Regular Plan Commission meeting minutes, including the Plan Review Board minutes of August 22, 2002. The motion was seconded by Alderman Brunner 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 the Resolution certifying proposed library funding for purposes of exemption from Waukesha County library tax levy. The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 6961*

Alderman Garvens moved approval of the Resolution approving 2002 budget amendment for the Risk Management Fund, requested by the Director of Finance: increase appropriation for claims expense by $50,000 and increase Insurance recoveries revenue by $20,000. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6962*

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of 7 Original Bartender Licenses. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Original Class A Combination Beer & Liquor License for Patel Prakash Prahladbhai, d/b/a Kwik Pantry, 18330 W. Capitol Drive: Agent-Prakash Patel. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved adoption of the Ordinance repealing Section 2.48 of the Municipal Code relating to the Safety Commission. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1881*

Alderman Clappier moved adoption of the Ordinance amending Section 15.04.410 of the Municipal Code relating to Satellite Dish Antenna Regulations subject to amending the section (A) to read "...a permit therefore has first been obtained from the Director of Facilities and Inspection Services and all other applicable legal requirements are complied with.". The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1882*

BOARD OF PUBLIC WORKS - Alderman Mahkorn, Acting Chairman

Alderman Mahkorn moved to table the Resolution awarding the bid for the Mound Zion Cemetery Road, New Road Construction Project #2002-R-02 to Payne and Dolan, Inc. for $98,987.86. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Mahkorn moved approval of the Resolution approving the Perpetual Drainage Easements between the City of Brookfield and the following twelve property owners to perform the Streambank Stabilization Project and maintenance along the navigable stream: Paul & Gertrude Treichel, 2360 N. Calhoun Rd.; CHW Enterprises, 2380 N. Calhoun Rd.; Darold Wollenberg, 2400 N. Calhoun Rd.; Norman & Luann Cummings, 2420 N. Calhoun Rd.; Robert Kutschenreuter, 2445 Brook Springs Dr.; Stephen & Linda Foltz, 2460 N. Calhoun Rd.; Wayne Wegner, 2570 N. Calhoun Rd.; Thomas & Jean Kollross, 2600 N. Calhoun Rd.; William & Tracy Schleicher, 17270 Holly Ln.; Russell Knuth, 17350 Holly Ln.; and Netzow Limited Partnership #1 & #2, 2540 N. Calhoun Road. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6963*

Alderman Mahkorn moved approval of the Resolution awarding the bid for the Streambank Stabilization Project, Calhoun Road Streambank Project #2001-SW-03 to C.W. Purpero, Inc. for $472,993.25. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6964*

Half the cost of this project will be half funded (about $236,000) with a grant from the state. The project's intent is to keep the shores of a natural stream (eastern edge of Calhoun Road, just north of North Avenue) from eroding and sending its silt downstream, which clogs the channels and creates flooding.

Alderman Mahkorn moved the next item to the end of the agenda - Request for Council authorization to begin negotiations for possible property acquisition in order to implement recommendations of the Storm Water and Floodland Management Plan for the Dousman Ditch and Underwood Creek subwatersheds (marked for Closed Session). The motion was seconded by Alderman Ponto and carried unanimously.

WATER BOARD - Alderman Brunner, Chairman

Alderman Brunner moved approval of the Final Resolution levying special assessments against Three Meadows/Pilgrim Hollow Water Main Interconnect, 16115 Brentwood Drive, Lot 1, Block 7, and Tax Key No. BRC 1017-108, $3,819.68. The motion was seconded by Alderman Mahkorn and carried unanimously. Final Resolution No. 6965*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Proclamation proclaiming October 31, 2002, as "Trick-or-Treat Day" from 5:00 - 7:30 p.m. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Ponto moved approval of the following Council President's Appointments. The motion was seconded by Alderman Heinrich and carried unanimously.

Plan Commission Gary D. Mahkorn - To fulfill the unexpired term of a council member who resigned expiring April 15, 2003. Effective October 1, 2002.

Alderman Brad Steinke resigned from the Plan Commission due to an excessive number of schedule conflicts with his job.

Legislative and Licensing Committee Gary D. Mahkorn - To fulfill the unexpired term of a council member who resigned expiring April 2004.

Alderman Dan Waffenschmidt resigned from the council (and this committee) to become Chief of Staff.

Board of Public Works Scott Berg - Two year term expiring April 2004. (Mayoral Appointment) Cindy Kilkenny - Aldermanic Alternate for a term ending with the certification of the special election for Alderman Kilkenny's seat in April 2003.

Alderman Gary Mahkorn resigned from the regular membership and Alderman Scott Berg resigned from the Aldermanic Alternate position.

Personnel Committee Cindy Kilkenny - To fulfill the unexpired term of a council member who resigned for a term ending with the certification of the special election for Alderman Kilkenny's seat in April 2003.

Alderman Dan Waffenschmidt resigned from the council (and this committee) to become Chief of Staff.

Sewer and Water Board Cindy Kilkenny - To fulfill the unexpired term of a council member who resigned for a term ending with the certification of the special election for Alderman Kilkenny's seat in April 2003.

Alderman Gary Mahkorn resigned from the regular membership.

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; and

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.

(Request for Council authorization to begin negotiations for possible property acquisition in order to implement recommendations of the Storm Water and Floodland Management Plan for the Dousman Ditch and Underwood Creek subwatersheds.)

Alderman Heinrich moved to convene into Closed Session under Section 19.85(1)(e) and (g). The motion was seconded by Alderman Shaw and carried unanimously. Recorded as a roll call. 8:45 p.m.

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

Alderman Heinrich moved to reconvene into Open Session under Sec. 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Shaw and carried unanimously. Recorded as a roll call. 8:55 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.

Alderman Mahkorn moved authorization to begin negotiations for possible property acquisition in order to implement recommendations of the Storm Water and Floodland Management Plan for the Dousman Ditch and Underwood Creek subwatersheds. The motion was seconded by Alderman Berg and carried unanimously.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Clappier and carried unanimously. 8:57 p.m.

__________________________________ Kristine A. Schmidt, City Clerk

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

REGULAR COMMON COUNCIL PAGE 9869 SEPTEMBER 17, 2002