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, OCTOBER 15, 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, Scott Berg, Richard Brunner, Jim Heinrich, Cindy Kilkenny, Karl Schulz, Jerome Wolff, James Garvens

ALDERMEN ABSENT & EXCUSED: Brad Steinke, Michael Franz

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, Police Chief Dan Tushaus, Planning Administrator Mike Theis

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 9:00p.m. (Two public hearings were heard previously - Vacation of 40' of Washington Drive and the rezoning and conditional use for Capitol Plaza East.) Ten people spoke during the segment set aside for the public to address the Council, mostly in regards to the proposed construction of Hawks Pointe subdivision.

The public comments were not about the actual proposed subdivison, but rather about the proposal that Robinwood Drive be extended from the new subdivision on its west to Calhoun Road. The neighbors were concerned that this would introduce a significant amount of new traffic on an otherwise quiet residential street.

The next Common Council meeting will be held November 19th.

Kathy Kasza, Treasurer for the Village of Brown Deer and Vice President of the Wisconsin Government Finance Officers Association, presented the Distinguished Budget Award from the Government Finance Officers Association of the United States and Canada to the City of Brookfield.

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

Alderman Schulz moved approval of the Regular Common Council minutes of October 1, 2002. The motion was seconded by Alderman Shaw 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 October 7, 2002, Regular Plan Commission meeting minutes, excluding Item #5-the Request of Thomson Corporation for a preliminary plat called Hawks Pointe subdivision, and including the Plan Review Board minutes of September 19, 2002.

The first item was the request of Waukesha County, 2120 Davidson Road, Waukesha, WI 53186, Chris Petterson, Radio Services Administrator, for approval of a conditional use amending the boundary of the Burleigh Road Water Tower site located at 13595 W. Burleigh Road via certified survey map and permitting a revised plan and method of operation allowing replacement of the City's radio transmission equipment with an 800 MHz trunk radio system operated by Waukesha County. The request includes construction of a 250 sq. ft. equipment building.

The Plan Commission recommended approval of the conditional use, revised plan and method of operation, and certified survey map as recommended by staff.

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

Alderman Schulz moved adoption of the Ordinance granting a conditional use amending the boundary of the Burleigh Road Water Tower site located at 13595 W. Burleigh Road via certified survey map and permitting a revised plan and method of operation allowing replacement of the City's radio transmission equipment with an 800 MHz trunk radio system operated by Waukesha County. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1887*

The next item was the request of American Legion Post #449, c/o Widen Associates, 7124 W. Center St., Milwaukee, WI 53210, Tim Wiberg, Project Manager, for approval of a conditional use permitting a revised plan and method of operation for the purpose of occupying 3245 N. 124th Street with a club, i.e. American Legion Post #449. (SE 1/4 of Sec. 12)

The Plan Commission recommended approval of the conditional use and revised plan and method of operation as recommended by staff.

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

This building will replace the Legion Hall in Elm Grove, which has been flooded numerous times. The alderman welcomed the Legion to Brookfield.

Alderman Schulz moved adoption of the Ordinance granting a conditional use permitting a revised plan and method of operation for the purpose of occupying 3245 N. 124th Street with a club, i.e. American Legion Post #449. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1888*

Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the October 7, 2002, Plan Commission minutes, excluding Item #5-the request of Thomson Corporation for a preliminary plat called Hawks Pointe subdivision, and including the Plan Review Board minutes of September 19, 2002. The motion was seconded by Alderman Garvens and carried unanimously.

The next item was the tabled Plan Commission's actions and recommendations as represented in Item #3 from the September 9, 2002, Plan Commission minutes-Request of 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)

City Attorney Schalig stated the request is for U.S. Cellular only. Alderman Schulz moved to remove Item #5 (the above stated request), Item #6, and Item #7 from the table. The motion was seconded by Alderman Berg and carried unanimously.

The Plan Commission recommended approval of the conditional use as recommended by staff.

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

Alderman Schulz moved adoption of 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 Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1889*

Alderman Schulz moved approval of the Resolution approving the telecommunications lease with U.S. Cellular at 14510 W. North Avenue or Mound Zion Cemetery site. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 6971*

This cell tower site is on city property, so the cell phone companies lease the land. The lease money is used to fund the Greenway Corridor program. Also, there will be a new driveway to the towers and the tower equipment shed will have a picnic pavilion for public use. The road, shed and pavilion will be paid for by the cell phone companies.

FINANCE COMMITTEE - Alderman Garvens, Chairman

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

Alderman Garvens moved approval of the Resolution approving the engagement of Virchow Krause & Company LLP as the City's auditors for the 2002, 2003, and 2004 fiscal years, including the correction of an amount due to a transposition of a number. The motion was seconded by Alderman Schellinger and carried Ayes 11, No's 1 with Alderman Berg voting no. Resolution No. 6972*

Virchow Krause or its predecessor company Conlen-MacDonald has been Brookfield's auditor since at least 1989. This resolution extends that contract three years. The contract has never been put out for competitive bid. Alderman Berg believes that professional services contracts of significant cost should be put out to bid more than once every 16 years, eve when the vendor has performed satisfactorily.

Alderman Garvens moved approval of the request from the Fire Department to purchase a replacement for the 1998 Pierce "Quint" from Pierce Manufacturing, not to exceed $75,000 (2003 budget). The motion was seconded by Alderman Schellinger and carried unanimously.

Alderman Garvens moved adoption of the Ordinance amending section 3.24.020 of the Municipal Code relating to certain ambulance fees and charges. The motion was seconded by Alderman Berg. A roll call vote was taken and carried unanimously. Ordinance No. 1890*

The fees were raised to the new maximum amount allowed by Medicare. The staff estimated that the new fee schedule, about $500 per ambulance call, covers about one quarter of the actual cost of providing the service. The rest is subsidized by general tax revenues.

Alderman Garvens moved to deny the Notice of Claim: Jay Italiano. The motion was seconded by Alderman Brunner and carried unanimously.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

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

Alderman Clappier moved approval of the Temporary Class B Beer and Wine License for St. Luke's Congregation, 18000 W. Greenfield Avenue, February 1-2, 2003, from 1 p.m. -1 a.m. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Clappier moved approval of the Temporary Class B Beer and Wine License for St. John Vianney Parish, 1755 N. Calhoun Rd., October 26, 2002, 8 p.m. - Midnight. The motion was seconded by Alderman Ponto and carried unanimously.

Alderman Clappier moved adoption of the Ordinance amending Sections 9.28.010, 9.28.020 and 12.24.050 of the Municipal Code relating to the discharge of arrows, including a friendly amendment to remove line B.2., "Any citizen lawfully defending life or property". The motion was seconded by Alderman Heinrich. A roll call vote was taken and carried unanimously. Ordinance No. 1891*

Alderman Clappier moved to remove from the table the Ordinance allowing Alderpersons to participate in meetings by telephone. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Clappier moved adoption of the Ordinance allowing Alderpersons to participate in meetings by telephone. The motion was seconded by Alderman Shaw.

Alderman Kilkenny moved to table. The motion was seconded by Alderman Berg and carried unanimously. (Alderman Clappier asked for direction from aldermen relative to the ordinance.)

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution awarding the bid for the Hillsdale Storm Sewer Project #2002-SW-02 to Musson Brothers, Inc. for $187,659.20. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6973*

Alderman Schulz moved approval of the Resolution approving the Intergovernmental Cooperation Agreement and Conservation Easement between the City of Brookfield and the MMSD concerning property acquisition for conservation and flood management purposes at Ivy Lane and Brookside Lane. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 6974

Alderman Schulz moved to remove from the 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 Schellinger and carried unanimously.

Alderman Schulz moved approval of 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 Shaw and carried unanimously. Resolution No. 6975*

This is the driveway to the cell tower site approved earlier. The cost of the road will be split by the cell tower leasees, with U.S. Cellular paying half.

Alderman Schulz moved approval of the Resolution awarding the bid for the City of Brookfield Fire Station #3, 1000 S. Moorland Road, Roof Replacement Project, Roof Areas 1-2 IRS project number 12005 to Specialty Associates, Inc. in the amount of $46,995. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 6976*

SEWER AND WATER BOARD - Alderman Brunner, Chairman

Alderman Brunner moved approval of the Resolution approving an electric utility easement to WE- Energies at the Pilgrim Road well and pump station. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 6977*

Alderman Brunner moved approval of the Resolution awarding the bid for the 2002 Sanitary Sewer & Manhole Rehabilitation Project #SA-02-01 & #SA-02-02 to Kim Construction Company, Inc. (Contract "A") for $107,057 and Visu-Sewer Clean & Seal, Inc. (Contract "B") for $220,490.80. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 6978*

COUNCIL AS A WHOLE

In continuing actions of the Council, pursuant to 19.85(1) of the Wisconsin Statutes, 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 and possible action on pending litigation titled Daniel J. Phillips v. City of Brookfield, et al.)

Alderman Ponto moved to convene into Closed Session under Section 19.85(1)(g). The motion was seconded by Alderman Garvens and carried unanimously. Recorded as a roll call. 10:15 p.m.

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

Alderman Ponto moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Shaw and carried unanimously. Recorded as a roll call. 10:27 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 Ponto moved to adjourn. The motion was seconded by Alderman Schulz and carried unanimously. 10:27 p.m.

__________________________________ Kristine A. Schmidt, City Clerk

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

REGULAR COMMON COUNCIL PAGE 9880 OCTOBER 15, 2002