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, JANUARY 21, 2003, 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, Scott Berg, Richard Brunner, Jim Heinrich, Cindy Kilkenny, Karl Schulz, Jerome Wolff, James Garvens, Brad Steinke, Jack Shaw, Michael Franz

ALDERMEN ABSENT & EXCUSED: None  

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Finance Robert Scott, Chief of Staff Dan Waffenschmidt, Fire Chief John Dahms, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Economic Development Coordinator Pat Drinan, Police Chief Dan Tushaus, Director of Human Resources Jim Zwerlein, Director of Facilities and Inspection Services Dean Marquardt, Parks & Forestry Superintendent Gary Majeski

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 7:45 p.m. Four people spoke during the segment set aside for the public to address the Council, concerning the connection to Robinwood Street for the proposed preliminary plat of Hawks Pointe Subdivision.

A Fourth Quarter 2002 Featured Business Award presentation was made by Mayor Speaker, Economic Development Coordinator, and Alderman Garvens to Edward Smith, Vice President of Operations of Pentair Water Treatment-Brookfield Operations, located at 20580 Enterprise Avenue.

Recognition was given to Police Chief Dan Tushaus, Community Services Officer Denise Carroll, City Assessor Robert Lorier, Water Utility Supervisor William Carnell, Library Technician Jean Reinemann, Lieutenant Kim McDonald, Equipment Operator/Laborer Henry Golner, and Equipment Operator/Laborer Alan Roemer for 25 years of service to the City of Brookfield.

The next Common Council meeting will be held February 4, 2003.

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

Alderman Schulz moved approval of the Regular Common Council minutes of January 7, 2003. 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 January 13, 2003, Plan Commission minutes, including the Plan Review Board minutes of December 19, 2002.

The first item was to amend (resolution) the street layout recommendations established in the Calhoun Road South Neighborhood Plan for a portion of the Endicott Neighborhood.

The Plan Commission recommended approving Amendment #2 to allow a street connection between the new subdivision, Hawk's Pointe, and lands to the east via Robinwood Street. (Mayor Speaker voted Nay.)

Alderman Shaw moved to receive the Plan Commission recommendation. The motion was seconded by Alderman Ponto and carried Ayes 11, No's 3 with Aldermen Brunner, Heinrich and Schellinger voting no.

The Council directed staff to explore the Common Council's relationship to approve recommendations and actions of the Plan Commission, particularly as it relates to oversight.

MJS - January 22, 2003 - Brookfield alderman don't have last say on master plan

MJS - January 26, 2003 - Political cartoon commenting on revelation about powers of the Brookfield Plan Commission

Alderman Shaw moved to refer back to the Plan Commission the Resolution amending Res. #6771, Calhoun Road South Neighborhood Plan-District "K" (Weston Partners Property) or to connect the proposed street network of District K with the existing public street network located east of District K, or namely "Robinwood Street". The motion was seconded by Alderman Berg and carried Ayes 11, No's 3 with Aldermen Garvens, Schellinger and Schulz voting no.

The next item was the request of Todd Harmon, 1225 N. Barker Rd., to approve rezoning a portion of said address from "C" Conservancy District and "UP" Upland Preservation Overlay District to "UC" Upland Conservancy District and approve a Certified Survey Map. No new lots will be created.

The Plan Commission recommended to approve rezoning the portion of the site corresponding with the boundary of Lot 1 from "C" Conservancy with "UP" Upland Preservation to "UC" Upland Conservancy as well as approval of the Certified Survey Map creating said lot as recommended by the Planning Staff, with the following provisions regarding closure of the driveway access from Barker Road: (1) If Waukesha County decides to improve the road they may close the driveway if they wish; (2) If the City buys the outlot containing the wetlands; and (3) If the Fire Departments from the Town and the City of Brookfield are consolidated.

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

Alderman Schulz moved adoption of the Ordinance rezoning 1225 N. Barker Road from "C" Conservancy District and "UP" Upland Preservation Overlay District to "UC" Upland Conservancy District (Todd Harmon). The motion was seconded by Alderman Heinrich. A roll call vote was taken and carried unanimously. Ordinance No. 1901*

Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the January 13, 2003, Plan Commission minutes, including the Plan Review Board minutes of December 19, 2002. The motion was seconded by Alderman Heinrich 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 Ayes 13, No's 1 with Alderman Brunner voting no.

Alderman Garvens moved approval of Item #6, the Resolution approving 2002 wastewater utility and debt service funds budget amendments requested by the Director of Finance: increase wastewater utility payment to City, account #401-450-846-000 by $1,775,000; and debt service fund transfers from other funds, account #103-000-467-000 by $1,775,000; and Item #7, Resolution approving 2003 debt service fund budget amendment, requested by the Director of Finance, to appropriate funds for payment of unfunded accrued actuarial liability to the Wisconsin Retirement System totaling $1,774,458. The motion was seconded by Alderman Wolff and carried Ayes 12, No's 2 with Aldermen Brunner and Kilkenny voting no.

Item #6 - Resolution No. 7020* Item #7 - Resolution No. 7021*

The state changed the pension plan for municipal employees in 1989, significantly increasing benefits. This resulted in a huge charge for people already in the plans as well as an increased charge going forward. The state allowed cities to pay the debt back, but charged 8% interest. Brookfield owed $1.8 million. The Brookfield sewer utility is run like a business and has been accumulating money ("profits") for decades, about $14 million now. This transfer took that money from the sewer utility and paid the pension debt. The sewer utility has plenty of money left in reserves and a high cost debt is gone.

Alderman Berg considered this a real "hold your nose and vote yes" issue. The sewer utility is supposed to be a stand alone business that pays its own way and no one else's. However, out of the approximately 14,000 houses in Brookfield, only 12 do not have city sewer. Thus, the sewer utility customers and the property tax payers are essentially the same people. This transfer paid off a (relatively speaking) high interest debt with money from the same people who would have to pay that debt anyway. Alderman Brunner and Kilkenny believed the independence of the utility should be preserved.

MJS - January 21, 2003 - Utility cash used toward pension debt

Alderman Garvens moved approval of the Resolution rescinding property taxes assessed against personal property tax key numbers 7774 and 7783. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 7022*

Alderman Garvens moved approval of the Request from the Water Utility to purchase water meters from Badger Meter, Inc. for up to $170,000. The motion was seconded by Alderman Schellinger and carried Ayes 13, No's 1 with Alderman Kilkenny voting no.

Every water meter in the city gets replaced every 10 years. The meters are purchased and installed by the utility, then billed back to all customers as part of the water bill. Thus, every tenth year you get the meter you already paid for.

The minutes are incorrect in that Alderman Kilkenny did not vote no, she abstained. Alderman Kilkenny owns stock in Badger Meter and believed this would be a conflict of interest.

Alderman Garvens moved approval of the Request from the Highway Department to purchase road salt for snow/ice control from North American Salt Company for $110,770. The motion was seconded by Alderman Brunner and carried unanimously.

This salt will be stored in a new storage dome atthe public works garage. This increase in capacity makes it possible to get large volume buys when the market is right and store it, possibly for years, until it is needed.

Alderman Garvens moved approval of the Resolution approving the Agreement for Records Management-Phase Two, between Precision Organizing and Records Management and the City of Brookfield for $29,880. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 7023*

Alderman Garvens moved approval of Item #12, the Resolution approving 2001 and 2002 capital improvement fund budget amendments, requested by the Director of Finance, adjusting stormwater, street improvements, park improvements and developer projects accounts; and Item #13, the Resolution approving 2002 special revenue fund budget amendments, requested by the Director of Finance, adjusting transfers to capital projects funds. The motion was seconded by Alderman Heinrich and carried unanimously.

Item #12 - Resolution No. 7024* Item #13 - Resolution No. 7025*

FORESTATION COMMITTEE - Alderman Mahkorn, Chairman

Alderman Mahkorn moved approval of the Resolution authorizing continued City participation in the 2003 Gypsy Moth Suppression Program administered by the Wisconsin DNR, and allocation of funding in an amount not to exceed $5,000 from the Forestation Account as the City's cost share of the program. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7026*

MJS - January 23, 2003 - Brookfield to spray gypsy moth 'hot spots'

MJS - January 27, 2003 - Lisbon to spray for gypsy moths

MJS - January 14, 2003 - Officials plan to spray to control gypsy moths - Aerial sweep will begin in the spring in Hartland, Delafield and Chenequa

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of 6 original bartender's licenses and denial of one license. The motion was seconded by Alderman Garvens and carried unanimously.

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved to the end of the agenda the Discussion and possible action relative to purchase of property located at 2480 El Rancho Drive and 2485 Lilly Road. The motion was seconded by Alderman Kilkenny and carried unanimously.

Alderman Schulz moved approval of the Resolution approving the Quit Claim Deed or a dedication of right-of-way along North Avenue and Lilly Road that will be constructed into a detention pond. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7027*

Alderman Schulz moved adoption of the Ordinance amending Chapter 14 of the Municipal Code incorporating the MMSD rules on surface water and storm water management. The motion was seconded by Alderman Heinrich. A roll call vote was taken and carried unanimously. Ordinance No. 1902*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Resolutions commending the following employees for 25 years of service to the City of Brookfield. The motion was seconded by Alderman Schulz and carried unanimously.

a. Police Chief Dan Tushaus - Resolution No. 7012*

b. Community Services Officer Denise Carroll - Resolution No. 7013*

c. City Assessor Robert Lorier - Resolution No. 7014*

d. Water Utility Supervisor William Carnell - Resolution No. 7015*

e. Library Technician Jean Reinemann - Resolution No. 7016*

f. Lieutenant Kim McDonald - Resolution No. 7017*

g. Equipment Operator/Laborer Henry Golner - Resolution No. 7018*

h. Equipment Operator/Laborer Alan Roemer - Resolution No. 7019*

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)(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 (Discussion and possible action relative to purchase of property located at 2480 El Rancho Drive and 2485 Lilly Road); 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. (Discussion and possible action on request for payment of legal fees by Officer Prusak.)

Alderman Ponto moved to convene into Closed Session under Section 19.85(1)(e) and (g). The motion was seconded by Alderman Schulz and carried unanimously. Recorded as a roll call. 9:40 p.m.

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

Alderman Schulz moved to reconvene into Open Session under Section 19.85(2) Wis. Statutes. The motion was seconded by Alderman Ponto and carried unanimously. Recorded as a roll call. 10:00 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 authorize City staff and officials to execute an offer to purchase the properties located at 2485 Lilly Road and 2480 El Rancho Drive for $164,500 and to further execute any documents necessary to complete said purchase. The motion was seconded by Alderman Heinrich and carried unanimously.

No action was taken on the request for payment of legal fees by Officer Prusak.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Schulz and carried unanimously. 10:03 p.m.

______________________________ Kristine A. Schmidt, City Clerk

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

9905 REGULAR COMMON COUNCIL JANUARY 21, 2003