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 4, 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, Mike 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, Director of Public Works Tom Grisa, Director of Parks & Recreation Bill Kolstad, Director. of Facilities & Inspection Services Dean Marquardt

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:00 p.m. No one spoke during the 15 minute public speaking segment set aside for comments addressed to the Council.

The next Common Council meeting will be held March 18, 2003.

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

Alderman Heinrich moved approval of the Regular Common Council minutes of February 18, 2003. The motion was seconded by Alderman Schulz and carried unanimously.  

ACTIONS OF THE COMMON COUNCIL

FINANCE COMMITTEE - Alderman Garvens, Chairman

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

Alderman Garvens moved approval of the Request from the Water Pollution Control Center to purchase chemicals from Hydrite Chemical and Kemiron Companies for up to $83,000. The motion was seconded by Alderman Brunner and carried unanimously.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of nine original bartender's license and denial of two bartender's licenses. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Appointment of Agent for Ultra Mart Foods, d/b/a Pick 'N Save, 17295 W. Capitol Drive; Tracy Klatt, Agent. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Application for a Temporary Class B Beer and Wine License for St. Luke Congregation, 18000 W. Greenfield Avenue; Friday, March 7, 2003. The motion was seconded by Alderman Shaw and carried unanimously.

PARK & RECREATION COMMISSION - Alderman Faber, Chairman

Alderman Faber moved approval of the Resolution rejecting the bids received for the Wirth Park Skate Park Project (PR-1-03) and that the project be modified and re-bid. (2/3 vote required) The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 7034-03*

The skate park was budgeted for $250,000. The bids all came in higher than that. This rejection of the bids allows the skate park design to be modified (made smaller, features removed) and put out for bid again.

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.

(Item #9, Discussion and possible action relative to the acquisition of land adjacent to Wirth Park (16580 Pheasant Drive) for the purpose of providing access for the Greenway Corridor Trail and other park and open space purposes; and Item #10, Discussion and possible action to purchase right-of-way from 1465 N. Calhoun Road.)

Alderman Schulz moved to convene into Closed Session under Section 19.85(1)(e). The motion was seconded by Alderman Heinrich and carried unanimously. Recorded as a roll call. 8:15 p.m.

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

Alderman Ponto moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Wolff and carried unanimously. Recorded as a roll call. 9:07 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.

There was no action on Item #9, Discussion and possible action relative to the acquisition of land adjacent to Wirth Park (16580 Pheasant Drive) for the purpose of providing access for the Greenway Corridor Trail and other park and open space purposes.

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval to purchase right-of-way from the owner at 1465 N. Calhoun Road for $6,400. The motion was seconded by Alderman Berg and carried unanimously.

Sooner or later, new I-94 interchange or not, Calhoun Road will be four lanes from Blue Mound Road north to Capitol Drive. That expansion will require purchasing of land from many people. This house is up for sale anyway, so the owner was willing to sell the right of way for a reasonable price since he could pocket the money and wouldn't have to live with the road. It also helps top establish a fair market price for such a purchase.

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Mayor's Reappointments. The motion was seconded by Alderman Wolff and carried unanimously.

Board of Review Marge Engelking - Three year term expiring January 1, 2006.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 9:20 p.m. ______________________________ Kristine A. Schmidt, City Clerk

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

9917 REGULAR COMMON COUNCIL MARCH 4, 2003