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 18, 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, Director of Public Works Tom Grisa, Director. of Facilities & Inspection Services Dean Marquardt, Director of Community Development Dan Ertl, Fire Chief John Dahms, Director of Human Resources Jim Zwerlein

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:00 p.m. One person spoke about the sprinkler ordinance. He was advised of the Public Hearing on April 1, 2003

The next Common Council meeting will be held April 1, 2003.

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

Alderman Schulz moved approval of the Regular Common Council minutes of March 4, 2003. The motion was seconded by Alderman Heinrich and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

COUNCIL AS A WHOLE

Alderman Ponto moved to take Item #19 - the Mayor's Appointments - out of order and to take separate votes on each appointment. The motion was seconded by Alderman Schulz and carried unanimously.

Alderman Ponto moved approval of the Mayor's Appointment to the Parks and Recreation Commission - Michael C. Davis, to fulfill the unexpired term of a member who resigned expiring December 31, 2004. The motion was seconded by Alderman Brunner and carried unanimously.

Alderman Ponto moved approval of the Mayor's Appointment to the Police and Fire Commission - Bernard J. Tesmer, to fulfill the unexpired term of a member who resigned expiring May 1, 2005. The motion was seconded by Alderman Wolff and carried unanimously.

Alderman Ponto moved approval of the Mayor's Appointment to the Emergency Medical Services Committee - Cindy McCall, three year term expiring May 1, 2005. The motion was seconded by Alderman Garvens and carried unanimously.

All three of these appointees have excellent resumes and a willingness to serve. Brookfield is very fortunate to have such willing talent among its residents.

PLAN COMMISSION

The City Clerk referred to the actions and recommendations of the Plan Commission as represented in the March 10, 2003, Plan Commission minutes requiring Common Council approval.

The first item were the actions and recommendations from the February 20, 2003, Plan Review Board minutes.

Alderman Shaw moved approval of the actions and recommendations from the February 20, 2003, Plan Review Board minutes. The motion was seconded by Alderman Schulz and carried unanimously.

The next item was the Request of JBJ Development, c/o TDI Associates, 1285 Sunnyridge Rd., Pewaukee, WI 53072, Robert E. Williams Jr., P.E., President, to approve text amendments to Chapter 17 of the Zoning Code, more specifically, the Modified Suburban Overlay matrices contained in Ordinance No. 1692, The 1999 Capitol Drive Overlay District Area, establishing the "Development Pattern", "Use Variations", and "Special Characteristics" for Zoning Issue Area C12, or 17900 W. Capitol Drive. (SE 1/4 of Sec. 4)

The Plan Commission recommended approving the text modifications to the Modified Suburban Overlay matrices contained in Ordinance No. 1692 pursuant to enumeration contained in Exhibit A as attached to the original public hearing notice.

Alderman Shaw moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Schulz and carried Ayes 13, No's 1 with Alderman Heinrich voting no.

Alderman Schulz moved adoption of the Ordinance revising the Modified Suburban Overlay Matrices contained in Ordinance No. 1692, for the property located at 17900 W. Capitol Drive, or a proposal known as Woodberry Village. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried Ayes 13, No's 1 with Alderman Heinrich voting no. Ordinance No. 1906-03*

Alderman Heinrich believes this project, located on Capitol Drive next to Stonewood Village, is too dense, will be poorly integrated into the surrounding neighborhood and has a poor street design. Some of this is based on his experience with condominium projects in his district.

The next item was the Request of JBJ Development, c/o TDI Associates, 1285 Sunnyridge Rd., Pewaukee, WI 53072, Robert E. Williams Jr., P.E., President, for approval of a new plan and method of operation at 17900 W. Capitol Drive permitting the creation of a 12 unit development with "Residential Cluster" pattern to be known as Woodberry Village. (SE 1/4 of Sec. 4)

The Plan Commission recommended approving the new plan and method of operation permitting the construction of 12 residential dwelling units for Woodberry Village as recommended by staff.

Alderman Shaw moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Garvens and carried Ayes 13, No's 1 with Alderman Heinrich voting no.

The next item was the request of Century Investing Property Fund, c/o Anderson Ashton, Inc., S. 166th St., New Berlin, WI 53151, Brian Fisher, Project Manager, to rezone 15740 W. Capitol Drive, or Capitol Plaza, from "B-1" Local Business District with "MSO" Modified Suburban Overlay to "PDD" Planned Development District ("PDD") "General Plan". (SW 1/4 of Sec. 3)

The Plan Commission recommended approving the staff recommendation to rezone 15740 W. Capitol Drive to "PDD" Planned Development District - General Plan and to rezone the southerly 40' of Washington Drive from "R-2" Single-family Residence District to "PDD" Planned Development District-General Plan.

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

Alderman Schulz moved adoption of the Ordinance rezoning certain properties to the Planned Development District Commercial No. 7 - Capitol Plaza East and rezone the southerly 40 feet of the adjacent right-of-way of Washington Drive from R-2 Single-family Residence to "PDD" Planned Development District - General Plan located at 15740 W. Capitol Drive, with the amendment to delete "Deed Restrictions" from paragraph #8. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1907-03*

The next item was the Request of Century Investing Property Fund, c/o Anderson Ashton, Inc., S. 166th St., New Berlin, WI 53151, Brian Fisher, Project Manager, to approve a Planned Development District ("PDD") - "Specific Plan" permitting partial razing, façade alterations and new construction of a 14,407 sq. ft. freestanding commercial building located at 15740 W. Capitol Drive, or Capitol Plaza, vacation of the southerly 40' of right-of-way of Washington Drive and a conditional use permitting the construction of a co-located telecommunications facility at said address. (SW 1/4 of Sec. 3)

The Plan Commission moved approval of the staff recommendation to approve the Specific Plan for Capitol Plaza, with the following additions: eliminate the mortar and pestle from the tower windows and the box in the lower windows; vacate the southerly 40' of right-of-way of Washington Drive; and grant a conditional use permitting construction of a co-located telecommunications facility at this address.

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

Alderman Schulz moved adoption of the Ordinance approving a conditional use permitting the construction of a co-located telecommunications facility at 15740 W. Capitol Drive, a.k.a. Capitol Plaza East. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1908-03*

This project is a renovation of the shopping center on the northwest corner of Pilgrim Road and Capitol Drive, i.e. the former Kohl's supermarket. A new Walgreen's will be built, part of the old building will be torn down, and an extensive renovation throughout will take place. The neighbors north of (behind) the building were concerned about an increase in traffic, noise, etc. and substantial changes to the initial proposal were made to address those concerns.

FINANCE COMMITTEE - Alderman Garvens, Chairman

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

Alderman Garvens moved to table the Resolution transferring funds for the position of Fleet Manager from the Highway Department to the Department of Facilities and Inspection Services. The motion was seconded by Alderman Berg and carried unanimously.

Alderman Garvens moved adoption of the Ordinance amending Ordinance No. 1894 - the 2003 Positions Ordinance - to move the position of Fleet Manager from the Highway Division of the Department of Public Works to the newly created Division of Fleet Services in the Department of Facilities and Inspection Services. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1909-03*

The position of Fleet Manager was created in 2003. This position was recommended by a study performed by an independent consultant. It recognizes that the city has dozens of vehicles, ranging from police cars to snowplows to fire trucks, that must be maintained. The intent is that a manager dedicated to scheduling maintenance, managing parts inventory, etc. will make the most efficient use of city mechanics and equipment to ensure that all vehicles are in good repair.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of 12 original bartender's license and to table one bartender's license. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Application for a Fireworks User's Permit for Brookfield Soccer Association, 19485 W. Lisbon Rd., May 30, 2003. 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's Congregation, 18000 W. Greenfield Ave.; Friday, March 28, 2003. The motion was seconded by Alderman Shaw and carried unanimously.

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution approving a Sidewalk/Pathway Inspection and Repair Policy. The motion was seconded by Alderman Brunner.

Alderman Berg moved to amend the policy, under Defects or Repairs #4, to read "...(from drains towards house to drains towards structure)". The motion was seconded by Alderman Heinrich and carried unanimously.

The motion as amended carried unanimously. Resolution No. 7035-03*

This is a formal written policy directing city staff to inspect certain sidewalks on city property for cracks, broken pavement, etc., to document the inspection and to make recommendations on repair. This inspection helps to ensure the sidewalks are not safety hazards, which could result in injury claims.

Alderman Schulz moved approval of the Resolution approving an Intergovernmental Cooperation Agreement for Resurfacing Streets in the Town of Brookfield (Maple Ridge Subdivision). The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 7036-03*

This is an excellent example of how the City and Town of Brookfield have always cooperated in their mutual best interest. This agreement covers the repaving of a road split along with border between the City and Town just north of (behind) CompUSA near Blue Mound Road. Both municipalities get the benefit of economy of scale in performing the work and still control their part of the road.

Alderman Schulz moved approval of the Resolution awarding the bid for the 2003 Road Resurfacing Project No. 2003-RR-1 to Payne and Dolan, Inc. for $1,683,340.40. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7037-03*

Alderman Schulz moved approval of the Resolution awarding the bid for the Streambank Stabilization Project Kinsey Park Streambank Project #SW-03-07 to Henry R. Marohl, Inc. for $161,995.00. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7038-03*

Alderman Schulz moved approval of the Resolution approving the Temporary Limited Easement between the City of Brookfield and County of Waukesha for 0.01 acre donation for the reconstruction of the Springdale Road and Watertown Road intersection, with the amendment to remove the words "to donate" from the Resolution. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7039-03*

Alderman Schulz moved approval of the Resolution amending the Official Traffic Control Map to install "Do Not Enter Signs" on Center Street and Burlawn Parkway from Center Street. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7040-03*

SEWER AND WATER BOARD - Alderman Brunner, Chairman

Alderman Brunner moved approval of the Resolution awarding the bid for the Sanitary Sewer Cleaning & TV Inspection Project #SS-1-2003 to Green Bay Pipe & TV Contractors, LLC for $85,050.00. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7041-03*

Once again, Brookfield's sewers are televised while its Common council meetings are not. Which do YOU think deserves a bit mroe scrutiny?

Alderman Brunner moved approval of the Resolution approving the 2002 Compliance Maintenance Annual Report. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7042-03*

Alderman Brunner moved approval of the Preliminary Resolutions declaring intent to exercise special assessment powers under Section 66.0703, Wis. Stats.: (a) Lilly Road Water Main, North Avenue to Burleigh Road, Project #WM-02-05; and (b) Sheraton Park Water Main Project #WM-03-03. The motion was seconded by Alderman Franz and carried unanimously.

(a) Resolution No. 7043-03* (b) Resolution No. 7044-03*

COUNCIL AS A WHOLE

The Mayor's Appointments were acted on previously.

Item #20, the discussion and possible action on approvals by the Common Council on Plan Commission actions, was deferred to the April 1, 2003, meeting.

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)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility; and

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.

Alderman Ponto moved to convene into Closed Session under Section 19.85(1)(c) and (e). The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call. 9:25 p.m.

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

Alderman Garvens moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Mahkorn and carried unanimously. Recorded as a roll call. 9:40 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 approval of the amendment to an Agreement between Gerald Keuper and the City of Brookfield. The motion was seconded by Alderman Mahkorn and carried unanimously.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 9:43 p.m. ___________________________ Kristine A. Schmidt, City Clerk

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

9920 REGULAR COMMON COUNCIL MARCH 182003