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, APRIL 15, 2003, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding

ALDERMEN PRESENT: 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, Thomas Schellinger

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 Community Development Dan Ertl, Chief of Staff Dan Waffenschmidt, City Engineer Jeff Chase, Director of Information Services Fred Miller, Police Chief Dan Tushaus, Director of Parks & Recreation Bill Kolstad, Planning Administrator Mike Theis, Recreation Supervisor John Kelliher, Director of Services Police Dept. Joe Amodeo, City Counsel Vince Moschella, City Assessor Bob Lorier

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 7:45 p.m. No one spoke during the 15 minute segment set aside for the citizens to address the Council.

Municipal Judge Richard Steinberg administered the Oath of Office to Cindy Kilkenny as 2nd District Alderperson, elected on April 1, 2003.

Ald. Kilkenny had been appointed to fill the vacancy left by Dan Waffenschmidt when he took the city's Chief of Staff position. Her term ends in April, 2006.

The next Common Council meeting will be held May 6, 2003.

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

Alderman Schulz moved approval of the Regular Common Council minutes of April 1, 2003. The motion was seconded by Alderman Shaw and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The City Clerk referred to the actions and recommendations of the Plan Review Board as represented in the March 20, 2003, minutes (all items require Common Council approval).

Alderman Schulz moved approval of the actions and recommendations of the Plan Review Board as represented in the March 20, 2003, minutes. The motion was seconded by Alderman Shaw. Alderman Berg moved to separate for special consideration Item #4 - the request of Wisconsin Web Offset, LLC, 21045 Enterprise Ave., Brookfield, WI 53045, Mark Peterson, Production Manager, for approval of a revised plan and method of operation permitting replacement of a rooftop incinerator with a ground mounted incinerator with masonry enclosure. The motion was seconded by Alderman Heinrich and carried unanimously. (SE 1/4 of Sec. 19)

The Plan Review Board recommended approval of the revised plan and method of operation as recommended by staff, with the inclusion of the following stipulations: take the applicant's 'word' that they're going to clean up the mess and all the other outside storage and do their best at the palate situation, with the knowledge that they would be leaning towards that as soon as the applicant can do an expansion. We will take their 'word' that the applicant will clean up all the other outside storage material. We will be silent on the palate situation, but the applicant needs to paint the building and work with staff on the color, clean up of all other site debris, and not intrude into the easement.

Alderman Berg moved to amend the Plan Review Board and Plan Commission motions for Item #4 to require the applicant to finish painting the building by October 15, 2003. The motion was seconded by Alderman Heinrich and failed Ayes 5, No's 9 with Aldermen Brunner, Berg, Heinrich, Clappier and Schellinger voting Aye.

The basic argument made by the applicant, Wisconsin Web Offset, was that business was bad and that they couldn't afford the $22,000 or so to paint their building. Read the article on them at the link below. They seem to be able to scrounge up the $2.5 million to buy their building from the leaseholder and purchase two new presses as part of a company expansion.

Mayor Speaker supported this action as chairman of the Plan Commission and at the Council meeting. He specifically stated that the cost of painting the building could force a layoff of multiple employees of the applicant. It is unclear how many of the employees of Wisconsin Web Offset actually live in Brookfield. The owners of the company live in the Green Bay area.

Alderman Berg believes this is a terrible precedent. As the Plan Commission meetings and minutes clearly show, the building in question has peeling paint, discarded palattes strewn about and was generally not up to Brookfield standards for appearance. Requiring correction of those deficiencies as a condition of getting the permit requested to install a new incinerator is a standard way that the city gets a business to correct problems without having to prosecute building code violations. In the opinion of Ald. Berg, this is not "business friendly" but rather is an invitation for every business (including apartments, stores, etc.) in Brookfield to save money by not painting, mowing the lawn or anything else just by claiming that they will lay off someone, regardless of their actual financial circumstances.

MJS - May 9, 2003 - Brookfield Printer Buys Building, Will Add Presses

The original motion to approve the actions and recommendations of the Plan Review Board as represented in the March 20, 2003, minutes carried unanimously.

The City Clerk referred to the actions and recommendations of the Plan Commission as represented in the April 7, 2003, minutes (all items require Common Council approval except Items 4, 6, 7 and 8).

Alderman Schulz moved approval of the actions and recommendations of the Plan Commission as represented in the April 7, 2003, minutes (all items require Common Council approval except Items 4, 6, 7 and 8). The motion was seconded by Alderman Shaw.

Alderman Heinrich moved to separate Item #5 for special consideration - the request of Thomson Corporation, 12760 W. North Ave., for approval of the final plat, development agreement and deed restrictions for Hawks Pointe, a 58 lot single-family subdivision located north of the termini of Hawks Ridge Road and Talon Trail and west of the terminus of Robinwood Street. The motion was seconded by Alderman Brunner and carried unanimously.

The Plan Commission recommended approval of the staff recommendation to approve the final plat, development agreement, and deed restrictions for Hawk's Pointe subject to the conditions outlined in the staff report.

Alderman Schulz moved approval of Plan Commission recommendation. The motion was seconded by Alderman Heinrich.

Alderman Heinrich moved to amend the motion to approve the development agreement and deed restrictions as proposed and to approve the final plat with a revision showing Robinwood Street ending in a cul-de-sac and depicting subdivision lots as shown on the original preliminary plat submitted by the development, provided the developer agrees that with these revisions the final plat would remain in substantial conformance with the preliminary plat approved by the Plan Commission. The motion was seconded by Alderman Clappier and carried Ayes 9, No's 5 with Aldermen Garvens, Shaw, Schulz, Mahkorn and Franz voting no.

The motion as amended carried unanimously. The developer and the City agree that the final plat is still in substantial conformance with the preliminary plat with the revision approved this evening.

The amendment was truly exceptional. This road had been approved by the Plan Commission and the Council learned that it had no legal right to reverse that decision. Diligent research by Ald. Heinrich and Clappier revealed a loophole in the language of the Plan Commission decision which was exploited here. Sometimes even the alderman have to fight city hall.

Alderman Schulz moved approval of the remaining actions and recommendations of the Plan Commission as represented in the April 7, 2003, minutes (all items require Common Council approval except Items 4, 6, 7 and 8). The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Schulz moved approval of the Assignment (Amendment) of Development Agreement for The Haven Subdivision. The motion was seconded by Alderman Shaw 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 unanimously.

Alderman Garvens moved approval of the Resolution approving amendments to the 2003 capital improvements fund budget requested by the Director of Finance. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7051-03*

Alderman Garvens moved approval of the Resolution approving amendments to the 2002 and 2001 capital improvement fund budgets requested by the Director of Finance. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 7052-03*

Alderman Garvens moved approval of the Resolution approving amendments to the 2003 Debt Service Fund budget, requested by the Director of Finance: increase transfer from capital projects fund, revenue account #103-000-475 by $50,000, and increase expenditure account #103-909-583 Interest of Bonds, and #103-909-584 Interest on Notes, by a total of $50,000. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7053-03*

Alderman Garvens moved approval of the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $850,000: storm sewerage improvements. The motion was seconded by Alderman Heinrich and carried unanimously. Recorded as a roll call. Initial Resolution No. 7054-03*

Alderman Garvens moved approval of the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $975,000: street improvements. The motion was seconded by Alderman Heinrich and carried unanimously. Recorded as a roll call. Initial Resolution No. 7055-03*

Alderman Garvens moved approval of the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $1,700,000: water utility improvements. The motion was seconded by Alderman Schellinger and carried unanimously. Recorded as a roll call. Initial Resolution No. 7056-03*

Alderman Garvens moved approval of the Resolution approving public depositories for the City of Brookfield. The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 7050-03*

Alderman Garvens moved approval of the Resolution approving authorized broker/dealers for City of Brookfield investments. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7057-03*

Alderman Garvens moved approval of the request from Public Safety Dispatch Team to purchase Police and Fire records management software from Spillman Technologies, Inc. and Visionary Systems, Ltd. via cooperative purchase through Waukesha County for a total estimated cost of $100,000. The motion was seconded by Alderman Berg and carried unanimously.

Alderman Garvens moved approval of the Resolution approving the Agreement from Coca-Cola Bottling Company of Wisconsin for the placement of vending machines in selected City parks and utilizing the "sponsorship fees" and other related revenues specified in the agreement for the construction and ongoing maintenance and improvements of the Wirth Park Skate Park and other park facilities projects. The motion was seconded by Alderman Schulz and carried Ayes 11, No's 3 with Aldermen Shaw, Heinrich and Steinke voting no. Resolution No. 7058-03*

The installation of soda machines in certain city parks is a new step for Brookfield. On the positive side, it raises money to operate the parks and provides a convenience not now available to park visitors. On the negative side it adds a profit driven commercialization of what is supposed to be a pleasant experience in a natural setting. Ald. Shaw questioned whether the agreement provided the maximum amount of revenue.

Alderman Garvens moved approval of the request from Parks and Recreation to purchase and install playground equipment at Mitchell Park for $65,000. The motion was seconded by Alderman Schulz and carried unanimously.

LEGISLATIVE AND LICENSING COMMITTEE - Alderman Clappier, Chairman

Alderman Clappier moved approval of five original bartender's licenses. The motion was seconded by Alderman Mahkorn and carried unanimously.

Alderman Clappier moved approval of the Original Class B Combination Beer and Liquor License to Aimbridge Concessions, Inc., d/b/a Wyndham Brookfield (new owner), 18155 W. Bluemound Road; Agent: Steven D. Ninham. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Temporary Class B Beer and Wine license to St. Dominic's Church, July 11-13, 2003; Friday and Saturday, 6:00 - 11:30 p.m.; and Sunday, Noon - 7 p.m., for the annual festival in the church parking lot. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved adoption of the Ordinance granting the City Clerk the authority to grant a Temporary Class "B" Beer and Temporary "Class B" Wine licenses under the authority of the Common Council. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1911-03*

PARKS AND RECREATION COMMISSION - Alderman Franz, Chairman

Alderman Franz moved approval of the Resolution relative to the award of contract for the Wirth Park Skate Park Project #PR-01-03 to Platt Construction, Inc. for $201,769.00. The motion was seconded by Alderman Shaw.

Alderman Shaw moved to amend the Resolution to reflect that only "a bid" was received for the project (paragraph one). The motion was seconded by Alderman Mahkorn and carried unanimously.

The motion was amended carried Ayes 13, No's 1 with Alderman Steinke voting no. Resolution No. 7059-03*

BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved approval of the Resolution approving the Quit Claim Deeds on 2345 Lilly Road (TKN BRC 1064.988) and vacant parcel (TKN BRC 1064-987-001) to be deed restricted as open space to construct the Underwood Creek Flood Storage Expansion Project. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7060-03*

Alderman Schulz moved approval of the Resolution awarding the bid for the Public Works Fueling System Removal & New Construction Project No. PW-03-02 to Badger Oil Equipment Co. for $117,107.90. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7061-03*

Alderman Schulz moved approval of the Resolution awarding the bid for the 2003 Curb and Gutter and Inlet Repair Project No. 2003-CG-1 to Capitol Pavers, Inc. for $212,437.50. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7062-03*

Alderman Schulz moved approval of the Resolution awarding the bid for the 2003 Epoxy Pavement Marking Project #2003-PM-1A to Century Fence Company for $57,975.00. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7063-03*

Alderman Schulz moved approval of the Resolution awarding the bid for the 2003 Pavement Marking Project No. 2003-PM-1B to Guide Lines Pavement Parking LLC for $12,000.00. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7064-03*

Alderman Schulz moved approval of the Resolution approving a Professional Services Design Contract to Kapur and Associates, Inc. to perform engineering and related services for the Calhoun Road Reconstruction Project from Gebhardt Road to Wisconsin Avenue, including right-of-way acquisition services for $326,045. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 7065-03*

SEWER AND WATER BOARD - Alderman Brunner, Chairman

Alderman Brunner moved approval of the Final Resolution levying special assessments against: Davidson Road Sanitary Sewer, 19825 Davidson Road, TKN #BRC 1135-999-001, Kenneth E. Paulsen (owner), $2,769.46. The motion was seconded by Alderman Schellinger and carried unanimously. Final Resolution No. 7066-03*

Alderman Brunner moved approval of the Resolution awarding the bid for the Cardinal Crest Reservoir & Pump Station Demolition Project #W-04-03 to Badger Wrecking, Inc. for $9,480.00. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7067-03*

Alderman Brunner moved approval of the Resolution awarding the bid for the Lilly Road (North Avenue to Burleigh Road) and Sheraton Park Water Main Project #W-03-01 & W-03-03 to Underground Pipeline, Inc. for $742,175.25. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7068-03*

Alderman Brunner moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments: Lilly Road (North Avenue to Burleigh Road) Water Main Project #W-03-01. The motion was seconded by Alderman Kilkenny and carried unanimously. Final Resolution No. 7069-03*

Alderman Brunner moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments: Sheraton Park Water Main Project #W-03-03. The motion was seconded by Alderman Schellinger and carried unanimously. Final Resolution No. 7070-03*

COUNCIL AS A WHOLE  

Alderman Ponto moved approval of the Resolution appointing Dianne Horlamus, Karie Elliot, and Tanya Kusik of the Elm-Brook Humane Society as Humane Officers of the City of Brookfield for one year. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7071-03*

Alderman Ponto moved approval of the Mayor's Reappointments. The motion was seconded by Alderman Shaw and carried Ayes 12, No's 2 with Aldermen Schellinger and Kilkenny voting no.

Plan Commission Alderman Karl Schulz - One year term expiring April 15, 2004.

Alderman Ponto moved approval of the Council President's Reappointments. The motion was seconded by Alderman Steinke and carried Ayes 13, No's 1 with Alderman Kilkenny voting no.

Plan Commission Alderman Jack Shaw - One year term expiring April 15, 2004. Alderman Gary Mahkorn - One year term expiring April 15, 2004.

Alderman Ponto moved approval of the Proclamation proclaiming May 7, 2003, as "Arbor Day Celebration". The motion was seconded by Alderman Shaw and carried unanimously.

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 the Notice of Claim: Fleet Business Credit Corp.)

Alderman Ponto moved to convene into Closed Session under Section 19.85(1)(g). The motion was seconded by Alderman Schulz and carried unanimously. Recorded as a roll call. 9:35 p.m.

Present during closed session were as follows: City Clerk, City Attorney, Director of Public Works, Counsel Vince Moschella, Assessor, 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 Shaw and carried unanimously. Recorded as a roll call. 10:07 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.

Alderman Ponto moved to deny the Notice of Claim: Fleet Business Credit Corp. The motion was seconded by Alderman Brunner and carried unanimously.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Schulz and carried unanimously. 10:08 p.m. ___________________________ Kristine A. Schmidt, City Clerk

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

9936 REGULAR COMMON COUNCIL APRIL 15, 2003