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, MAY 20, 2003, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER Presiding

ALDERMEN PRESENT: Steven Ponto, Gary Mahkorn, Scott Berg, Richard Brunner, Cindy Kilkenny, Jerome Wolff, James Garvens, Brad Steinke, Jack Shaw, Mike Franz, Thomas Schellinger, Karl Schulz, Jim Heinrich

ALDERMEN ABSENT & EXCUSED: Kari Clappier

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Deputy Finance Director Therese Hrica, Director of Public Works Tom Grisa, Chief of Staff Dan Waffenschmidt, Director of Community Development Dan Ertl, Director of Parks and Recreation Bill Kolstad, Director of Facilities and Inspection Services Dean Marquardt

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:13 p.m. (Two public hearings were heard previously - Development Review Fees and Fiscal Securities, and Clarifying the Definition of Garage. See separate minutes.) No one spoke during the 15 minute segment set aside for the citizens to address the Council.

The next Common Council meeting will be held June 3, 2003.

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

Alderman Schulz moved approval of the Regular Common Council minutes of May 6, 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 Commission as represented in the May 12, 2003, minutes (all items require Common Council approval).

The first item was the request of the School District of Elmbrook, 13780 Hope St., David L. Ross, Director of Facilities Management, for approval of a conditional use for a revised plan and method of operation permitting construction of an athletic field at 3305 N. Lilly Road, i.e. Brookfield East High School. (SE 1/4 of Sec. 11)

The Plan Commission recommended approval of the conditional use for a revised plan and method of operation permitting construction of an athletic field at 3305 N. Lilly Road, i.e. Brookfield East High School, provided that compliance with the original conditional use ordinance is investigated and tournament participants are required to put up snow fences and provide portable toilets. (The School District should also remove an old fence behind the Brookfield Commons Shopping Center on Bluemound Road.)

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 to Brookfield East High School, 3305 N. Lilly Road, permitting construction of an athletic field to support its soccer program. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1913-03*

Alderman Schulz moved approval of the remaining actions and recommendations from the Plan Commission minutes of May 12, 2003. The motion was seconded by Alderman Shaw and carried unanimously.

FINANCE COMMITTEE

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 awarding the sale of $3,525,000 General Obligation Corporate Purpose Bonds; providing the form of the bonds; and levying a tax in connection therewith. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7074-03*

Alderman Garvens moved approval of the Resolution authorizing the issuance and awarding the sale of $1,300,000 General Obligation Promissory Notes; providing the form of the notes; and levying a tax in connection therewith. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7075-03*

Alderman Garvens moved approval of the Request from the Highway Department to purchase the installation package for two patrol trucks from Casper's Truck and Equipment for $85,904. The motion was seconded by Alderman Schellinger and carried unanimously.

LEGISLATIVE & LICENSING COMMITTEE

Alderman Mahkorn moved approval of three Original Bartender Licenses (see Legislative and Licensing Agenda for individual names). The motion was seconded by Alderman Steinke and carried unanimously.

Alderman Mahkorn moved approval of seven Renewal Bartender Licenses (see Legislative and Licensing Agenda for individual names). The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Mahkorn moved approval of the Renewal Wholesale Beer License: Edison Liquor, 21125 Enterprise Avenue. The motion was seconded by Alderman Franz and carried unanimously.

Alderman Mahkorn moved approval of the Renewal Class B Beer (Malt) License: Rocky Rococo Pizza & Pasta, 95 N. Moorland Road. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Mahkorn moved approval of the Renewal Class A Combination Beer (Malt) and Liquor Licenses: Pick 'N Save Warehouse Foods, 17630 W. Bluemound Rd.; Pick 'N Save, 12735 W. Capitol Dr.; Pick 'N Save, 17295 W. Capitol Dr.; Sendik's, 18985 W. Capitol Dr.; Sentry Foods, 13255 W. Hampton Ave.; Westbrook Beverage Center, 13430 W. Greenfield Avenue. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Mahkorn moved approval of the Renewal Class B Combination Beer (Malt) and Liquor Licenses: Boulder Junction, 12550 W. Burleigh Rd.; Brookfield Hills Golf Course, 16075 Pinehurst Dr.; Cali's Grille Room, 1005 S. Moorland Rd.; Chi-Chi's Mexican Restaurante, 18365 W. Bluemound Rd.; Chili's Bar & Grill, 17915 W. Bluemound Rd.; Ellen's Prestige Catering, 19805 W. Capitol Dr.; For Pete' Sake, 14640 W. Capitol Dr.; Jakes, 21445 W. Gumina Rd.; Mr. B's-A Bartolotta Steakhouse, 17700 W. Capitol Dr.; Rita Rae's, 16760 W. Greenfield Ave.; Ritter's Inn, 12525 W. North Ave.; Stick's & Stones, 2300 Pilgrim Square Dr.; T.G.I. Friday's 17430 W. Bluemound Road. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Mahkorn moved approval of the Fireworks User Permit: Westmoor Country Club, 400 S. Moorland Rd.; August 31, 2003, at 9:00 p.m. for the "Black & Blue End of Summer Bash". The motion was seconded by Alderman Shaw and carried Ayes 12, No's 1 with Alderman Schellinger voting nay.

Ald. Schellinger stated that he had received numerous calls from residents near the Westmoor Country Club stating that their lawns were littered with flaming shrapnel from the fireworks. Ald. Schellinger had personally observed this debris. Further, the neighbors had no warning or ntice of the event, which caused them great alarm when they suddenly heard explosions over their rooftops late at night. Westmoor had stated at an earlier meeting that they wanted to be good neighbors and that non-club members were welcome to watch the fireworks from their homes across the street.  The council accepted the club's assurances that these issues would be corrected at this event.

BOARD OF PUBLIC WORKS

Alderman Brunner moved approval of the Resolution awarding the bid for the Pilgrim Parkway Pathway Project No. BP-03-01 to Payne & Dolan, Inc. for $47,710.92. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7076-03*

Alderman Brunner moved approval of the Resolution awarding the bid for the Washington Drive Reconstruction Project No. R-02-07 to Musson Bros., Inc. for $225,058.55. The motion was seconded by Alderman Franz and carried unanimously. Resolution No. 7077-03*

Alderman Brunner moved approval of the Preliminary Resolution declaring intent to exercise special assessment powers under Section 66.0703, Wis. Stats.: Washington Drive Reconstruction Project #R-02-07. The motion was seconded by Alderman Kilkenny and carried unanimously. Preliminary Resolution No. 7078-03*

Alderman Brunner moved approval of the Final Resolution levying special assessments: Century Investing Property Fund, Washington Drive Reconstruction Project #R-02-07, 15740 W. Capitol Dr., TKN BRC 1020-128. (The owner signed a "Planned Development District Agreement" which contained a "Waiver of Special Assessment Notices and Hearings".) The motion was seconded by Alderman Franz and carried unanimously. Final Resolution No. 7079-03*

SEWER AND WATER BOARD

Alderman Brunner moved approval of the Resolution amending the Sewer Utility Capital Budget for the Water Pollution Control Center Roof Replacement Project No. 12141 appropriated in the amount of $110,000 from the unreserved retained earnings of the Wastewater Utility to the Wastewater Utility account #410-162-331 and award of contract to JT Roofing for the Water Pollution Control Center Roof Replacement Project. The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7080-03*

Alderman Brunner moved approval of the Preliminary Resolution declaring intent to exercise special assessment powers under Section 66.0703, Wis. Stats.: Northridge Water Main Extension Project #WM-03-02. The motion was seconded by Alderman Kilkenny and carried unanimously. Preliminary Resolution No. 7081-03*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Resolution approving a Distribution Easement (Underground Joint) between Wisconsin Electric Power Company, d/b/a WE Energies, and Wisconsin Bell, Inc., d/b/a SBC Wisconsin, and the City of Brookfield along Mound Zion Road, north of North Avenue, west of Walnut Grove Court (10 feet in width), subject to technical corrections. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 7082-03*

Alderman Ponto moved for reconsideration of the Mayor's Reappointments to the Convention and Visitors Bureau. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Ponto moved to table the Mayor's Reappointments to the Convention and Visitors Bureau. The motion was seconded by Alderman Schulz and carried unanimously.

At the previous meeting of May 6 the council had approved appointments made by the Mayor. Ald. Schellinger examined the by laws of the CVB and noted that they stated these were Council appointments, not mayoral appintments, invalidating them. This action reversed the earlier appointments and tabled the vote until the next meeting so that the Alderman could consider other candidates.

Alderman Ponto moved approval of the Proclamation recognizing the week of May 18-24, 2003, as "National Public Works Week" in the City of Brookfield. The motion was seconded by Alderman Schulz 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.

• (Tabled discussion and possible action regarding Waukesha County Circuit Court Case No. 01-CV-2388, Aegerter v. City of Brookfield;
• 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
• Discussion regarding possible litigation relating to the Capitol Heights project.)

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. 8:45 p.m.

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

Alderman Shaw moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statutes. The motion was seconded by Alderman Garvens and carried unanimously. Recorded as a roll call. 9:30 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 take off the table the discussion and possible action regarding Waukesha County Circuit Court Case No. 01-CV-2388, Aegerter v. City of Brookfield. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Ponto moved to authorize settlement of the Aegerter law suit for a payment of $22,500. The motion was seconded by Alderman Mahkorn and carried unanimously.

No action was taken on Items 26 and 27: the acquisition of land adjacent to Wirth Park (16580 Pheasant Drive) for the purpose of providing access for the Greenway Corridor Trail or on the possible litigation relating to the Capitol Heights project.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 9:32 p.m. ___________________________________ Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk's Office.

9945 REGULAR COMMON COUNCIL MAY 20, 2003