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, JULY 15, 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, Thomas Schellinger, Jim Heinrich, Kari Clappier, Brad Steinke, Jack Shaw

ALDERMEN ABSENT & EXCUSED: Karl Schulz, Mike Franz

ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Chief of Staff Dan Waffenschmidt, Director of Community Development Dan Ertl, Director of Parks and Recreation Bill Kolstad, Assistant City Attorney Karen Flaherty, Director of Facilities & Inspection Services Dean Marquardt

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:10 p.m. (A public hearing was heard previously relating to Outdoor Seating at Restaurants and related parking. 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 is scheduled for August 19, 2003.

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

Alderman Heinrich moved approval of the Regular Common Council minutes of June 17, 2003. The motion was seconded by Alderman Clappier and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

Alderman Shaw referred to the actions and recommendations of the Plan Commission as represented in the June 23, 2003, minutes (all items require Common Council approval, except items #2 and #3).

The first item was the ordinance amending Chapter 16 of the Municipal Code establishing that the Common Council approves Preliminary Plats and Preliminary Survey Maps.

The Plan Commission recommended approval of the ordinance.

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

Alderman Shaw moved adoption of the Ordinance amending Chapters 16.08.030 C. and 16.08.070 A. of the Subdivision Code, relating to Preliminary Plat and Preliminary Survey Map approvals by the Council. The motion was seconded by Alderman Mahkorn. A roll call vote was taken and carried unanimously. Ordinance No. 1920-03*

The next item was the ordinance amending Title 17 Zoning, clarifying the definition of garage.

The Plan Commission recommended approval of the staff recommendation to approve the amendment clarifying the definition of garage.

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

Alderman Shaw moved adoption of the Ordinance amending Section 17.136.050 E. of the Municipal Code relating to garages built before the adoption of the current code. The motion was seconded by Alderman Mahkorn. A roll call vote was taken and carried unanimously. Ordinance No. 1921-03*

Alderman Shaw moved approval of the balance of actions and recommendations of the Plan Commission as represented in the June 23, 2003, minutes (excluding items #2 and #3). The motion was seconded by Alderman Mahkorn and carried unanimously.

The next item were the actions and recommendations of the Plan Commission as represented in the July 7, 2003, minutes (all items require Common Council approval, except items #3 and #5) including the Plan Review Board minutes of June 19, 2003.

The first item was the request of Brookfield Academy, 3460 N. Brookfield Rd., Bob Solsrud, Head of School, for approval of a conditional use for a revised plan and method of operation permitting a 13,000 sq. ft. parking lot expansion with parking lot lighting.

The Plan Commission recommended approval of the conditional use and revised plan and method of operation as recommended by staff, at Brookfield Academy, with the condition that glare guards are installed in the new lighting and the last paragraph in the Statement of Operations letter is eliminated.

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

Alderman Shaw moved adoption of the Ordinance granting a conditional use permitting a 13,000 square foot parking lot expansion at Brookfield Academy, 3460 N. Brookfield Road. The motion was seconded by Alderman Ponto. A roll call vote was taken and carried unanimously. Ordinance No. 1922-03*

Alderman Shaw moved approval of the balance of actions and recommendations of the Plan Commission as represented in the July 7, 2003, minutes (all items require Common Council approval, except items #3 and #5), including the Plan Review Board minutes of June 19, 2003. The motion was seconded by Alderman Mahkorn 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 approving revised City financial policies regarding budget transfers and delinquent personal property taxes. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7101-03*

Alderman Garvens moved to deny the Notice of Claim: Edward Granitz. The motion was seconded by Alderman Schellinger and carried unanimously.

Alderman Garvens moved to deny the Notice of Claim: John Hartenstein. The motion was seconded by Alderman Heinrich and carried unanimously.

Alderman Garvens moved approval of the Resolution approving a refund of 2002 property taxes assessed in error (personal property accounts 7596, 7730, 7101, and 2749, and real estate tax key number 1092-062) - $8,485.29. The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 7102-03*

LEGISLATIVE & LICENSING COMMITTEE

Alderman Clappier moved approval of sixteen Original Bartender Licenses, to table one license and denial of another (see Legislative and Licensing Agenda for individual names). The motion was seconded by Alderman Shaw and carried unanimously.

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

Alderman Clappier moved adoption of the Ordinance amending Section 15.04.480 D.7. and creating Section 15.04.480 D.9. relating to the storage of recreational vehicles. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried Ayes 10, Nays 2 with Alderman Kilkenny and Wolff voting nay. Ordinance No. 1923-03*

Alderman Berg served on the task force that studied this issue. For details on what the task force found and the exact text of this ordinance, see: Recreational Vehicle (RV) Task Force

Alderman Wolff did not state any reason for his no vote.

Alderman Kilkenny stated two objections to the ordinance:

1) Alderman Kilkenny believes this is an unwelcome and unnecessary intrusion of government regulation on personal liberties. Apparently she does not believe that people who find RVs objectionable, to the point of requesting this ordinance and living in RV restricted neigborhoods, have any rights to protect.

2) Alderman Kilkenny believes this sort of restriction is best handled through deed restrictions. It was explained by staff at this meeting why deed restrictions are ineffective in this case and why the argument was rejected by the task force. For a summary of that argument, see: Recreational Vehicle (RV) Task Force

PARKS AND RECREATION COMMISSION

Alderman Schellinger moved approval of the Resolution approving an Amendment to Perpetual Nature Trail Easement between Clearwater Lake Venture, Clearwater Lake Condominium Association, Clearwater Bay Condominium Association, Inc. and the City of Brookfield for the Clearwater Lakes/Bay housing development. The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 7103-03*

Alderman Schellinger moved approval of the Resolution approving the acquisition of approximately 6.815 acres of wetlands from Brookside Baptist Church located at 4450 N. Pilgrim Road for open space preservation for $8,361.00. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 7104-03*

BOARD OF PUBLIC WORKS

Alderman Heinrich moved approval of the Resolution amending the Official Traffic Control Map to install a marked pedestrian crosswalk on Brookfield Road at Parkview Drive and a marked pedestrian crosswalk on Beverly Hills Drive at Brookfield Road. The motion was seconded by Alderman Ponto and carried unanimously. Resolution No. 7105-03*

BOARD OF PUBLIC WORKS/SEWER AND WATER BOARD

Alderman Heinrich moved approval of the Resolution approving the Dedication of Public Facilities for the Berkshire Hills #4 Subdivision. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7106-03*

SEWER AND WATER BOARD

Alderman Berg moved approval of the Final Resolutions levying water main assessments for: (a) Lloyd Bergstrom, 2720 Arbor Dr., BRC 1060-066, $8,095.00; and (b) James Zitzer, 390 N. Elm Grove Rd., BRC 1108-997, $3,475.20. The motion was seconded by Alderman Shaw and carried unanimously.

(a) Final Resolution No. 7107-03* (b) Final Resolution No. 7108-03*

Alderman Berg moved approval of the Resolution awarding the bid for the Brookfield Square Pump Station Electrical Upgrade Contract to Pieper Power for $126,776. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 7109-03*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Resolution awarding the bid for the Burleigh/Calhoun Road Storm Sewer Project No. SW-03-03 to James Cape & Sons Co. for $123,420. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7110-03*

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 Mahkorn and carried unanimously. Recorded as a roll call. 8:30 p.m.

Present during closed session were as follows: City Clerk, City Attorney, Director of Public Works, 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. 8:36 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 staff recommendation relative to the settlement of the Notice of Claim: Fleet Business Credit Corp for payment of 60% of the original claim plus statutory in trust. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Berg and carried unanimously. 8:38 p.m. ___________________________________ Kristine A. Schmidt, City Clerk

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

9964 REGULAR COMMON COUNCIL JULY 15, 2003