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, AUGUST 19, 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, Brad Steinke, Jack Shaw, Karl Schulz, Mike Franz

ALDERMEN ABSENT & EXCUSED: Kari Clappier

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, Fire Chief John Dahms, Police Chief Dan Tushaus, Director of Human Resources Jim Zwerlein, Deputy Finance Director Therese Hrica, Assistant Chief of Police Dean Collins, Director of Facilities & Inspection Services Dean Marquardt

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 9:30 p.m. (A public hearing was heard previously relating to Georgetown Square, a development by the Mandel Group. See separate minutes.) No one spoke during the 15 minute segment set aside for the citizens to address the Council.

Recognition was given to Director of Finance Robert W. Scott and Deputy Director of Finance Therese M. Hrica for the Distinguished Budget Presentation Award by the Government Finance Officers Association.

The next Common Council meeting is scheduled for September 2, 2003.

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

Alderman Heinrich moved approval of the Regular Common Council minutes of July 15, 2003. The motion was seconded by Alderman Schulz and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

Alderman Schulz referred to the actions and recommendations of the Plan Commission as represented in the August 11, 2003, minutes (all items require Common Council approval, except items #3 and #4), including the Plan Review Board actions and recommendations of July 24, 2003. Alderman Schulz moved approval of the actions and recommendations of the Plan Commission as represented in the August 11, 2003, minutes (all items require Common Council approval, except items #3 and #4), including the Plan Review Board actions and recommendations of July 24, 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 Heinrich and carried unanimously.

Alderman Garvens moved approval of the Resolution authorizing the continued participation in the Cities and Villages Mutual Insurance Company. The motion was seconded by Alderman Wolff and carried unanimously. Resolution No. 7111-03*

Alderman Garvens moved approval of the Resolution approving budget transfer requested by the Director of Finance: $30,000 from the Contingency Appropriation account #101-910-590 to the Finance Property Tax Refund account #101-201-550-938, for purposes of funding personal property tax refund claim. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7112-03*

Alderman Garvens moved approval of the Request of the Fleet Maintenance Division to purchase a 2.5 yard wheel loader from Miller, Bradford and Reisberg for $87,470. The motion was seconded by Alderman Schulz and carried unanimously.

FINANCE/PERSONNEL COMMITTEE

Alderman Garvens moved adoption of the Ordinance amending Ordinance No. 1897, the 2003 Salary Ordinance, to incorporate the title of Police Sergeant in the management pay plan. The motion was seconded by Alderman Wolff. A roll call vote was taken and carried unanimously. Ordinance No. 1924-03*

Alderman Garvens moved approval of the Resolution maintaining salary and fringe benefit eligibility for incumbents of the title of Police Sergeant for a period to expire January 1, 2004. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7113-03*

Alderman Garvens moved adoption of the Ordinance amending Ordinance No. 1894, the 2003 Positions Ordinance Amendment, concerning the number of positions for the titles of Police Captain, Police Lieutenant, and Police Sergeant in the Police Department. The motion was seconded by Alderman Wolff. A roll vote was taken and carried unanimously. Ordinance No. 1925-03*

LEGISLATIVE & LICENSING COMMITTEE

Alderman Mahkorn moved approval of seventeen Original 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 application for Transfer of a Class B Combination Beer and Liquor License from one premises to another – from 2835 N. Brookfield Road (Sidetracks) to 14640 W. Capitol Drive ("The Bowary Sports Eatery", formerly For Pete's Sake), Mark Bowar, applicant. The motion was seconded by Alderman Shaw and carried unanimously.

No action was taken on the Temporary Class "B" Beer license to Elmbrook East 2000 & Beyond, 40th Anniversary Committee, September 13th, 12:00 noon – 4:00 p.m., at Mitchell Park.

PERSONNEL COMMITTEE

Alderman Ponto stated the following items were tabled at the Personnel Committee meeting, so no action was taken: Item #15, the Resolution approving City-wide Employee Safety Standards; Item #16, the Resolution approving the Labor Agreement between the City of Brookfield and the Wisconsin Professional Police Association (W.P.P.A.) Dispatchers and Clerical Unit, Local 315, commencing January 1, 2003, through December 31, 2005; and Item #17, the Resolution approving ICMA Retirement Corporation's Vantagecare program as the retirement health savings (RHS) program for certain City of Brookfield employees.

BOARD OF PUBLIC WORKS

Alderman Schulz moved approval of the Resolution approving the revised Intergovernmental Agreement with the State of Wisconsin Department of Transportation to complete the design, acquire right-of-way and construct the section of Greenfield Avenue from Baythorn Way to Calhoun Road. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7114-03*

Alderman Schulz moved approval of the Resolution approving the Intergovernmental Agreement with the State of Wisconsin Department of Transportation for replacing the I-94 bridge over Calhoun Road to facilitate the widening of Calhoun Road between Bluemound Road and Greenfield Avenue. The motion was seconded by Alderman Franz and carried unanimously. Resolution No. 7115-03*

Alderman Schulz moved approval of the Resolution approving the Intergovernmental Agreement and Conservation Easement with the Milwaukee Metropolitan Sewerage District for the property along Lilly Road and Oak Hill Lane (Tax Key #'s 1064.988, 1064.989, 1064.996, 1064.992, 1064.990, 1064.987.001, 1064.999, 1064.993 and 1064.994) concerning property acquisition for conservation and flood management purposes. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7116-03*

Alderman Schulz moved approval of the Resolution approving the contract with Earth Tech for the Lower Menomonee River Stormwater Management Plan cost not to exceed $92,834. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7117-03*

Alderman Schulz moved approval of the Resolution approving the recommendations in the Snow and Ice Control Study report. The motion was seconded by Alderman Franz and carried unanimously. Resolution No. 7118-03*

SEWER AND WATER BOARD

Alderman Brunner moved approval of the Resolution approving an Intermunicipal Agreement with the Village of Menomonee Falls for sanitary sewer capacity in the south portion of the Northwest Interceptor for a proposed development north of Lisbon Road west of Marcy Road. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 7119-03*

Alderman Brunner moved approval of the Resolution awarding the bid for the Endicott Park Well Project to Municipal Well & Pump for $116,699. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 7120-03*

Alderman Brunner moved approval of the Resolution to vacate Water Utility property and Water Utility egress easement for the Cardinal Crest well house and reservoir at 13122 Cardinal Crest Drive. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7121-03*

Alderman Brunner moved approval of the Resolutions to vacate Water Utility property and water main easement for the Imperial #2 well house at 4450A Coral Drive. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 7122-03* and 7125-03*

Alderman Brunner moved approval of the Resolution approving a perpetual water main easement in Wirth Park at Pilgrim Square Drive and between Fieldstone Drive and Esser Court. The motion was seconded by Alderman Shaw and carried unanimously. Resolution No. 7123*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Mayor's Appointments for the Police & Fire Commission - Edward Jurken Jr. – Five year term expiring May 1, 2008.. The motion was seconded by Alderman Wolff and carried Ayes 10, Nays 3 with Aldermen Kilkenny, Berg and Schellinger voting no.

Mayor Speaker stated that at the last appointment to the Police and Fire Commission, he heard the alderman state that they wanted more commissioners with private sector business experience. That led him to solicit a resume from Mr. Jurken. Mayor Speaker stated that he received six other resumes from various attorneys, business managers and retired people.

Mr. Jurken was a prominent member of Mayor Speaker's 2002 campaign team as well as a significant financial contributor. Mr. Jurken spent most of his career to date with Badger State Tanning Company, a business he inherited from his father. He was CEO when the company went bankrupt in 2001. These facts led Alderman Berg, Kilkenny and Schellinger to doubt whether Mr. Jurken was the best possible candidate and to take the highly unusual step of voting against the appointment.

Alderman Ponto moved approval of the Mayor's Appointments for the Economic Development Committee – Brian L. Shecterle – to fulfill the unexpired term of a member who resigned expiring January 2, 2006. 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)(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. (Discussion and possible approval of an easement agreement between the City of Brookfield and We Energies for the construction and maintenance of a gas lateral pipeline through City property located north of Capitol Drive.)

Alderman Ponto moved to convene into Closed Session under Section 19.85(1)(e). The motion was seconded by Alderman Schulz and carried unanimously. Recorded as a roll call. 10:10 p.m.

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

Alderman Kilkenny 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. 10:35 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 Shaw moved approval of the Resolution approving the agreement between the City of Brookfield and WE Energies regarding payment and reimbursement of City expenses related to the granting of two land use permits to Wisconsin Gas Company. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7124*

This was the item discussed in the preceding closed session. Brookfield's ambitious plans to create a first rate hiking and trail system throughout the city are being funded entirely by deals like this one and lease payments from cell phone towers on city land. A wonderful community feature built with zero tax dollars!

MJS - September 3, 2003 - City Grants Easement for WE Energies Pipeline

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 10:40 p.m. ___________________________________ Kristine A. Schmidt, City Clerk

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

9970 REGULAR COMMON COUNCIL AUGUST 19, 2003