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, FEBRUARY 17, 2004, 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, Cindy Kilkenny, Jack Shaw, Karl Schulz, Kari Clappier, Brad Steinke, Mike Franz, Thomas Schellinger, Jim Garvens, Jim Heinrich, Jerome Wolff

ALDERMEN ABSENT & EXCUSED: Richard Brunner

ALSO PRESENT: Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Interim Chief of Staff/Director of Facilities & Inspection Services Dean Marquardt, Director of Finance Robert Scott, City Attorney Sue Schalig, Attorney Vince Moschella

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 7:45 p.m. Four people spoke from the audience during the 15 minute segment set aside for the citizens to address the Council regarding the proposed Shire subdivision and the Superfund site, the proposed Deer Creek retail development at the corner of Greenfield Avenue and Calhoun Road, and the possible referendum on burning.

The next Common Council meeting is scheduled for March 2, 2004.

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

Alderman Shaw moved approval of the Regular Common Council meeting minutes of February 3, 2004. The motion was seconded and carried unanimously.

Alderman Shaw moved approval of the Committee of the Whole meeting minutes of January 20, 2004. The motion was seconded and carried unanimously.

ACTIONS OF THE COMMON COUNCIL
 

PLAN COMMISSION

Attorney Vince Moschella (acting in the absence of the City Clerk due to the Presidential Primary Election) referred to the actions and recommendations of the Plan Commission as represented in the February 9, 2004, minutes (all items require Common Council approval except item #5), including the Plan Review Board actions and recommendations of January 22, 2004.

The first item was the Request of Immanuel Lutheran Church, School and Child Care, 13445 W. Hampton Rd., Daniel S. Schneider, Pastor, for approval of a conditional use and revised plan and method of operation permitting an increase in day care attendance from 30 to 75 students and relocation of a fenced outdoor activity area. (NW 1/4 of Sec. 1)

The Plan Review Board recommended approval of the revised plan and method of operation permitting relocation of the daycare facility to the old gymnasium and relocation of the fenced outdoor activity area subject to the applicant demonstrating for a period of 21 days, that the traffic queue plan is successful.

Alderman Schulz moved approval of the Plan Review Board recommendation. The motion was seconded and carried unanimously.

Alderman Schulz moved adoption of the Ordinance granting approval for a conditional use to permit an increase in daycare attendance from 30 to 75 students at Immanuel Lutheran Church, School and Child Care, 13445 W. Hampton Road. The motion was seconded. A roll call vote was taken and carried unanimously. Ordinance No. 1950-04*

Alderman Franz moved for special consideration of Item #3 from the Plan Commission minutes, Request of JBK Properties, Inc., Attn: John Kuhn, 7040 N. Port Washington Rd., Suite 420, Glendale, WI 53217, for general plan review and request for a public hearing to rezone 17100 W. Greenfield Avenue, Brookfield, WI 53005, from "B-1" Local Business to "PDD" Planned Development District – Commercial, for the future permission to construct approximately 36,900 square feet of retail space for the proposed "Deer Creek Plaza" development. The motion was seconded and carried unanimously.

The Plan Commission recommended approval of the staff recommendation to approve the General Plan and the request for a public hearing to rezone the property to a "PDD", and that the phrase "working with staff" should be included in condition #4 regarding design of the buffer zone.

Alderman Schulz moved approval of the Plan Commission recommendation. The motion was seconded and carried Ayes 8, Nays 5 with Alderman Kilkenny, Wolff, Clappier, Schellinger and Franz voting nay.

Alderman Schulz moved approval of the balance of actions and recommendations of the Plan Commission as represented in the February 9, 2004, minutes (all items require Common Council approval except item #5), including the Plan Review Board actions and recommendations of January 22, 2004. The motion was seconded and carried unanimously.

FINANCE COMMITTEE
 

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

Alderman Garvens moved approval of the Resolution approving membership in the Wisconsin Local Government Telecommunications Coalition. The motion was seconded and carried Ayes 12, Nays 1 with Alderman Schellinger voting nay. Resolution No. 7182-04*

Alderman Garvens moved approval of the Resolution approving General Fund budget transfers requested by the Director of Finance to implement the provisions of the 2004 salary ordinance, adjust budgeted 2004 health insurance costs, and provide funding for retirement health savings plan contributions. The motion was seconded and carried Ayes 12, Nays 1 with Alderman Berg voting nay. Resolution No. 7183-04*

November 18, 2003 – Passed 2004 budget, passed 2004 tax levy

Alderman Garvens moved approval of the Resolution approving sewer and water fund budget amendments requested by the Director of Finance to implement the provisions of the 2004 salary ordinance, adjust budgeted 2004 health insurance costs, and provide funding for retirement health savings plan contributions. The motion was seconded and carried unanimously. Resolution No. 7184-04*

Alderman Garvens moved approval of the Resolution approving City financial policy regarding operating budgets. The motion was seconded and carried unanimously. Resolution No. 7185-04*

LEGISLATIVE & LICENSING COMMITTEE
 

Alderman Clappier moved approval of six original Bartender Licenses (see Legislative and Licensing Agenda for names) and tabled one bartender license. The motion was seconded and carried unanimously.

Alderman Clappier moved approval of the Change of Agent for Mega Marts, Inc., d/b/a Pick 'N Save, #6373, 2205 N. Calhoun Rd., Ellen J. Bruce – Agent. The motion was seconded and carried unanimously.

Alderman Clappier moved approval of the Application for an Original Class B Beer and Class C Wine license to Saffron Indian Bistro, LLC; d/b/a Saffron Indian Bistro, LLC; d/b/a Saffron Indian Bistro, 17395 D-1 W. Bluemound Rd., Vijay A. Sadhu – Agent. The motion was seconded and carried unanimously.

SEWER AND WATER BOARD
 

Alderman Berg moved approval of the Resolution vacating the Sanitary Sewer Easement between Walgreens (Greenfield Avenue and Moorland Road) and the City of Brookfield. The motion was seconded and carried unanimously. Resolution No. 7186-04*

Alderman Berg moved approval of the Resolutions approving Perpetual Water Main Easements between the City of Brookfield and the following locations: (a) Walgreens on Moorland Road and Greenfield Avenue (Parcel 1, CSM 8618); (b) Brookfield Hills Golf Course (Parcel 1, CSM 8970); and (c) Shops at Brookfield Commons property (proposed Lot 1, Tax Key #1111-985), Integrity Development Partners. The motion was seconded and carried unanimously.

(a) Resolution No. 7187-04*

(b) Resolution No. 7188-04*

(c) Resolution No. 7189-04*

Alderman Berg moved approval of the Preliminary Resolution declaring intent to exercise special assessment powers under Section 66.0703, Wis. Stats. – Pilgrim Meadows/Sky Cliff/Ridge Lane Water Main Project #W-04-01. The motion was seconded and carried unanimously. Preliminary Resolution No. 7190-04*

Alderman Berg moved approval of the Final Resolution declaring intent to exercise special assessment powers under Section 66.0703, Wis. Stats. – North Avenue Water Main, Pilgrim Square Drive to N. 128th street, Project #WM-02-01, Grove Condominiums. The motion was seconded and carried unanimously. Final Resolution No. 7191-04*

COUNCIL AS A WHOLE
 

Pursuant to State Statute 9.20 on a petition received from citizens relative to open burning, the Council could choose either item (a) or (b):
 

(a) Ordinance to repeal Ordinance 1940-03 which would allow Charter Ordinance #5, which is currently codified in Chapter 8.36, to stand; or

(b) Resolution to submit question to the voters in a referendum at the April 6, 2004, General Election. Question to read as follows:

Shall the City Ordinance 1940-03 (which repeals the Original Charter Ordinance #5, Chapter 8.36 of the Municipal Code and creates a new Ordinance as related to open burning) be repealed in its entirety, and the Original Charter Ordinance #5 as codified in Chapter 8.36 be reinstated in its entirety?

Alderman Ponto moved approval of Option (b), the Resolution to submit question to the voters in a referendum at the April 6, 2004, General Election. Question to read as follows: Shall the City Ordinance 1940-03 (which repeals the Original Charter Ordinance #5, Chapter 8.36 of the Municipal Code and creates a new Ordinance as related to open burning) be repealed in its entirety, and the Original Charter Ordinance #5 as codified in Chapter 8.36 be reinstated in its entirety? The motion was seconded and carried unanimously. Resolution No. 7192-04*

A binding referendum prompted by resident's petition was held on April 6, 2004.  It overturned this ordinance and restored the former, less restrictive rules.

 See: Yard Waste Management - Burn or Compost?

Alderman Ponto moved approval of the Mayor's Reappointment of Ray Walker to the Board of Review. The motion was seconded and carried unanimously.

Board of Review

Ray A. Walker – Three year term expiring January 1, 2007.

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; and

b. 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 concerning the potential acquisition of two real estate parcels located at 16150 and 16160 W. Bluemound Road.)
 

Alderman Ponto moved to convene into Closed Session under Section 19.85(1)(e) and (g). The motion was seconded and carried Ayes 12, Nays 1 with Alderman Kilkenny voting nay. Recorded as a roll call. 9:30 p.m.

Present during closed session were as follows: Mayor, Special Legal Counsel (acting as the City Clerk), City Attorney, Director of Public Works, Director of Community Development, Interim Chief of Staff/Director of Facilities and Inspection Services, 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 Clappier and carried unanimously. Recorded as a roll call. 10:15 p.m. No action was taken in Open Session.

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 adjourn. The motion was seconded and carried unanimously. 10:15 p.m.

___________________________________

Attorney Vince Moschella in the absence of the City Clerk due to the Presidential Preference Election

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

10017

REGULAR COMMON COUNCIL

FEBRUARY 17, 2004