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 6, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR JEFF SPEAKER PRESIDING
ALDERMEN PRESENT: Gary Mahkorn, Scott Berg, Cindy Kilkenny, Jack Shaw, Kari Clappier, Brad Steinke, Thomas Schellinger, Jim Garvens, Jim Heinrich, Jerome Wolff, Richard Brunner, Mike Franz, Steve Ponto
 

ALDERMEN ABSENT & EXCUSED: Karl Schulz resigned his aldermanic seat on March 26, 2004

ALSO PRESENT: Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Administration Dean Marquardt, City Attorney Sue Schalig, Director of Finance Robert Scott, Assistant City Attorney Karen Flaherty, City Clerk Kris Schmidt (left the meeting at 9:03 p.m. due to the election), Director of Information Technology Fred Miller, Police Chief Dan Tushaus, Director of Human Resources Jim Zwerlein, Attorney Vince Moschella, Neighborhood Planner Carrie Johnson

Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 9:21 p.m. (Two public hearings were heard previously – "Limited Food Establishments/Zoning Code Amendment and Deer Creek Plaza.) Three 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 next Common Council meeting is scheduled for April 20, 2004.

Mayor Speaker and Alderman Steve Ponto recognized 1st District Alderman Brad Steinke for four years of service to the City of Brookfield.

It has truly been a pleasure working with Brad these last four years.  His experience as a city planner and level headed advice will be difficult to replace.

Mayor Speaker presented the First Quarter 2004 Featured Business Award to J. Michael Mooney of NAI/MLG Commercial, due to profitable growth, innovation, dedication to total quality and customer service, and a commitment to Brookfield.

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

Alderman Heinrich moved approval of the Regular Common Council meeting minutes of March 16, 2004. The motion was seconded by Alderman Garvens and carried unanimously.

ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The Assistant City Attorney referred to the actions and recommendations of the Plan Commission as represented in the March 22, 2004, minutes (all items require Common Council approval except Items 2-7).

The first item was Item #1 of the Plan Commission, the proposed Development Moratorium for the Waste Management landfill and outlots 6-10 of the proposed Shire subdivision bounding same, not including lots 1-25 of the proposed Shire subdivision.
 

The Plan Commission recommended approval of the staff recommended approval of the development moratorium subject to special counsel Dick Lehmann's review and report to the Common Council.

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. (Ordinance granting a development moratorium with respect to each of Shire Outlots 6 thru 10 as depicted on Exhibit "A" and outlots depicted on Exhibit "B" until the earlier of August 1, 2006, or the point in time at which the City has released the outlots from the restrictions contained in Exhibit A and B relating to the Preliminary Plat approval and adopted measures to define and implement development goals for the focus area. Exceptions to this moratorium may be authorized by the Common Council, after recommendation from the Plan Commission.)

Alderman Heinrich moved to convene into Closed Session under Section 19.85(1)(g). The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call. 9:25 p.m.

Present during closed session were as follows: Assistant City Attorney, City Attorney, Director of Public Works, Director of Administration, Neighborhood Planner, Director of Community Development, 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. 9:50 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 Mahkorn moved approval of the Plan Commission recommendation to grant a development moratorium for the Shire's outlots 6 thru 10. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Mahkorn moved adoption of the Ordinance granting a development moratorium with respect to each of Shire Outlots 6 thru 10 as depicted on Exhibit "A" and outlots depicted on Exhibit "B" until the earlier of August 1, 2006, or the point in time at which the City has released the outlots from the restrictions contained in Exhibits A and B relating to the Preliminary Plat approval and adopted measures to define and implement development goals for the focus area. Exceptions to this moratorium may be authorized by the Common Council, after recommendation from the Plan Commission. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1958-04*

Alderman Mahkorn moved approval of the balance of actions and recommendation of the Plan Commission as represented in the March 22, 2004, minutes (all items require Common Council approval except Items 2-7). 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 Brunner and carried unanimously.

Alderman Garvens moved approval of the Resolution approving public depositories for the City of Brookfield. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 7223-04*

Alderman Garvens moved approval of the Resolution approving authorized broker/dealers for City of Brookfield investments. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7224-04*

Alderman Garvens moved approval of the Resolution approving an Agreement with Clarke Environmental Mosquito Management, Inc. for mosquito management program in an amount not to exceed $150,000. The motion was seconded by Alderman Ponto and carried unanimously. Resolution No. 7225-04*

No action was taken on the Resolution approving reimbursement for a portion of the costs associated with retrofitting the home of a Police Sergeant shot in the line of duty. The Finance Committee, at its previous meeting, referred it to the Personnel Committee.

Alderman Garvens moved approval of the Request of the Fleet Management division to purchase two single axle patrol truck chassis from Lakeside International for $110,330. The motion was seconded by Alderman Berg and carried Ayes 12, Nay 1 with Alderman Schellinger voting nay.

LEGISLATIVE & LICENSING COMMITTEE

Alderman Clappier moved approval of six original Bartender Licenses and to deny one (see Legislative and Licensing Agenda for names). The motion was seconded by Alderman Mahkorn and carried unanimously.

Alderman Clappier moved approval of the Application for an Original Class B Beer License – The Ponds of Brookfield, LLC, d/b/a The Ponds of Brookfield, 2810 N. Calhoun Rd., Agent: Robert R. Perry. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Application for an Original Class B Beer and Class C Wine License – G2W Inc., d/b/a Mad Dogs, 19035 W. Capitol Dr., Suite 100, Agent: Nisha Weyker. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved approval of the Application for an Original Class A Combination Beer and Liquor License – G & R 124th St. Foods Inc., d/b/a Sentry Foods, 2315 N. 124th St. (old Kohl's Food store), Agent: Gary Grundl. The motion was seconded by Alderman Shaw and carried unanimously.

Alderman Clappier moved adoption of the Ordinance amending Section 2.04.030 of the Municipal Code regarding Special Common Council meetings. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously. Ordinance No. 1959-04*

Alderman Clappier moved adoption of the Ordinance amending Section 3.04.040(A) of the Municipal Code relating to License Restrictions due to unpaid taxes. The motion was seconded by Alderman Shaw. A roll call vote was taken and carried unanimously.

PARKS AND RECREATION COMMISSION
 

Alderman Franz moved approval of the Resolution approving a form resolution and the filing of applications to the State of Wisconsin Department of Natural Resources for a grant in Outdoor Recreation aids for the park acquisition and Greenway Trail System development. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7226-04*

COUNCIL AS A WHOLE

Alderman Ponto moved approval of the Resolution commending Alderman Karl Schulz for 8 yeas of service to the City of Brookfield. The motion was seconded by Alderman Mahkorn and carried unanimously. Resolution No. 7221-04*

Alderman Ponto moved approval of the Resolution commending Alderman Brad Steinke for 4 years of service to the City of Brookfield. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7222-04*

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 by Alderman Shaw and carried unanimously. Recorded as a roll call. 9:50 p.m.

Present during closed session were as follows: Assistant City Attorney, City Attorney, Director of Public Works, Director of Community Development, Director of Administration, 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. 10:15 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 approve the Exchange Agreement for the property at 16150 and 16160 W. Bluemound Road (Anthony Borowski or Gold Creations), subject to the technical reconciliation of Exhibits C, F-1, F-2, and H with the approved site plan for Fountain Square and the preliminary design for the Executive Drive/Bluemound Road intersection prepared by HNTB Corporation to the satisfaction of the City Engineer. The motion was seconded by Alderman Shaw and carried Ayes 12, Nays 1 with Alderman Kilkenny voting nay.

Alderman Ponto moved to adjourn. The motion was seconded by Alderman Shaw and carried unanimously. 10:17 p.m.

___________________________________

Kristine A. Schmidt, City Clerk

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

REGULAR COMMON COUNCIL

APRIL 6, 2004