| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
| May 16, 2000 |
The official minutes appear in this
typeface.
Click here to download a PDF file of the official minutes. THESE ARE THE MINUTES OF A REGULAR COMMON COUNCIL MEETING HELD AT 7:45 P.M., TUESDAY, MAY 16, 2000, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN MAYOR KATHRYN BLOOMBERG IN THE CHAIR ALDERMEN PRESENT: Howard Washechek, Karl Schulz, Gary Mahkorn, Jim Heinrich, Michael Jakus, Daniel Waffenschmidt, Richard Brunner, Steven Ponto, Brad Steinke, Scott Berg, Kari Clappier, Thomas Schellinger ALDERMEN EXCUSED OR ABSENT: Donald Bauer, James Garvens ALSO PRESENT: City Attorney Sue Schalig, Director of Administrative Services Dean Marquardt, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Police Chief Robert Jacobs, City Clerk Kris Schmidt, Director of Human Resources Victoria Keller, Director of Parks and Recreation William Kolstad, Assistant Chief of Police Dan Tushaus Mayor Bloomberg called the meeting of the Common Council to order at approximately 8:10 p.m. Alderman Brunner led the Council in the Pledge of Allegiance to the American Flag. Alderman Waffenschmidt moved approval of the Regular Common Council minutes of May 2, 2000. The motion was seconded by Alderman Washechek and carried unanimously. ACTIONS OF THE COMMON COUNCIL PLAN COMMISSION The next item was the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of May 9, 2000. The next item was the request of Brookfield Academy, 3460 N. Brookfield Road, for approval of a conditional use, revised plan and method of operation, and preliminary plat to permit the construction of athletic fields and related facilities located on lands west of Brookfield Road opposite Beverly Hills Drive. (SE 1/4 of Sec. 8) The Plan Commission recommended approval of the conditional use, revised plan and method, preliminary plat and Development Agreement as recommended by the Director of Community Development subject to: 1) Site inspection of the existing life estate home for code compliance and agreement on maintenance issues; (2) Agreement that the Academy be responsible for providing safe crossing for students; (3) Operation of the fields consistent with approval for Little League over a twelve month period to allow flexibility; (4) Council approval of development agreement withheld until City staff approval is complete; and (5) Trash enclosure not necessary as trash to be stored in building. Alderman Jakus moved to adopt the recommendation of the Plan Commission with the friendly amendment to the approval of the Brookfield Academy athletic fields that the approval is also subject to the painting of the farmhouse at 3155 N. Brookfield Road and removal of the dilapidated outbuilding be done prior to release of the permits.. The motion was seconded by Alderman Washechek and carried unanimously. Alderman Jakus moved to adopt the Ordinance granting approval for a conditional use to Brookfield Academy, 3460 N. Brookfield Road, for the use of approximately 40 acres of land west of Brookfield Road at Parkview Drive for athletic fields and associated improvements. Also, to repeal ordinance #1658 and #1659 previously approved for a similar athletic field use and a senior housing project. The motion was seconded by Alderman Schulz. Alderman Schulz moved to amend the Ordinance to include a condition that the approval of the Brookfield Academy athletic fields are subject to the painting of the farmhouse at 3155 N. Brookfield Road and removal of the dilapidated outbuilding prior to release of permits. The motion was seconded by Alderman Washechek. A roll call vote was taken and carried unanimously. A roll call vote was taken on the ordinance as amended and carried unanimously. Ordinance No. 1741* The next item was the request of Brookfield Academy, 3460 N. Brookfield Road, W. Stewart Davis, Board Chair, for approval of a conditional use permitting a revised plan and method of operation for the purpose of constructing a 16,686 square foot building addition. Also, requested is approval of a preliminary plat. (SW 1/4 of Sec. 9) The Plan Commission recommended approval of the proposed conditional use ordinance permitting the revised plan and method of operation and the preliminary plat as recommended by staff subject to Plan Commission consideration of comments received at the public hearing relative to the staff working with Mr. Rappe regarding his concerns with drainage. Decibel level of air conditioning to be no more than 40 decibels at the property line. And the approvals on the Plan Commission are not to be construed as endorsing the Academy's master plan. Alderman Jakus moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Schulz and carried unanimously. Alderman Jakus moved to adopt the Ordinance granting approval for a conditional use to Brookfield Academy, 3460 N. Brookfield Road, for a proposed 16,686 sq. ft. building addition to Constitution Hall and interior remodeling of Independence Hall located in the northeast corner of the school's campus. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1742* The next item was the request of the City of Brookfield Water Utility for approval of a conditional use to permit the installation of a municipal well with reservoir and pump house on lands located west of Brookfield Road opposite Beverly Hills Drive. (SE 1/4 of Sec. 8) The Plan Commission recommended approval of the conditional use as recommended by the Director of Community Development. Alderman Jakus moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Schulz and carried unanimously. Alderman Jakus moved to adopt the Ordinance granting the Brookfield Water Utility conditional use approval to construct a municipal water well site with pump house and below ground reservoir located on lands owned by Brookfield Academy or west of Brookfield Road, 800 feet (±) west of Beverly Hills Drive. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1743* The next item was the Plan Commission Recommendation: "Revision of the Modified Suburban Overlay Zoning District: A Neighborhood Plan for the Moorland Road Node at Bluemound Road". The Plan Commission recommended approval of the rezonings as presented by the Director of Community Development and as identified in the recommended amended matrix. Alderman Jakus moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Schulz. Alderman Jakus moved to amend the recommendation to add the requirement of a property owner obtaining the approval of a Planned Development District "PDD" designation to each property if the owners wish to build new buildings as shown on the amended matrix. The motion was seconded by Alderman Schulz and carried Ayes 10, No's 2 with Alderman Clappier and Alderman Schellinger voting no. The motion as amended carried Ayes 10, No's 2 with Alderman Clappier and Alderman Schellinger voting no. Alderman Jakus moved to adopt the Ordinance rezoning Parcels A-1 - Westmoor Country Club, 400 S. Moorland Road; A-2 - DPM Realty Corporation, 200 N. Moorland Road; A-3 (two lots) McDonalds Corporation, 300 N. Moorland Road; A-6 - Amoco Oil Company, 15565 W. Bluemound Road; A-7 - James Jeffords, 15445 W. Bluemound Road; A-8 - Doreen Wilkinson, 425 N. Fairway Drive, to add the Modified Suburban Overlay "MSO" Zoning District to said properties. The motion was seconded by Alderman Schulz. Alderman Jakus moved to amend the Ordinance to add the requirement that a property owner obtain the approval for a Planned Development District "PDD" designation for each property if the owners wish to build new buildings as shown on the amended matrix. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried Ayes 10, No's 2 with Alderman Clappier and Alderman Schellinger voting no. A roll call vote was taken on the ordinance as amended and carried Ayes 10, No's 2 with Alderman Clappier and Alderman Schellinger voting no. Ordinance No. 1744* Alderman Jakus moved to adopt the Ordinance rezoning Parcel A-4 - Mutual Savings Bank (owned by Harry & K. Mierow), 400 N. Moorland Road, and Parcel A-5 - American Tire & Service Company (owned by Harry & K. Mierow), 410 N. Moorland Road, to add the Modified Suburban Overlay "MSO" Zoning District to said properties. (A protest petition was filed which requires a 3/4 vote by the Common Council of those present.) The motion was seconded by Alderman Schulz. Alderman Jakus moved to amend the Ordinance to add the requirement that a property owner obtain the approval for a Planned Development District "PDD" designation for each property if the owners wish to build new buildings as shown on the amended matrix. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried Ayes 10, No's 2 with Alderman Clappier and Alderman Schellinger voting no. A roll call vote was taken on the ordinance as amended and carried Ayes 10, No's 2 with Alderman Clappier and Alderman Schellinger voting no. Ordinance No. 1745* Alderman Jakus moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of May 9, 2000. The motion was seconded by Alderman Schulz and carried unanimously. FINANCE COMMITTEE - Alderman Schulz, Acting Chairman in the absence of Ald. Garvens Alderman Schulz moved approval of the Vouchers exceeding $15,000 requiring immediate action. This was seconded by Alderman Heinrich and carried unanimously. Alderman Schulz moved approval of the Resolution authorizing the issuance and awarding the sale of $4,235,000 General Obligation Promissory Notes; providing the form of the notes; and levying a tax in connection therewith. This was seconded by Alderman Heinrich. A roll call vote was taken and carried unanimously. Resolution No. 6560* Alderman Schulz moved approval of Item #7, the Request of the Water Pollution Control Center (Sewer Treatment Plant) to purchase a truck mounted sewer-jet unit from Northern Sewer Equipment for $175,615; Item #8, the Request of the Police Dept. to purchase 4 heavy duty intensive use chairs for the dispatch area from Advanced Concept Representatives, Inc. for $1,050 each ($4,200 total); Item #9, the Request of the Water Utility to purchase two (2) IBM ThinkPad 390X Laptop Computers from Comark Government & Educational Sales for $2,260 each ($4,520 total); Item #10, the Request of the Fire Department to purchase eight (8) Self-Contained Breathing Apparatus upgrades from Oshkosh Fire & Police for $7,680; and Item #11, the Request of the Information Technology Dept. to purchase a Network Color LaserJet Printer from Comark Government & Education Sales for $6,418. The motion was seconded by Alderman Heinrich and carried unanimously. LEGISLATIVE AND LICENSING COMMITTEE - Alderman Jakus, Chairman Alderman Jakus moved approval of Item #12a, nine (9) Original Bartender Licenses and denial of one (1) original bartender license, and Item #12b, seven (7) Renewal Bartender Licenses and to table one (1) license. The motion was seconded by Alderman Mahkorn and carried unanimously. Alderman Jakus moved approval of Item #12c, the Renewal Class A Combination d/b/a: Pick 'N Save, 17630 W. Bluemound Rd.; Pick 'N Save-Capitol, 12735 W. Capitol Dr.; Sentry Foods #172, 17295 W. Capitol Dr.; Sentry Foods-Hampton, 13255 W. Hampton Ave.; and Westbrook Beverage Center, 13430 W. Greenfield Ave.; Item #12d, the Renewal Class B Beer & Class C Wine d/b/a: Sgt. Pepperoni, 17495 W. Capitol Drive; Item #12e, Renewal Class B Combination Beer & Liquor d/b/a: Bombay Bicycle Club, 17105 W. Bluemound Rd.; Brookfield Hills Golf Course, 16075 Pinehurst Dr.; Chi-Chi's, 18365 W. Bluemound Rd.; Courtyard by Marriott, 16865 W. Bluemound Rd.; Devine's Lariat, 4165 N. 124th St.; Embassy Suites Hotel-Milw. West, 1200 S. Moorland Rd.; For Pete's Sake, 14640 W. Capitol Dr.; Fuddrucker's 16065 W. Bluemound Rd.; Highlander Racquet Club, 13825 W. Burleigh Rd.; Houlihan's Old Place, 95 N. Moorland Rd.; Peach Garden Restaurant, 2325 N. 124th St.; Ritter's Inn, 12525 W. North Ave.; T.G.I.Friday's, 17430 W. Bluemound Rd.; and Westmoor Country Club, 400 S. Moorland Road. The motion was seconded by Alderman Mahkorn and carried unanimously. Alderman Jakus moved approval to grant two (2) bartender licenses on appeal. The motion was seconded by Alderman Mahkorn and carried unanimously. Alderman Jakus moved to adopt the Ordinance deleting a portion of Section 2.72.020 D. relating to disposal procedures for abandoned and unclaimed property. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1746* The Ordinance amending Section 15.04.420 of the Municipal Code relating to yard maintenance buildings was tabled by the Legislative and Licensing Committee. Alderman Jakus moved to adopt the Ordinance relating to suspensions and revocation of liquor licenses. The motion was seconded by Alderman Mahkorn. A roll call vote was taken and carried unanimously. Ordinance No. 1747* Alderman Jakus moved to adopt the Ordinance revising Section 2.36.010(b) of the Municipal Code relating to the hours the Board of Review shall be in session. The motion was seconded by Alderman Washechek. A roll call vote was taken and carried unanimously. Ordinance No. 1748* PARK & RECREATION COMMISSION - Alderman Schulz, Chairman Alderman Schulz moved approval of the Resolution approving the contract with Dennis' Lawn and Landscaping, Inc. for the mowing and maintenance of open space and park areas at Willaura and Willaura II subdivisions. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6561* Alderman Schulz moved approval of the Resolution approving the contract with Carl Reichman to provide concessionaire services at the Wirth Aquatic Center. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6562* Alderman Schulz moved approval of the Resolution awarding the annual July 4th Fireworks Display contract to Spielbauer Fireworks Co., Inc. in the amount of $7,500 for the base display program. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6563* PERSONNEL COMMITTEE - Alderman Ponto, Chairman Alderman Ponto moved approval of the Resolution approving the Wisconsin Professional Police Association to voluntarily agree to place the sergeants into the Brookfield Professional Police Association, effective upon agreement of all terms and conditions. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6564* Item #21, the discussion and possible action on the request to approve a medical leave of absence agreement was postponed to the end of the agenda, since it was asterisked for closed session. BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman Alderman Schulz moved approval of the Resolution authorizing the Phase 2 (public involvement) of the previously approved (November 2, 1999) Agreement with HNTB Corporation for an intersection study at the Barker Road and North Avenue intersection, at a cost not to exceed $6,530. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6565*
Alderman Schulz moved to adopt the Ordinance creating Title 14 of the Municipal Code implementing the Stormwater Management Ordinance. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1749* Alderman Schulz moved approval of the Resolution accepting the grant for $1,546,660 from the Wis. Dept. of Natural Resources Nonpoint Source Pollution Abatement Program - Menomonee River Watershed Project and also includes construction of a regional detention ponds, and streambank stabilization construction. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6566* Alderman Schulz moved to adopt the Ordinance granting Parcel 14 of Meadowview Subdivision a special exception to the moratorium established by Ord. #1711 to develop within the Butler Ditch drainage area. The motion was seconded by Alderman Jakus. A roll call vote was taken and carried Ayes 11, No's 1 with Alderman Brunner voting no. Ordinance No. 1750* Alderman Schulz introduced the Resolutions vacating portions of Pilgrim Square Drive (3 locations). No vote required. SEWER AND WATER BOARD - Alderman Washechek, Chairman Alderman Washechek moved approval of the Resolution awarding the bid for the Sanitary Sewer TV Inspection Project #2000-28 to Green Bay Pipe & TV Contractors for $30,450.00. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6567* Alderman Washechek moved approval of Item #28, the Final Resolution levying special assessments against Lot 2, Block 6, Temple Hills Addition Subdivision, Tax Key No. 1095-031, $6,192.00; Item #29, the Final Resolution levying special assessments against Lot 3, Block 6, Willow Ridge Subdivision, Tax Key No. 1020-086, $3,183.10. The motion was seconded by Alderman Schulz and carried unanimously. Item #28 - Final Resolution No. 6568* Item #29 -Final Resolution No. 6569* COUNCIL AS A WHOLE Alderman Jakus moved to adopt the 2000-2002 Strategic Plan. The motion was seconded by Alderman Schulz and carried unanimously. Alderman Jakus moved approval of the Mayor's Appointments. The motion was seconded by Alderman Ponto and carried unanimously. Information Technology Subcommittee Gary E. Jonardi Alan B. Nosbusch Scott Dryburgh In continuing actions of the Council, pursuant to 19.85(1) of the Wis. Stats., after first convening in Open Session, the Mayor will explain the nature of the business proposed to be considered in Closed Session, and upon motion duly made, seconded and adopted, meet in Closed Session for the following purpose: a. Under 19.85(1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility; and b. Under 19.85(1)(f) Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where par. (b) applies which , if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations. (Discussion and possible action on the request to approve a medical leave of absence agreement.) c. 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 action relating to the City's involvement in the construction and financing of the Sharon Lynne Wilson Center for the Arts to be constructed in Mitchell Park.); and Alderman Schulz moved to convene into Closed Session under 19.85(1)(c), (e) and (f). The motion was seconded by Alderman Heinrich and carried unanimously. Recorded as a roll call. 9:30 p.m. Present during Closed Session were as follows: City Clerk, City Attorney, Director of Finance, Director of Administrative Services, Director of Public Works, Director of Human Resources and Director of Community Development. Alderman Schulz moved to reconvene into Open Session under 19.85(2). The motion was seconded by Alderman Waffenschmidt and carried unanimously. Recorded as a roll call. 12:30 p.m.
No action was taken on the request to approve a medical leave of absence agreement or the City's involvement in the construction and financing of the Sharon Lynne Wilson Center for the Arts to be constructed in Mitchell Park. Alderman Berg moved to adjourn. The motion was seconded by Alderman Washechek and carried unanimously. 12:35 p.m. Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk's Office. 9636 REGULAR COMMON COUNCIL PAGE 9637 MAY 16, 2000
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