Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin
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February 20, 2001
The official minutes appear in this typeface.

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.

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THESE ARE THE MINUTES OF A REGULAR COMMON COUNCIL and SPECIAL PLAN COMMISSION MEETING HELD AT 7:45 P.M., TUESDAY, FEBRUARY 20, 2001, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN

MAYOR KATHRYN BLOOMBERG IN THE CHAIR

ALDERMEN PRESENT: Gary Mahkorn, Daniel Waffenschmidt, Richard Brunner, Thomas Schellinger, Scott Berg, Kari Clappier, Brad Steinke, Howard Washechek, Steven Ponto, Karl Schulz, Don Bauer, James Garvens, Jim Heinrich, Michael Jakus

COMMISSIONERS PRESENT: Mayor Bloomberg, Alderman Mike Jakus, Alderman Karl Schulz, Alderman Brad Steinke, Beverly Wentz, Mike Faber

COMMISSIONERS EXCUSED: Richard Brandt

ALSO PRESENT: City Attorney Sue Schalig, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Director of Administrative Services Dean Marquardt, City Clerk Kris Schmidt, Fire Chief John Dahms (sworn in this evening), Director of Parks and Recreation Bill Kolstad, Deputy Finance Director Therese Hrica, Director of Public Works Tom Grisa, Interim Police Chief Dan Tushaus, Planning Administrator Mike Theis, Parks (Forester) Supervisor Gary Majeskie


Mayor Bloomberg called the meeting of the Common Council to order at approximately 7:45 p.m. Mayor Bloomberg and Betty McGlynn conducted the swearing-in ceremony for Fire Chief John Dahms. City Clerk Kris Schmidt administered the oath-of-office to John Dahms.


Parks Supervisor (Forester) Gary Majeskie and Director of Parks and Recreation Bill Kolstad presented the International Society of Arboricultural "Gold Leaf Award" to the City of Brookfield Parks, Recreation and Forestry Department awarded in recognition of the City's outstanding Arbor Day activities and the overall municipal program in 2000. The program included the Median Landscaping Project, community educational programming regarding Gypsy Moth, and the growth that is occurring in the program.


Several people spoke during the 15 minute public speaking segment regarding the Ameritech and "Moorland Road Node Amendment".


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 February 6, 2001. The motion was seconded by Alderman Brunner and carried unanimously.


ACTIONS OF THE COMMON COUNCIL

PLAN COMMISSION

The City Clerk referred to the Plan Commission's actions and recommendations as represented in the Partial Plan Commission minutes of January 22, 2001.

The first item was the Plan Commission Recommendation: Request of Ameritech/SBC Services, Inc., N17 W24300 Riverwood Dr., 1st Floor, Waukesha, WI 53188, John R. Matson, P.E. Senior Project Manager, for approval of a conditional use for a revised plan and method of operation permitting a 39,267 square foot building addition at 405 Fairway Drive. Included is a request for approval of a certified survey map conveying 14,647 square feet of lot area from 15445 W. Bluemound Road and all of 15460 Mount Vernon Avenue (26,885 square feet) to said site. (SW 1/4 of Sec. 26)

The Plan Commission recommended approval of the conditional use subject to staff's recommendation with the following changes: (1) Implementation of the renovation to the public cul-de-sac and the landscaping with the understanding that the landscaping shall be designed, installed and maintained as part of the Ameritech responsibility with the City bearing the responsibility for removing the asphalt, (2) Relocation of the dumpster, (3) Construction of a parapet on the roof to conceal equipment installed on the roof, (4) Money escrowed for service drive improvements until the drive can be completed as one construction project, and (5) Landscape plan returned to the Plan Commission for review with the developer's agreement.

Alderman Schulz moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Jakus and carried with Alderman Schellinger and Alderman Clappier voting no.

Alderman Ponto moved to allow Jim Gannon of Westmoor Country Club, a McDonalds representative, and an Azana Spa representative to speak five minutes relative to issues relating to this request. The motion was seconded by Alderman Schellinger and carried unanimously.


Alderman Schulz moved to adopt the Ordinance granting a conditional use to Wisconsin Telephone Company for expansion and modification of a telephone exchange facility and associated site features, known as the Sunset Central Office at 405 Fairway Drive (Ameritech). The motion was seconded by Alderman Garvens. A roll call vote was taken and carried with Alderman Schellinger and Alderman Clappier voting no. Ordinance No. 1777*


The next item was the Plan Commission Recommendation: Request of the City of Brookfield Plan Commission to approve an ordinance to rezone certain properties located with the "Moorland Road Node" by applying, or reapplying in some cases, an overlay zoning of "MSO" Modified Suburban Overlay District. The MSO will establish certain building and parking setback and offset requirements and will permit certain additional uses under certain conditions. The Common Council adopted the "Moorland Road Node Neighborhood Plan" on January 18, 2000 (Resolution #6497) as part of the City's Master Plan. The request also includes approval of a resolution that will amend this plan to realign the location of a service drive envisioned in the plan and change the land uses for several properties from residential or recreational to utility or transportation.

The Plan Commission recommended amending the Neighborhood Plan to show the relocation of the service drive to the western-most boundary of a previous residential property 75 feet from the remaining residential lot line versus 50 feet, remove the word "parking" from paragraph B and limit use of that parcel to residential buffer/drive/street, and to concur with the other staff recommendations contained in the staff report on that particular motion (i.e. staff recommendation #1, page 5). Also, to adopt the "MSO" overlay on properties A.1 through A.11 except change the zoning designation on A-9 to eliminate any reference to parking. (Commissioners Brandt and Wentz voted no at the Plan Commission.)

Alderman Schulz moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Jakus and carried with Alderman Schellinger and Alderman Clappier voting no.


Alderman Schulz moved approval of the Resolution adopting amendments to the "Moorland Road Node Plan at Bluemound Road" to realign the location of a service drive envisioned in the plan and change the land uses for several properties from residential or recreation to utility or transportation. The motion was seconded by Alderman Jakus and carried with Alderman Schellinger and Alderman Clappier voting no. Resolution No. 6691*


Alderman Schulz moved to adopt the Ordinance amending a portion of Section 17.98.040 of the Zoning Code to amend Issue Areas (A.1 through A.11) for the "Moorland Road Node at Bluemound Road". A protest petition was filed, which requires a 3/4 vote by the Common Council of those present, 11 votes. A roll call vote was taken and carried with Alderman Schellinger and Alderman Clapper voting no. Ordinance No. 1778*


The next item referred to was the Plan Commission's actions and recommendations and represented in the Regular Plan Commission minutes of February 12, 2001.

The first item was the request from the City of Brookfield Water Utility, c/o Tom Grisa, Director of Public Works, for approval of a revised conditional use and plan and method of operation to permit the construction of an approximate 2,100 square foot water pumping well house and an approximate 7,100 square foot above-ground reservoir to be located on a one acre site located west of Brookfield Road opposite Beverly Hills Drive. A conditional use for the use of this site as a municipal well site was previously approved under Ordinance #1743 on May 16, 2000. The current action is to permit an above-ground or mounded reservoir where a below-ground reservoir was anticipated and to approve the plan and method of operation for the well house and reservoir designs. (SE 1/4 of Sec. 8)

Alderman Schulz moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Washechek and carried unanimously.


Alderman Schulz moved to adopt the Ordinance granting the Brookfield Water Utility a revised conditional use approval to construct a municipal water well site with pump house and above ground reservoir located on lands west of Brookfield Road opposite Beverly Hills Drive. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried with Alderman Mahkorn and Alderman Berg voting no. Ordinance No. 1779*


Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of February 12, 2001. The motion was seconded by Alderman Jakus and carried unanimously.

Mayor Bloomberg called to order the Plan Commission. A presentation/briefing was made by RTKL Associates Inc., consultant, of alternative plans for the Calhoun Road South Neighborhood Plan Area. At the end of the presentation, Commissioner Wentz moved to adjourn the Plan Commission. The motion was seconded by Commissioner Faber and carried unanimously. No action was taken.


FINANCE COMMITTEE - Alderman Garvens, Chairman

Alderman Garvens stated there were no vouchers exceeding $50,000 at the Finance Committee.


Alderman Garvens moved approval of the Resolution approving the budget amendment for 2001 requested by the Director of Finance and the Director of Administrative Services: $7,500 to allow for expenditure of grant funds in the Stormwater Management Special Revenue Fund. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6692*


Alderman Garvens moved approval of the Request from the Director of Public Works to purchase six, 2001 Ford Taurus SE, 4-door sedans from Kayser Ford for $92,988 total or $15,485 each (state bid). The motion was seconded by Alderman Brunner and carried unanimously.


FORESTATION COMMITTEE - Alderman Mahkorn, Chairman

Alderman Mahkorn moved approval of the Resolution approving an agreement for the City to participate in the 2001 Gypsy Moth Suppression Program administered by the Wisconsin DNR, and authorization of funds in an amount not to exceed $2,000 from the Forestation Account as the City's cost share of this program. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6693*


LEGISLATIVE AND LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of ten original bartender licenses and to grant a bartender license to an applicant that had been tabled at a previous meeting. The motion was seconded by Alderman Waffenschmidt and carried unanimously.


BOARD OF PUBLIC WORKS - Alderman Schulz, Chairman

Alderman Schulz moved to adopt the Ordinance continuing a moratorium on development in the Butler Ditch Subwatershed area until December 31, 2001. The motion was seconded by Alderman Bauer. A roll call vote was taken and carried unanimously. Ordinance No. 1780*


Alderman Schulz moved approval of the Resolution approving the Quit Claim Deed to Anthony and Karen Nicosia for conveying road reservation to Parcel 2 of Certified Survey Map No. 6557, located on Tremont Street. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6694*


SEWER AND WATER BOARD - Alderman Washechek, Chairman

Alderman Washechek moved approval of the Resolution approving the Northwest Interceptor Agreement for sewer improvements with the Village of Menomonee Falls. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6695*


COUNCIL AS A WHOLE

There were no Mayor's Appointments.


Alderman Washechek moved to adjourn. The motion was seconded by Alderman Waffenschmidt and carried unanimously. 10:30 p.m.


Kristine A. Schmidt, City Clerk

* May be viewed in the City Clerk's Office. 9703

REGULAR COMMON COUNCIL PAGE 9703 FEBRUARY 20, 2001