Council Meeting - October 2, 2001

October 2, 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.

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, OCTOBER 2, 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, Thomas Schellinger, Brad Steinke, Steven Ponto, Jim Heinrich, Richard Brunner, Donald Bauer, Jim Garvens, Karl Schulz, Scott Berg, Michael Jakus, Howard Washechek, Kari Clappier

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Sue Schalig, Special Legal Counsel Richard Lehmann, Chief of Staff Dean Marquardt, City Clerk Kris Schmidt, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Human Resources James Zwerlein, Police Chief Dan Tushaus, Neighborhood Planner/Designer Carrie Johnson, Fire Chief John Dahms, Planning Administrator Mike Theis, Economic Development Coordinator Pat Drinan

Mayor Bloomberg called the meeting of the Common Council to order at approximately 7:45 p.m. Several people spoke during the 15 minute public speaking segment regarding the Covenant Health Care/Netzow development.

The next Common Council meeting will be October 16th.

Chris Sarandos of Boy Scout Troop 64 from Elm Grove Lutheran, led the Council in the Pledge of Allegiance to the American Flag.

Alderman Waffenschmidt moved approval of the Regular Common Council minutes of September 18, 2001. The motion was seconded by Alderman Schulz 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's minutes of September 24, 2001.

The first item was the PLAN COMMISSION RECOMMENDATION: Amending the "M.S.O." Modified Suburban Overlay District to add the "CS" Context Suburban Development Pattern as recommended in the amended "Ruby Isle-Civic Center Development Plan" as adopted by the Common Council by Resolution #6786.

The Plan Commission recommended to approve the code amendment as recommended by Planning Staff by adding the Context Suburban pattern to the M.S.O. district and to substitute appropriate language in place of specific references to the "Ruby Isle/Civic Center".

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

Alderman Jakus moved adoption of the Ordinance amending the "M.S.O. Modified Suburban Overlay District to add the "CS" Context Suburban Development Pattern as recommended in the amended "Ruby Isle-Civic Center Development Plan". The motion was seconded by Alderman Schulz.

Alderman Berg moved to amend the ordinance as follows: strike the verbiage "Ruby Isle/Civic Center Node Development Plan" in the header of the ordinance and in the third whereas clause; change all references from "(CS)" to "(CTS)"; and part 1b 4. to read, "A development pattern in which development or redevelopment on a parcel that is within a neighborhood context of relatively newer or historic buildings may develop consistent....". The motion was seconded by Alderman Schulz. A roll call vote was taken on the amendment and carried unanimously.

A roll call vote was taken on the Ordinance as amended and carried unanimously. Ordinance No. 1820*

The next item was the request of Elmbrook Memorial Hospital, 19333 W. North Ave., Brookfield, c/o Kimry A. Johnsrud, President, for approval of a conditional use and revised plan and method of operation permitting a 33,523 sq. ft. hospital addition, lighted parking deck addition to the south parking lot, reuse of the Francis House and expansion of its parking lot.

The Plan Commission recommended to accept the conditional use permitting a revised plan and method of operation, as recommended by the Planning Staff, including amendments 1-6 (p. 9 of the minutes), and that the lighting and stormwater problems be dealt with by staff.

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

Alderman Jakus moved adoption of the Ordinance granting a conditional use to Elmbrook Memorial Hospital permitting a 33,523 sq. ft. hospital addition, lighted parking deck addition to the south parking lot, reuse of the Francis House and expansion of its parking lot located at 19333 W. North Avenue. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1821*

The next item was the request of Covenant Health Care System and Netzow Limited Partnership, c/o Brookfield Medical Building LLC, 17100 W. North Avenue, Suite 202, Brookfield, c/o Scott Jackson, representative, for approval to rezone 17050, 17030 and 17000 W. North Avenue and all of 2315 and 2355 Hillsdale Drive from "R-2" Single-family Residence District and "B-1" Local Business District to "O" Office District and establish "MSO" Modified Suburban Overlay District with a Context Suburban development pattern, permitting parking and/or building setback reductions from Brook Springs Drive, North Avenue, Hillsdale Drive West and 2350 Brook Springs Drive, establishing accessory retail use as a permitted use and establishing a 100' building restriction on the northerly 100' of 2355 Hillsdale Drive West. No building additions or new building construction are permitted north of the pad site approved on the site plan. Said rezonings are associated with a request for a revised plan and method of operation permitting a renovation of 17050 W. North Avenue, razing of 17030 and 17000 W. North Avenue as well as 2315 and 2355 Hillsdale Drive and construction of a 29,147 sq. ft. building addition to 17050 W. North Avenue. Also included is a request to approve a Certified Survey Map combining all aforementioned addresses into one parcel.

The Plan Commission recommended approval of the rezoning of the site to "O" Office with "MSO-CTS" Modified Suburban Overlay-Context Suburban District, approve the revised plan and method of operation and approve the certified survey map, as recommended by the Planning Staff.

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

Alderman Jakus moved adoption of the Ordinance rezoning lands owned by Covenant Health Care and Netzow Limited Partnership from "B-1" Local Business District and "R-2" Single-family Residence District to "O" Office District with "MSO-CTS" Modified Suburban Overlay-Context Suburban. (An administrative correction was made to the ordinance to change references from "CS" to "CTS".) The motion was seconded by Alderman Schulz. (A protest petition was filed which requires a 3/4 vote by the Common Council of those present.) A roll call vote was taken and carried unanimously. Ordinance No. 1822*

The next item was the PLAN COMMISSION RECOMMENDATION: Creating the new "Office and Limited Residential/Commercial" (O&LR/C")-Calhoun Road South Neighborhood District #1.

The Plan Commission recommended approval of the creation of the new zoning district[s] and rezone the respective properties accordingly.

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

Alderman Jakus moved adoption of the Ordinance creating the new "Office and Limited Residential/Commercial (O&LR/C)-Calhoun Road South Neighborhood District #1. The motion was seconded by Alderman Schulz.

Alderman Heinrich moved to amend paragraph (3e) to change the height regulation from 70 feet to 60 feet. The motion was seconded by Alderman Berg. A roll call vote was taken and failed Ayes 2, No's 12 with Aldermen Berg and Heinrich voting Aye.

A roll call vote was taken on the ordinance and carried unanimously. Ordinance No. 1823*

The only way an alderman can be absolutely certain that his objections be recorded in the official minutes is to make a motion. Even if the motion fails, as this one did, the sentiment of that alderman and the amount of support he had for his idea are clearly documented.

The next item was the PLAN COMMISSION RECOMMENDATION: Creating the new "Office and Limited Residential/Commercial" (O&LR/C)-Calhoun Road South Neighborhood District #2.

The Plan Commission recommended approval of the creation of the new zoning district[s] and rezone the respective properties accordingly.

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

Alderman Jakus moved adoption of the Ordinance creating the new "Office and Limited Residential/Commercial (O&LR/C)-Calhoun Road South Neighborhood District #2. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried Ayes 13, No's 1 with Alderman Clappier voting no. Ordinance No. 1824*

Alderman Clappier acknowledged the fact that Brookfield Square needs to be a vibrant place. She was still uncomfortable with how the ordinance would be implemented.

The next item was the PLAN COMMISSION RECOMMENDATION: Proposed base rezoning of lands known as the Ruby Farms and the WTMJ properties bounded by Calhoun Road, Bluemound Road, Interstate 94 and the Brookfield Lakes development "O&LI", "R-3" Single-family Residential and "C" Conservancy to "O&LR/C" Office and Limited Residential/Commercial-Calhoun Road South Neighborhood District #1.

The Plan Commission recommended approving the rezoning for the respective properties accordingly.

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

Alderman Jakus moved adoption of the Ordinance rezoning lands known as the Ruby Farms and the WTMJ properties bounded by Calhoun Road, Bluemound Road, Interstate 94 and the Brookfield Lakes development from "O&LI", R-3" single family residential and "C" Conservancy to "O&LR/C" Office and Limited Residential/Commercial-Calhoun Road South Neighborhood District #1. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Ordinance No. 1825*

The next item was the PLAN COMMISSION RECOMMENDATION: Proposed base rezoning of the lands known as the Executive Drive/Brookfield Square Shopping Center area or properties generally bounded by Moorland Road, Bluemound Road, Interstate 94 and the west edge of the Executive Drive office development from "B-3" Regional Business and "O" Office to "O&LR/C" Office and Limited Residential/Commercial-Calhoun Road South Neighborhood District #2.

The Plan Commission recommended approving the rezoning for the respective properties accordingly.

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

Alderman Jakus moved adoption of the Ordinance rezoning lands known as the Executive Drive/Brookfield Square Shopping Center area or properties generally bounded by Moorland Road, Bluemound Road, Interstate 94 and the west edge of the Executive Drive office development from "B-3" Regional Business and "O" Office to "O&LR/C" Office and Limited Residential/Commercial-Calhoun Road South Neighborhood District #2. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried Ayes 13, No's 1 with Alderman Clappier voting no. Ordinance No. 1826*

The next item was the potential ordinance to extend the development moratorium on the WTMJ/Ruby Lands until December 31, 2001.

The Plan Commission recommended extending the moratorium.

Alderman Jakus moved to adopt the recommendation of the Plan Commission. The motion failed for a lack of a second.

Alderman Jakus moved adoption of the Ordinance extending the development moratorium on the WTMJ/Ruby Lands until December 31, 2001. The motion failed for a lack of a second.

Director of Community Development Dan Ertl made a presentation on the creation of a Community Development Authority. (The handout may be viewed in the City Clerk's Office.)

The next item was the Creation of a "Community Development Authority" and other initiatives related to community redevelopment/development needs.

The Plan Commission recommended approving of the ordinance creating the Community Development Authority of the City of Brookfield.

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

Alderman Jakus moved adoption of the Ordinance amending Chapter 2 of the Municipal Code creating a Community Development Authority. The motion was seconded by Alderman Washechek. A roll call vote was taken and carried unanimously. Ordinance No. 1827*

Alderman Jakus moved approval of the remaining actions and recommendations as represented in the Regular Plan Commission minutes of September 24, 2001. The motion was seconded by Alderman Schulz and carried unanimously.

FINANCE COMMITTEE - Alderman Garvens, Chairman

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

Alderman Garvens moved approval of the Resolution awarding the contract for banking services for the City of Brookfield. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6812*

Alderman Garvens moved to deny the Notice of Claim from Gary Gilmore, 1135 Auburn Drive. The motion was seconded by Alderman Schulz and carried unanimously.

LEGISLATIVE & LICENSING COMMITTEE - Alderman Jakus, Chairman

Alderman Jakus moved approval of seven original bartender licenses. The motion was seconded by Alderman Mahkorn and carried unanimously.

Alderman Jakus moved approval of Item #9, the Temporary Class B beer and wine license for St. Luke's Congregation, February 9th from 5 p.m. to February 10th at 1 a.m.; and Item #10, the Temporary Class "B" beer and wine license for New Horizons Adult & Family Ministry, held at St. John Vianney Parish, October 27th, 8 p.m. to midnight (Halloween Dance). The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Jakus moved approval of the Original Class "A" Combination Beer & Liquor License for Richmar Foods, Inc., d/b/a Cal-Cap Rainbow #172, 17295 W. Capitol Drive; Agent-Karen R. Meyer. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Jakus moved to remove from the table, the Ordinance amending Section 10.08.110 of the Municipal Code relating to the operation of mini-bikes, go carts and gasoline powered play vehicles. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Jakus moved adoption of the Ordinance amending Section 10.08.110 of the Municipal Code relating to the operation of mini-bikes, go carts and gasoline powered play vehicles. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Ordinance No. 1828*

COUNCIL AS A WHOLE

Alderman Jakus moved approval of the Proclamation proclaiming October 2001 as "Crime Prevention Month". The motion was seconded by Alderman Ponto and carried unanimously.

Alderman Jakus moved approval of the Proclamation proclaiming Wednesday, October 31, 2001, as "Trick or Treat Day" starting at 5 p.m. and ending at 7:30 p.m. The motion was seconded by Alderman Ponto and carried unanimously.

Alderman Jakus moved approval of the Resolution relative to a pledge for funding the Brookfield Public Library. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 6813*

There were no Mayor's Appointments for approval at this meeting.

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 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. (Discussion and possible action on a Separation Agreement with a City employee.) No discussion or action was taken on Item #16-Discussion with legal counsel with respect to Town of Brookfield vs. City of Brookfield, Case No. 01CV1869 due to the lateness of the hour.

Alderman Schulz moved to convene into Closed Session under Section 19.85(1)(g) Wisconsin Statutes. The motion was seconded by Alderman Garvens and carried unanimously. Recorded as a roll call. 10:20 p.m.

Present during closed session were as follows: City Clerk, City Attorney, Director of Public Works, Director of Finance, Director of Human Resources, and Director of Community Development.

Alderman Garvens moved to reconvene into Open Session under Section 19.85(2) Wisconsin Statues. The motion was seconded by Alderman Washechek and carried unanimously. Recorded as a roll call. 10:42 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 Separation Agreement with a City employee. The motion was seconded by Alderman Garvens and carried unanimously.

Alderman Garvens moved to adjourn. The motion was seconded by Alderman Waffenschmidt and carried unanimously. 10:45 p.m.

Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk's Office. 9773

REGULAR COMMON COUNCIL PAGE 9774 OCTOBER 2, 2001