| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
| June 17, 2003 |
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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, JUNE 17, 2003, 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, Richard Brunner, Cindy Kilkenny, Jerome Wolff, James Garvens, Mike Franz, Thomas Schellinger, Karl Schulz, Jim Heinrich, Kari Clappier ALDERMEN ABSENT & EXCUSED: Brad Steinke, Jack Shaw ALSO PRESENT: City Attorney Sue Schalig, City Clerk Kris Schmidt, Director of Finance Robert Scott, Director of Public Works Tom Grisa, Chief of Staff Dan Waffenschmidt, Director of Community Development Dan Ertl, Director of Parks and Recreation Bill Kolstad, Fire Chief John Dahms, Director of Human Resources Jim Zwerlein Mayor Jeff Speaker called the meeting of the Common Council to order at approximately 8:03 p.m. (A public hearing was called to order at 8:00 p.m. relating to Preliminary Plat and Preliminary Survey Map approvals by the Common Council. See separate minutes.) No one spoke during the 15 minute segment set aside for the citizens to address the Council. The next Common Council meeting is scheduled for July 15, 2003. Alderman Berg led the Common Council in the Pledge of Allegiance to the American Flag. Alderman Schulz moved approval of the Regular Common Council minutes of June 3, 2003. The motion was seconded by Alderman Heinrich and carried unanimously. ACTIONS OF THE COMMON COUNCIL Alderman Ponto moved to suspend the rules and take, Items #11 and #27 at this point in time. The motion was seconded by Alderman Kilkenny and carried unanimously. FINANCE COMMITTEE Alderman Garvens moved approval of the recommendation from the Information Technology Subcommittee to create a task force for the purpose of investigating the possibility and costs of video recording and cable broadcast of Common Council meetings. The motion was seconded by Alderman Berg and carried unanimously. COUNCIL AS A WHOLE Alderman Ponto moved to nominate Aldermen Karl Schulz, Kari Clappier and Scott Berg to the task force relative to exploring the televising of Common Council meetings on cable television. The motion was seconded by Alderman Heinrich. Alderman Heinrich moved to close nominations. The motion was seconded by Alderman Clappier and carried unanimously. The motion to nominate Aldermen Karl Schulz, Kari Clappier and Scott Berg to the task force carried unanimously.
PLAN COMMISSION The City Clerk referred to the actions and recommendations of the Plan Commission as represented in the June 9, 2003, minutes (all items require Common Council approval, except items #2 and #10), including the Plan Review Board minutes of May 22, 2003. Items #4a – 4e were taken as a group. Item #4a - Request of the City of Brookfield Plan Commission to amend zoning district boundaries in the Willaura West Subdivision, considered to have had faulty legal descriptions or other technical problems that accompanied the residential development. The properties should be zoned "R-2" Residence – matching the balance of the subdivision. The base zoning designations for 16200, 16215, 16235, 16240, 16275 and 16280 Wildwood Court in the Willaura West Subdivision should be rezoned from "C" Conservancy to "R-2"; and Item #4b – Request of the City of Brookfield Plan Commission to amend zoning district boundaries in the Pilgrim Meadows Addition #1 Subdivision, considered to have had faulty legal descriptions or other technical problems that accompanied the residential development. These problems should be zoned "R-2" Residence – matching the balance of the subdivision. The base zoning designations for 2880, 2930, 2960, 2965, 16225 and 16240 Smith Drive; 16225, 16230, 16245, 16260 and 16320 Luella Drive; and 2885 Mark Drive in the Pilgrim Meadows Addition #1 Subdivision should be rezoned from "C" Conservancy to "R-2" Residence; and Item #4c – Request of the City of Brookfield Plan Commission to amend zoning district boundaries in the Chateau Royale Subdivision, considered to have had faulty legal descriptions or other technical problems that accompanied the residential development. The properties should be zoned "R-3" Residence – matching the balance of the subdivision. The base zoning designations for 2415, 2435, and 2455 Buckingham Place in the Chateau Royale Subdivision should be changed from "C" Conservancy to "R-3" Residence; and Item #4d – Request of the City of Brookfield Plan Commission to amend zoning district boundaries in the Carrington Heights Addition #1, Addition #2, and Addition #3 Subdivisions, considered to have had faulty legal descriptions for other technical problems that accompanied the residential development. These properties should be zoned "R-3" Residence – matching the balance of the subdivisions. The base zoning designations for 20830 Vincent Drive and 2150 Whittington Court in the Carrington Heights Addition #2 Subdivision; and 20725 and 20805 W. North Avenue and 20850 Vincent Drive in the Carrington Heights Addition #3 Subdivision; should be rezoned from "I" Industrial to "R-3" Residence; and Item #4e – Request of the City of Brookfield Plan Commission to amend zoning district designations in the Fox Brook County Park area, where lands that were annexed from the Town of Brookfield need to have the correct zoning designation applied. Some of the lands in the Fox Brook County Park area are zoned "R-3" Residence when they are covered entirely by floodplain and almost entirely by wetlands; therefore, they are considered unbuildable and should be zoned "REC" Recreational – matching the balance of the surrounding land. The base zoning designations for tax key numbers BRC 1036-990, BRC 1036-991, BRC 1036-992 and BRC 1036-993 (Barker Road) of the Fox Brook County Park area should be rezoned from "R-3" Residence to "REC" Recreational. The Plan Commission recommended approval as follows: • Amend certain zoning district boundaries in the Willaura West Subdivision (16200, 16215, 16235, 16240, 16275 and 16280 Wildwood Court) from "C" Conservancy to "R-2" Residence; • Amend certain zoning district boundaries in the Pilgrim Meadows Addition #1 Subdivision (2880, 2930, 2960, 2965, 16225, 16240 Smith Drive; 16225, 16230, 16245, 16260, and 16320 Luella Drive; 2885 Mark Drive) from "C" Conservancy to "R-2" Residence; • Amend certain zoning district boundaries in the Chateau Royale Subdivision (2415, 2435, and 2455 Buckingham Place) from "C" Conservancy to "R-3" Residence; • Amend certain zoning district boundaries in the Carrington Heights Addition #1, Addition #2, and Addition #3 Subdivisions (20830 Vincent Drive, 2150 Whittington Court, 20770 Vincent Court, 20775 Vincent Court, 20725 W. North Avenue, 20805 W. North Avenue, and 20850 Vincent Drive) from "I" Industrial to "R-3" Residence; • Rezoning of lands in Fox Brook Park area (BRC 1036-990, BRC 1036-991, BRC 1036-992, and RC 1036-993) from "R-3" Residence to "REC" Recreational. Alderman Schulz moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Garvens and carried unanimously. Alderman Schulz moved adoption of the following ordinances: • Item #4a: Ordinance amending base zoning district boundaries in the Willaura West Subdivision – specifically six (6) properties – considered to have had faulty legal descriptions or other technical problems that accompanied the residential development. • Item #4b: Ordinance amending base zoning district boundaries in the Pilgrim Meadows Addition #1 Subdivision – specifically twelve (12) properties – considered to have had faulty descriptions or other technical problems that accompanied the residential development. • Item #4c: Ordinance amending base zoning district boundaries in the Chateau Royale Subdivision – specifically three (3) properties – considered to have had faulty legal descriptions or other technical problems that accompanied the residential development. • Item #4d: Ordinance amending base zoning district boundaries in the Carrington Heights Additions #1, #2 and #3 Subdivisions – specifically seven (7) properties – considered to have had faulty legal descriptions or other technical problems that accompanied the residential development. • Item #4e: Ordinance amending base zoning district in the Fox Brook County Park area, where lands that were annexed from the Town of Brookfield and require permanent zoning designation applied. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Item #4a – Ordinance No. 1914-03* Item #4b – Ordinance No. 1915-03* Item #4c – Ordinance No. 1916-03* Item #4d – Ordinance No. 1917-03* Item #4e – Ordinance No. 1918-03* The next item was the Plan Commission Recommendation: Ordinance amending the Zoning and Subdivision Codes of the Municipal Code to shift the location of the amount of development fees in the Municipal Code, increase the associated fees and create new fees. The Plan Commission recommended approving the ordinance amending the Zoning and Subdivision Codes of the Municipal Code to shift the location of the amount of development fees in the Municipal Code, increase the associated fees, and create new fees. Alderman Schulz moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Brunner and carried unanimously. Alderman Schulz moved adoption of the Ordinance creating the "Schedule of Development Fees and Related Fiscal Securities" and amending certain sections of the Zoning Code and Subdivision Code relating to fees, subject to a technical correction in the ordinance. The motion was seconded by Alderman Heinrich. A roll call vote was taken and carried unanimously. Ordinance No. 1919-03* Alderman Schulz moved approval of the balance of actions and recommendations of the Plan Commission as represented in the June 9, 2003, minutes, including the Plan Review Board minutes of May 22, 2003 (excluding items #2 and #10). The motion was seconded by Alderman Heinrich and carried unanimously. FINANCE COMMITTEE Alderman Garvens moved approval of the Vouchers exceeding $50,000 requiring immediate action. The motion was seconded by Alderman Wolff and carried unanimously. Alderman Garvens moved approval of the Resolution approving revised City financial policies regarding debt and capital improvement budget. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7089-03* Alderman Garvens moved approval of the Resolution approving the entering into an Agreement for professional services 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 Alderman Schulz and carried unanimously. Resolution No. 7090-03* Alderman Garvens moved approval of Item #8, the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $30,000,000; Item #9, the Initial Resolution authorizing General Obligation Notes in an amount not to exceed $30,000,000; and Item #10, the Resolution authorizing General Obligation Refunding Bonds in an amount not to exceed $40,000,000. The motion was seconded by Alderman Heinrich and carried Ayes 11, Nay's 1 with Alderman Berg voting Nay. Item #8 – Initial Resolution No. 7091-03* Item #9 – Initial Resolution No. 7092-03* Item #10-Initial Resolution No. 7093-03*
LEGISLATIVE & LICENSING COMMITTEE Alderman Clappier moved approval of five Original Bartender Licenses (see Legislative and Licensing Agenda for individual names). The motion was seconded by Alderman Mahkorn and carried unanimously. Alderman Clappier moved approval of twelve Renewal Bartender Licenses (see Legislative and Licensing Agenda for individual names). The motion was seconded by Alderman Franz and carried unanimously. Alderman Clappier moved approval of Item #14a, the Original Class B Combination Beer and Liquor Licenses: The Castle (new ownership), 13170 W. Greenfield Avenue; Belva Bailey, Agent; and Item #14b, Tri J Investments, LLC, d/b/a Sidetrack Bar, 2835 N. Brookfield Road; James Callen, Agent (effective August 1st); Item #15, Renewal Class B Beer (Malt) and Class C Wine Licenses: Bear Rock Café, 18895 W. Capitol Dr., 18895 W. Capitol Dr.; Sgt. Pepperoni, 17495 W. Capitol Drive; Item #16, Renewal Class A Combination Beer (Malt) and Liquor Licenses: Angelina's Deli, 15655 W. North Ave.; Best Cellars Wine Shop, 17000 W. Capitol Dr.; Catering & Cuisine by V. Richards, 21755 Gateway Road; Item #17, Renewal Class B Combination Beer (Malt) and Liquor Licenses: Chin's Asia Fresh, 17550 W. Bluemound Rd.; Devine's Lariat, 4165 N. 124th St.; Embassy Suites Hotel-Milw. West, 1200 S. Moorland Rd.; Fuddruckers, 16065 W. Bluemound Rd.; The Loaf & Jug Restaurant, 17700 W. Capitol Dr.; Meadow Inn, 14735 W. Lisbon Rd.; Pepino's on Capitol, 17065 W. Capitol Dr.; Pistol Pete's Neighborhood Grill, 16755 W. Lisbon Rd.; The Historic Red Mill, 1005 S. Elm Grove Rd.; Sabella's Pub, 2850 N. Brookfield Rd.; Sheraton-Milwaukee/Brookfield, 375 S. Moorland Rd.; Sidetrack Bar, 2835 N. Brookfield Rd.; Sluggo's Sports Pub & Grille, 12760 W. Burleigh Rd.; V. Richards, 17165 W. Bluemound Rd.; Wyndham Brookfield, 18155 W. Bluemound Road. The motion was seconded by Alderman Mahkorn and carried unanimously. Alderman Clappier moved approval of the Re-Appointment to the Ethics Board-Susan Heffron, for a three year appointment. The motion was seconded by Alderman Franz and carried unanimously. PERSONNEL COMMITTEE Alderman Ponto moved approval of the Resolution approving an Agreement between the City of Brookfield and the Brookfield Professional Firefighter's Association, Local 2051, I.A.F.F., regarding the terms of a successor labor contract effective January 1, 2003, through December 31, 2005. The motion was seconded by Alderman Clappier and carried unanimously. Resolution No. 7094-03* BOARD OF PUBLIC WORKS Alderman Schulz moved to take off the table the Resolution awarding the bid for the Elm Terrace Storm Sewer Project No. SW-03-01 to Musson Brothers, Inc. for $129,054. The motion was seconded by Alderman Heinrich and carried unanimously. Alderman Schulz moved approval of the Resolution awarding the bid for the Elm Terrace Storm Sewer Project No. SW-03-01 to Musson Brothers, Inc. for $129,054. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7095-03* SEWER AND WATER BOARD Alderman Brunner moved approval of the Resolution approving an Intermunicipal Agreement between the City of Brookfield and the Village of Menomonee Falls for sewer service on the northwest portion of the Northwest Interceptor (Cherokee Drive). The motion was seconded by Alderman Kilkenny and carried unanimously. Resolution No. 7096-03* Alderman Brunner moved approval of the Final Resolution levying special assessments: Maxine J. Hirmer, 670 S. Sunny Slope Rd., BRC 1150-998, $3,566.88. The motion was seconded by Alderman Berg and carried unanimously. Final Resolution No. 7097-03* Alderman Brunner moved approval of the Resolution awarding the bid for the Northridge Water Main and Storm Sewer Project #WM-03-02 and #SW-03-06 to Underground Pipeline, Inc. for $1,096,129. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 7098-03* Alderman Brunner moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments: Northridge Water Main Project #WM-03-02. The motion was seconded by Alderman Kilkenny and carried unanimously. Final Resolution No. 7099-03* Alderman Brunner moved approval of the Final Resolution levying special assessments: Eugene Schmid, 19530 Gebhardt Rd., BRC 1085-993, $2,902.00. The motion was seconded by Alderman Berg and carried unanimously. Final Resolution No. 7100-03* COUNCIL AS A WHOLE Alderman Ponto moved to table the Ordinance amending Chapter 2.08.030, Polling Places, changing the location of the 4th Aldermanic District polling place from Hillside Elementary School to Brookfield Elementary School, 2530 N. Brookfield Road. The motion was seconded by Alderman Schulz and carried Ayes 10, Nay's 2 with Alderman Schellinger and Franz voting Nay. Alderman Wolff moved approval of the Resolution commending Officer Mark W. Glander for more than 31 years of service with the City of Brookfield Police Department. The motion was seconded by Alderman Garvens and carried unanimously. Resolution No. 7088-03* Alderman Ponto moved to adjourn. The motion was seconded by Alderman Schulz and carried unanimously. 8:30 p.m. ___________________________________ Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk’s Office. 9958 REGULAR COMMON COUNCIL JUNE 17, 2003 |