| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
| April 20, 2004 |
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 OF THE 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, APRIL 20, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSINMAYOR JEFF SPEAKER PRESIDING ALDERMEN PRESENT : Gary Mahkorn, Scott Berg, Cindy Kilkenny, Thomas Schellinger, Jim Garvens, Jim Heinrich, Richard Brunner, Mike Franz, Steve Ponto, Daniel Sutton, Rick Owen, Ron Balzer, Christopher BlackburnALDERMEN ABSENT & EXCUSED : Vacancy in District 4 which will be appointed in the futureALSO 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, City Clerk Kris Schmidt, Fire Chief John Dahms, Counsel Vince MoschellaCity Clerk Kris Schmidt administered the oath of office to Municipal Judge Richard J. Steinberg. Mayor Jeff Speaker introduced the newly elected Aldermen – Daniel Sutton, Rick Owen, Ron Balzer and Christopher Blackburn. Municipal Judge Richard Steinberg administered the oath of office to the newly elected aldermen of the 26 th Common Council.Mayor Jeff Speaker called the 26th Common Council to order at approximately 9:08 p.m.. (Two public hearings were heard previously – Kinsey Garvendale Lot Reconfigurations and Pick 'N Save, 17295 W. Capitol Drive.)
Three people spoke from the audience during the 15 minute segment set aside for the citizens to address the Council regarding the proposed Deer Creek Plaza development and the Shire woods. The next Common Council meeting is scheduled for May 4, 2004. Alderman Kilkenny, Alderman Garvens, and Alderman Heinrich presented resolutions commending Aldermen Jerome Wolff, Jack Shaw and Alderman Clappier for their hard work and dedication to the City of Brookfield. Cub Scout William Sutton, son of newly elected Alderman Dan Sutton, led the Common Council in the Pledge of Allegiance to the American Flag. Next item of business was the Election of Council President. Alderman Garvens moved to nominate Alderman Steve Ponto. The motion was seconded by Alderman Heinrich. Alderman Kilkenny moved to nominate Alderman Richard Brunner. The motion was seconded by Alderman Berg.Alderman Sutton moved to nominate Alderman Tom Schellinger. The motion was seconded by Alderman Franz. Alderman Heinrich moved to close nominations. The motion was seconded by Alderman Garvens. The first ballot resulted in four votes for Alderman Schellinger, five votes for Alderman Brunner, and four votes for Alderman Ponto. The second ballot resulted in two votes for Alderman Schellinger, seven votes for Alderman Brunner and 4 votes for Alderman Ponto. Alderman Brunner was elected council president with the majority of votes. Alderman Heinrich moved approval of the Regular Common Council meeting minutes of April 6, 2004. The motion was seconded by Alderman Brunner and carried unanimously. ACTIONS OF THE COMMON COUNCIL PLAN COMMISSION The City Clerk referred to the actions and recommendations of the Plan Commission as represented in the April 12, 2004, minutes (all items require Common Council approval except Items 4 and 6-9). The first item was Item #2 of the Plan Commission, the request of JBK Properties, Inc., Attn: John Kuhn, 7040 N. Port Washington Road, Suite 420, Glendale, WI 53217, to reaffirm the general plan and rezone 17100 W. Greenfield Avenue, Brookfield, WI, from "B-1" Local Business to "PDD" Planned Development District-Commercial, for the future permission to construct approximately 36,900 square feet of retail space for the proposed "Deer Creek Plaza" development. (SW 1/4 of Sec. 34) The Plan Commission recommended approving the staff recommendation to reaffirm the General Plan and the rezoning with the amendment that the number of used vehicles for sale could not exceed 12 and the size of any sale stickers would be limited to one square foot or whatever was required by the State – whichever is smaller. Alderman Mahkorn moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Ponto and carried Ayes 8, Nays 5 with Aldermen Brunner, Kilkenny, Schellinger, Franz and Balzer voting no. Alderman Mahkorn moved adoption of the Ordinance rezoning the property located at 17100 W. Greenfield Avenue from "B-1" Local Business to "PDD" Planned Development District- Commercial, No. 10 – Deer Creek Plaza, and repeal Special Exception Ordinance No. 1235. (A protest petition was filed which requires a 3/4 vote by the Common Council of those present.) The motion was seconded by Alderman Ponto. A roll call vote was taken and failed; yes 2, Nays 11 with Alderman Ponto and Mahkorn voting Aye. Alderman Mahkorn moved approval of the balance of actions and recommendation of the Plan Commission as represented in the April 12, 2004, minutes (all items require Common Council approval except Items 4 and 6-9). The motion was seconded by Alderman Heinrich and carried unanimously. BOARD OF PUBLIC WORKS Alderman Heinrich moved approval of the Resolution awarding the 2004 Annual Epoxy Pavement Marking Project #2004-PM-1A to Brickline, Inc. for their bid amount of $55,325.00. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7230-04* Alderman Heinrich moved approval of the Resolution awarding the 2004 Concrete Curb and Gutter and Inlet Repair Project #2004-CG-1 to Concrete Placement Company, Inc. for the bid amount of $198,749.55. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7231-04* Alderman Heinrich moved approval of the Resolution approving a State/Municipal Agreement for a highway improvement project at the intersection of Burleigh Road and Lilly Road. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7232-04* Alderman Heinrich moved approval of the Resolution approving a State/Municipal Agreement for widening Calhoun Road from Bluemound Road to Greenfield Avenue. The motion was seconded by Alderman Garvens and carried Ayes 12, Nays 1 with Alderman Blackburn voting nay. Resolution No. 7233-04* Alderman Heinrich moved approval of the Resolution awarding the City of Brookfield Streambank Stabilization Project, Underwood Creek Streambank Stabilization Project No. SW-04-01 to Terra Engineering & Construction Corporation for the bid amount of $163,694.45. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 7234-04* Alderman Heinrich moved approval of the Resolution approving four Perpetual Drainage Easements along Underwood Creek to perform the Streambank Stabilization Project and maintenance along the navigable Underwood Creek for the following properties: Ronald Pope, 2705 Brookview Ct.; John & Colleen Kalish, 2680 Pilgrim Rd.; Judith & Michael Tucci, 2560 Pilgrim Rd.; and Mr. and Mrs. Mario Ruggeri, 2685 Brookview Court. The motion was seconded by Alderman Franz and carried unanimously. Resolution No. 7235-04* SEWER AND WATER BOARD/BOARD OF PUBLIC WORKS Alderman Brunner moved approval of the Resolutions dedicating public facilities for the Woodberry Court Extension (CSM No. 9533), Grand Homes of Brookfield, Inc., developer: (a) water system, (b) sanitary sewer system, and (c) roadway and storm sewer improvements. The motion was seconded by Alderman Berg and carried unanimously. (a) Resolution No. 7236-04*(b) Resolution No. 7237-04*(c) Resolution No. 7238-04*SEWER AND WATER BOARD Alderman Brunner moved approval of the Final Resolutions levying special assessments against Lyle La Forge, 4225 Lilly Road, Tax Key No. 1016-999-002: (a) water main - $2,310.77 and (b) sanitary sewer - $4,237.29. The motion was seconded by Alderman Heinrich and carried unanimously. (a) Final Resolution No. 7239-04*(b) Final Resolution No. 7240-04*Alderman Brunner moved approval of the Resolution awarding the Mary Knoll Park Test Borings to Layne Northwest for their bid of $30,210.00. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7241-04* Alderman Brunner moved approval of the Resolution approving the revised Utility Bill Adjustment Policy. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 7242-04* COUNCIL AS A WHOLE There were no Vouchers exceeding $50,000 requiring immediate action. Alderman Franz moved approval of the Original Bartender's Licenses for Leah A. Bailey, Leore B. Bailey, James E. Drow, Christine M. Dufek, Karin F. Hechler Jr., Donald R. Kosiboski, Jeffrey A. Lukovich, Stephanie D. Solsaa, Nicole M. Steed, George Tsouflias, Constance J. Wiedmeyer and to table the applications for Brian J. Lewis and Anne R. Maederer. The motion was seconded by Alderman Heinrich and carried unanimously. Alderman Franz moved approval of the Application for a Temporary Class B Beer and Wine license to St. Dominic's Church, 18255 W. Capitol Drive, for their annual festival on the church parking lot, July 16 – 18, 2004. The motion was seconded by Alderman Kilkenny and carried unanimously. Alderman Franz moved approval of the Application for a Temporary Class B Beer and Wine license to St. John Vianney Parish, 1755 N. Calhoun Road, for their annual festival on church parking lot, June 11 – 13, 2004. The motion was seconded by Alderman Ponto and carried unanimously. Alderman Franz moved approval of Item #19, the Resolution commending Alderman Kari Clappier for 4 years of service to the City of Brookfield; Item #20, the Resolution commending Alderman Jerome Wolff for 6 years of service to the City of Brookfield; and Item #21, the Resolution commending Alderman Jack Shaw for 2 years of service to the City of Brookfield. The motion was seconded by Alderman Heinrich and carried unanimously. Item #19 – Resolution No. 7227-04*Item #20 – Resolution No. 7228-04*Item #21 – Resolution No. 7229-04*Alderman Franz moved approval of the Proclamation proclaiming April 30, 2004, as "Arbor Day Celebration". The motion was seconded by Alderman Heinrich and carried unanimously. Alderman Franz moved to adjourn. The motion was seconded by Alderman Sutton and carried unanimously. 9:50 p.m. ___________________________________ Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk’s Office.+ |