| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
| May 18, 2004 |
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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 OF THE 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, MAY 18, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN MAYOR JEFF SPEAKER PRESIDING ALDERMEN PRESENT: Gary Mahkorn, Scott Berg, Cindy Kilkenny, Thomas Schellinger, Jim Garvens, Jim Heinrich, Richard Brunner, Mike Franz, Steve Ponto, Dan Sutton, Rick Owen, Ron Balzer, Christopher Blackburn ALDERMEN ABSENT & EXCUSED: Vacancy in District 4 which will be appointed in the future ALSO PRESENT: Director of Public Works Tom Grisa, Director of Community Development Dan Ertl, Director of Administration Dean Marquardt, Assistant City Attorney Karen Flaherty, Deputy City Clerk Renee Tadych, Counsel Vince Moschella Mayor Jeff Speaker called the Common Council to order at approximately 8:10 p.m. Four people spoke from the audience during the 15 minute segment set aside for the citizens to address the Council regarding the proposed Greenway Corridor/Bike Path in Kinsey Park, the Shire subdivision, and the support of TIF #3. The next Common Council meeting is scheduled for June 1, 2004. Alderman Richard Brunner led the Common Council in the Pledge of Allegiance to the American Flag. Alderman Heinrich moved approval of the Regular Common Council meeting minutes of May 4, 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 May 10, 2004, minutes, (all items require Common Council approval except Items 5-8 and 10). The first item is Item #3 from the Plan Commission minutes: Request of Roundy's Inc., c/o Central Contractors Corporation of Southeastern Wisconsin, 19733-86th St., Bristol, WI 53104, Donald Pfarr, Jr., President, for approval of a text amendment to the "Use Variations" and "Special Characteristics" columns of zoning issue area C25 of the Modified Suburban Overlay matrix contained in Ordinance No. 1692 and approval of a revised plan and method of operation at 17295 W. Capitol Drive, i.e. Pick 'N Save, allowing east and west dock additions to encroach 22' and 24' respectively into the 100' intensive use building offset from a residential zoning boundary and permit the construction of a garden wall depicted in the Neighborhood Plan for the Calhoun Road and Capitol Drive Node. (NE 1/4 of Sec. 9) The Plan Commission recommended to approve the revised plan and method of operation allowing east and west dock additions to encroach 22' and 24' respectively into the 100' intensive use building offset from a residential zoning boundary and permit the construction of a garden wall subject to the conditions listed above, except for the approval condition noted in Item #3, and with the height of the roof established at 21' near the existing building sloping to 20' at the edge, and modification on the south and western exposures to include medallions and banding. (Editor's Note: "east and west dock additions" mean two dock enclosures on the south side of the building.) Further, the Plan Commission recommended approving a text amendment to the "Use Variations" and "Special Characteristics" columns of zoning issue area C25 of the Modified Suburban Overlay matrix contained in Ordinance No. 1692 as depicted in Exhibit A of the public hearing notice dated March 26, 2004, and acknowledging Common Council action on May 81, 2004. Alderman Kilkenny appreciated the Planning Administrator Mike Theis' efforts on this project to address the neighborhood's concerns throughout this project. Alderman Mahkorn moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Owen and carried Ayes 11, Nays 2 with Aldermen Heinrich and Brunner voting nay. Alderman Mahkorn moved adoption of the Ordinance revising the Modified Suburban Overlay matrices contained in Ordinance No. 1692, for the property located at 17295 W. Capitol Drive or Pick 'N Save (Roundy's Inc.). The motion was seconded by Alderman Garvens. A roll call vote was taken and carried Ayes 11, Nays 2 with Alderman Brunner and Heinrich voting nay. Ordinance No. 1962-04* The next item was Item #4 from the Plan Commission minutes: Request of the Department of Community Development, 2000 N. Calhoun Rd., Brookfield, WI 53005; Stuart and Mary Vogel, 950-960 Wilson Dr.; Bridge Moen, 9809 Wilson Dr.; and Patricia Barbosa, 12960 Tulane Street, Brookfield, WI 53005; to adopt a resolution amending Resolution No. 58, redefining buildable lot configurations in the Kinsey's Garvendale Subdivision (Block 18; Lots 13, 14, 15, 16, 17, 18, 19, and 20; and vacated alley). (SE 1/4 of Sec. 36) The Plan Commission recommended approval of the Resolution as proposed. Alderman Mahkorn moved approval of the Plan Commission recommendation. The motion was seconded by Alderman Garvens and carried unanimously. Alderman Mahkorn moved approval of the Resolution amending Res. No. 58 in Block 18, Lots 13, 14, 15, 16, 17, 18, 19 and 20; and vacated alley) to redefine buildable lot configurations in the Kinsey's Garvendale Subdivision. The motion was seconded by Alderman Owen and carried unanimously. Resolution No. 7246-04* Alderman Mahkorn moved approval of the balance of actions and recommendations of the Plan Commission as represented in the May 10, 2004, minutes (all items require Common Council approval, except Items 5-8 and 10). The motion was seconded by Alderman Heinrich and carried unanimously. FINANCE COMMITTEE There were no Vouchers exceeding $50,000 requiring immediate action. Alderman Garvens moved approval of the Resolution awarding the sale of $6,500,000 General Obligation Corporate Purpose Bonds, providing the form of the bonds, and levying a tax in connection therewith. The motion was seconded by Alderman Brunner. A roll call vote was taken and carried unanimously. Resolution No. 7247-04* Alderman Garvens moved approval of Item #7, the Resolution approving 2000 and prior capital improvement fund budget amendment requested by the Director of Finance: transfer $50,000 from Contaminated Site Cleanup account #201-113-700-397 to Transfers to Other Funds account #201-113-591-000, for purposes of funding a transfer to the debt service fund; and Item #8, the Resolution approving Debt Service fund budget amendment requested by the Director of Finance: increase transfers from Capital Projects fund, account #103-000-475-000, by $50,000. The motion was seconded by Alderman Schellinger and carried unanimously. Item #7 – Resolution No. 7248-04* Item #8 – Resolution No. 7249-04* Alderman Garvens moved approval of the Resolution approving 2004 Cable Television special revenue fund budget amendment requested by the Director of Finance: increase Cable Capital Contribution Revenues account #205-000-453 and Cable Television Expenditures account #205-215-579-513 by $16,000 for purposes of recognizing additional revenues received and revised cost for project to televise Council meetings. The motion was seconded by Alderman Berg and carried unanimously. Resolution No. 7250-04* Alderman Garvens moved approval of Item #10, the request of the Fleet Division to purchase replacement excavator from American State Equipment for $162,725; and Item #11, the Request of the Fleet Division to purchase patrol truck bodies and equipment from Casper Truck Equipment for $106,910. The motion was seconded by Alderman Heinrich and carried unanimously. LEGISLATIVE & LICENSING COMMITTEE Alderman Mahkorn moved approval of six Original Bartender's Licenses and tabled two licenses (see Legislative & Licensing agenda for names). The motion was seconded by Alderman Franz and carried unanimously. Alderman Mahkorn moved approval of six Renewal Bartender's Licenses (see Legislative & Licensing agenda for names), with a voluntary agreement with one of the license holder's for a two week suspension prior to the renewal license period, starting from June 8-22, and the City Clerk shall check for any violations after a six month period. The motion was seconded by Alderman Kilkenny and carried unanimously. Alderman Mahkorn moved approval of the Renewal Class B Beer (Malt) License: Rocky Rococo Pizza & Pasta, 95 N. Moorland Road. The motion was seconded by Alderman Sutton and carried unanimously. Alderman Mahkorn moved approval of the Renewal Class A Combination Beer (Malt) and Liquor Licenses: Sendik's, 18985 W. Capitol Dr.; Sentry Foods, 2315 N. 124th Street. The motion was seconded by Alderman Ponto and carried unanimously. Alderman Mahkorn moved approval of the Renewal Class B Combination Beer (Malt) and Liquor Licenses: Boulder Junction, 12550 W. Burleigh Rd.; Brookfield Hills Golf Course, 16075 Pinehurst Dr.; Cali's Grille Room, 1005 S. Moorland Rd.; Chin's Asia Fresh, 17550 W. Bluemound Rd. #60; Devine's Lariat, 4165 N. 124th St.; Embassy Suites Hotel – Milw. West, 1200 S. Moorland Rd.; Grasch Foods, 13950 W. North Ave.; Highlander Elite Fitness & Racquet Club, 13825 W. Burleigh Rd.; and Sheraton Milwaukee Brookfield, 375 S. Moorland Road. The motion was seconded by Alderman Kilkenny and carried unanimously. Alderman Mahkorn moved adoption of the Ordinance amending the Municipal Code by changing references from Chief of Staff to Director of Administration. The motion was seconded by Alderman Kilkenny. A roll call vote was taken and carried unanimously. Ordinance No. 1963-04* Alderman Mahkorn moved adoption of the Ordinance repealing and recreating Section 15.04.340 (B)(6) relative to Garden/Activity Area Fences. The motion was seconded by Alderman Franz. A roll call vote was taken and carried unanimously. Ordinance No. 1964-04* SEWER AND WATER BOARD Alderman Berg moved approval of the Final Resolution levying special assessments for water main against 16085 Luella Drive, BRC 1065-034, $4,513.55. The motion was seconded by Alderman Franz and carried unanimously. Final Resolution No. 7251-04* Alderman Berg moved approval of the Final Resolution levying special assessments for water main against 14620 Glendale Ave., BRC 1013-062, $4,177.40 under emergency rules. The motion was seconded by Alderman Blackburn and carried unanimously. Final Resolution No. 7252-04* Alderman Berg moved approval of the Resolution awarding the bid for the 2004 Sanitary Sewer and Manhole Rehabilitation Project Nos. SA-04-02 and SA-04-03, Contract A to James Cape & Sons Company for $173,720.50, and Contract B to Visu-Sewer Clean & Seal Inc. for $187,277.50. The motion was seconded by Alderman Blackburn and carried unanimously. Resolution No. 7253-04* Alderman Berg moved approval of the Resolution approving an agreement between Russ Kulik and the City of Brookfield to lease 36,000 square feet from the Fox River Water Pollution Control Center (FRWPCC) for business purposes (Russ's Lawn Ornaments). The motion was seconded by Alderman Kilkenny and carried Ayes 12, Nays 1 with Alderman Franz voting nay. Resolution No. 7254-04* Alderman Berg moved approval of the Resolution awarding the bid for the City of Brookfield Water Pollution Control Center Roof Replacement Project, 21225 Enterprise Ave., Industrial Roofing Services Project No. 12545 to Pioneer Roofing for $103,000. The motion was seconded by Alderman Franz and carried unanimously. Resolution No. 7255-04* COUNCIL AS A WHOLE Alderman Brunner moved approval of the Mayor's Appointment: Kari Clappier to the Board of Review. The motion was seconded by Alderman Heinrich and carried unanimously. Board of Review
Alderman Brunner moved approval of the Proclamation proclaiming the week of May 16-22, 2004, as "National Public Works Week". The motion was seconded by Alderman Garvens and carried unanimously. Alderman Berg moved to adjourn. The motion was seconded by Alderman Brunner and carried unanimously. 9:31 p.m. Renee J. Tadych, Deputy City Clerk * May be viewed in the City Clerk’s Office. 10053 REGULAR COMMON COUNCIL MAY 18, 2004 |