July 20, 2004
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 OF THE 26TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY,
JULY 20, 2004, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL,
2000 N. CALHOUN ROAD,
BROOKFIELD, WISCONSIN
MAYOR JEFF SPEAKER
PRESIDING
ALDERMEN
PRESENT:
Scott Berg, Cindy Kilkenny, Thomas Schellinger, Jim Garvens, Jim
Heinrich, Richard Brunner, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Ron
Balzer, Christopher Blackburn, Beverly Wentz
ALDERMEN ABSENT & EXCUSED:
Mike Franz
ALSO PRESENT:
Director of Public Works Tom Grisa, Director of Community Development Dan
Ertl, Director of Finance Robert Scott, City Clerk Kristine Schmidt, City
Attorney Vince Moschella, Director of Human Resources Jim Zwerlein, Director of
Information Services Fred Miller, Director of Administration Dean Marquardt,
Assistant City Attorney Karen Flaherty, Neighborhood Planner Carrie Johnson,
Attorney Art Harrington
Mayor Jeff Speaker called the
Common Council to order at approximately
8:43 p.m.
(Two Public Hearings were heard previously – request of Steve Behringer and
Edward & Barbara Treick for rezoning on Kamala Court, and the request of Klinke
Cleaners to amend an overlay zoning district at 14335 W. Capitol Drive.
See separate minutes.)
Five 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, the "No Parking
Anytime" signage on Camden Lane,
the indemnification agreement for the Shire, and the proposed TIF plan for
Brookfield Square/Executive Drive area.
The next Common
Council meeting is scheduled for
August 17, 2004.
Alderman Richard
Brunner led the Common Council in the Pledge of Allegiance to the American Flag.
ACTIONS OF THE COMMON COUNCIL
CONSENT
AGENDA
Alderman
Kilkenny moved approval of the Consent Agenda except for the items removed j; o2
and o3 (item 3 of the Plan Commission minutes – Deer Creek Plaza); q; and x.
The motion was seconded by Alderman Brunner and carried unanimously.
Recorded as a roll call.
a)
Minutes of the Regular Common Council meeting of
June 15, 2004.
As recommended by the Finance Committee
b)
Vouchers exceeding $50,000 requiring immediate action.
c)
Resolution approving contracted services agreement with Professional
Account Management LLC for collecting delinquent accounts on behalf of the City.
Resolution No. 7267-04*
d)
Notice of Claims (recommended
denial): (1) Harold Hoak, (2)
Inland Commercial and Guitar
Center, (3) Richard Bodart.
As
recommended by the Legislative & Licensing Committee
e)
Original Bartender's Licenses (see Legislative & Licensing agenda for
names).
f)
Renewal Bartender's Licenses (see Legislative & Licensing agenda for
names).
g)
Original Class B Beer License:
Chipotle Mexican Grill, Inc., d/b/a Chipotle Mexican Grill,
3705 N. 124th St.
and
15375 W. Bluemound Rd., Agent – Nathan Heeney
(two locations).
h)
Fireworks User Permit:
Westmoor Fest at the Westmoor Country Club;
Sunday, September 5, 2004;
5:00-10:00 p.m.; RKM Fireworks Company (pyrotechnition).
i)
New Agents for the Class B Combination Beer (malt) and Alcohol Licenses:
(1) Leann Chin, Inc., d/b/a Chin's Asia Fresh, 17550A W. Bluemound Rd., Agent-John Panke; (2)
Stenz Griesell Smith Post 449, d/b/a American Legion Post 449, 3245 N. 124th
St., Agent-William I. Simon.
k)
No action on the Ordinance amending Section 2.04.080 of the Municipal
Code concerning the Council President's appointment of the chairperson to the
Information Technology Subcommittee. (Tabled
at the Legislative & Licensing Committee)
As
recommended by the Personnel Committee
l)
Ordinance amending Ordinance No. 1936-03, the Salary Ordinance,
reallocating the titles of City Clerk and Deputy City Clerk and to create the
title of Administration and Licensing Clerk.
Ordinance No. 1969-04*
m)
Ordinance amending Ordinance No. 1938-03, the 2004 Positions Ordinance,
to authorize the re-titling of one position (Secretary to Administration and
Licensing Clerk in the Clerk's Office).
Ordinance No. 1970-04*
As
recommended by the Plan Commission
n)
Approve actions and recommendations of the Plan Commission as represented
in the July 12, 2004, minutes –
action only on the June 17,
2004, Plan Review Board minutes.
o)
Approve actions and recommendations of the Plan Commission as represented
in the June 21, 2004, minutes
except for Items #2, 4, and 7 with special consideration given to:
1. • P.C. Item #1: Request
of St. John Vianney Parish, 1755 N. Calhoun Rd.,
Brookfield, WI 53005, Wayne Grosklaus, Plant Engineer, to approve a conditional
use for the purpose of allowing a revised plan and method of operation
permitting erection of a 48" black vinyl coated, chain link fence adjacent to
the west playground.
♦ Ordinance granting
a conditional use for the purpose of allowing a revised plan and method of
operation permitting erection of a 48" black vinyl coated, chain link fence
adjacent to the west playground.
Ordinance No. 1971-04*
2. • P.C. Item #8:
Recommendation to modify the requirements for "Limited Food
Establishments" in the Zoning Code.
(Ordinance was taken out of the Consent Agenda.)
3.
Approval of the balance of actions and recommendations of the Plan
Commission as represented in the June 21, 2004, minutes
except for Items #2, 4, and 7 and Item #3 of the Plan Commission which was taken
out of the Consent Agenda for special consideration.
As
recommended by the Board of Public Works
p)
Resolution awarding the bid for the Rosedale Storm Sewer Project
#SW-04-04 to Wanasek Corporation for $337,135.
Resolution No. 7268-04*
r)
Resolution approving a Storm Drainage Easement for the drainage swale
located on Lot 1, redivision of Parcel 1, CSM 1434, between the City
of Brookfield
and Melvyn and Dorothy Feder.
Resolution No. 7269-04*
As
recommended by the Sewer & Water Board
s)
Final Resolution levying water main assessments:
(1) 15450 Fieldstone Drive, TKN 1063-005,
$11,450.00 -
Final Resolution No. 7270-04*;
(2) 4435 Cherokee Drive, TKN 1022-002,
$1,960.16 –
Final Resolution No. 7271-04*;
(3) 15340 Pomona Rd., TKN 1062-151, $1,531.58 –
Final Resolution No. 7272-04*.
t)
Resolution approving the Perpetual Water Main Easements between the City
of Brookfield and the following:
(1) Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter
Day Saints, 755 Woelfel Road, TKN 1118-994 –
Resolution No. 7273-04*; (2) Grove Homeowners Condominium Association -
Resolution No. 7274-04*
u)
Resolution approving the Dedication of Public Facilities water
distribution system in the Grove Condominiums.
Resolution No. 7275-04*
v)
Resolution approving the Water Service Agreement between the City of Brookfield
and the Corporation of the Presiding Bishop of the Church of Jesus Christ of
Latter Day Saints, 755 Woelfel Road, TKN 1118-994.
Resolution No. 7276-04*
w)
Resolution approving a sanitary sewer, water main and public access
easement agreement on the Wexford Heights property for the Woodberry Village
development project.
Resolution No. 7277-04*
Items
Removed from the Consent Agenda
j)
Alderman Mahkorn moved adoption of the Ordinance amending Section
5.36.050, Regulation of Direct Sellers and Solicitors, relative to a permit
period for Ice Cream Vendors. The
motion was seconded by Alderman Kilkenny.
A roll call vote was taken and carried unanimously.
Ordinance No. 1973-04*
o2)
Alderman Mahkorn moved adoption of the Ordinance amending Section
17.04.020, 17.60.010 and 17.64.010 of the Zoning Code relating to "Limited Food
Establishments". The motion was
seconded by Alderman Owen. A roll
call vote was taken and carried unanimously.
Ordinance No. 1972-04*
o3
(Item 3 of the Plan Commission Minutes – Deer Creek Plaza) Special
consideration of the actions and recommendations of the Plan Commission as
represented in the June 21, 2004, minutes – Item #3, Request of JBK Properties,
Inc., Attn: John Kuhn, 7040 N. Port Washington Rd., Suite 420, Glendale, WI
53217, to
approve a new plan and method of operation for a traditional suburban retail
development at 17100 W. Greenfield
Ave., Brookfield, WI 53005.
The Plan
Commission recommended to approve the new plan and method of operation for a
traditional suburban retail development at this location subject to the
conditions listed on pp. 5-6 of the minutes, with the following modifications:
#5: Landscaping will be
crowned to a height of up to 18" as long as it doesn't obstruct drainage.
Additional evergreen screening will be installed around dumpsters.
#15: Remove the word
"possibly" from the following: "… possibly extending the sidewalk along
Calhoun Road to the north property boundary" and
substituting words to the effect of "as determined by the City Engineer."
#17: Developer to escrow the
amount to construct a frontage road and left-turn bay in the median servicing
the future eastern driveway to be constructed by May 15, 2006.
Said amount would be refunded to the developer if the frontage road is
constructed prior to that date.
Alderman
Mahkorn moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Wentz and carried unanimously.
q)
Alderman Heinrich moved approval of the Relocation Order and Resolution
of Necessity to purchase right-of-way for the Calhoun Road project from Gebhardt Road to Wisconsin Avenue
(re-adoption from the March
16, 2004, meeting). The
motion was seconded by Alderman Ponto and carried Ayes 11, Nays 2 with Aldermen
Kilkenny and Blackburn voting nay.
Resolution No. 7278-04*
x)
Alderman Brunner moved to table the Council President's Appointment:
Alderman Scott Berg, Chairperson, of the Information Technology
Subcommittee. The motion was
seconded by Alderman Kilkenny and carried unanimously.
COUNCIL AS A WHOLE
Alderman
Brunner moved approval of the Agreement between the City of Brookfield, Waste
Management of Wisconsin, and NFI Properties, regarding liability, defense costs,
and insurance issues arising out of the development of the Shire.
The motion was seconded by Alderman Garvens.
Alderman
Kilkenny moved to table the Agreement.
The motion was seconded by Alderman Blackburn and failed Ayes 2, Nays 11
with Aldermen Kilkenny and Blackburn
voting Aye.
The
motion to approve the Agreement carried Ayes 12, Nays 1 with Alderman Blackburn
voting nay.
Alderman Brunner
moved approval of the Resolution relative to the Indemnification Agreement
between the City of Brookfield and Waste Management, Inc. for the
Preliminary Plat approval of the "Shire".
The motion was seconded by Alderman Mahkorn.
Alderman
Brunner moved to table the Resolution.
The motion was seconded by Alderman Wentz and carried unanimously.
FINANCE COMMITTEE
Alderman
Garvens moved to table the Resolution approving member services agreement with
the Wisconsin Local Government Telecommunications Coalition and retention of
Whyte Hirschboeck Dudek as legal counsel related to the City's involvement in
the Coalition. The motion was
seconded by Alderman Wentz and carried unanimously.
BOARD OF PUBLIC WORKS
Alderman Heinrich
moved approval of the Resolution amending the Official Traffic Control Map to
remove "No Parking Anytime" signs on a portion of Camden Lane.
The motion was seconded by Alderman Ponto and carried unanimously. The
Council directed staff to determine if fewer signs could be used to produce the
same result.
Resolution No. 7279-04*
SEWER AND WATER BOARD
Alderman
Ponto moved approval of the Resolution authorizing agreements to settle
outstanding option assessments.
The motion was seconded by Alderman Berg and carried unanimously.
Resolution No. 7280-04*
Alderman Ponto
moved adoption of the Ordinance repealing and recreating Chapter 13.16 of the
Municipal Code relating to the Sewer Service System.
The motion was seconded by Alderman Berg.
A roll call vote was taken and carried unanimously.
Ordinance No. 1974-04*
COUNCIL AS A WHOLE
Alderman
Brunner moved approval of the Memorandum of Understanding with the State of
Wisconsin Department of Transportation regarding transportation improvements
relative to the Fountain Square
development. The motion was
seconded by Alderman Heinrich and carried unanimously.
Resolution No. 7281-04*
Alderman Brunner
moved approval of the Resolution requiring the televising of Plan Commission
meetings on cable television. The
motion was seconded by Alderman Kilkenny.
Alderman Ponto
moved to table the Resolution and refer the matter to the Plan Commission.
The motion was seconded by Alderman Mahkorn and carried Ayes 8, Nays 5
with Aldermen Sutton, Kilkenny, Berg, Blackburn
and Schellinger voting Nay.
The
next item was the request for items to be referred from Alderman Blackburn,
which is a Resolution amending the
Calhoun Road South Neighborhood Plan – Node Land Use and Transportation Plan
to exclude the building of multi-family residential development in District J.
This item will be considered by the Plan Commission on July 26.
The
following requests for referrals were made by Council Members:
Alderman
Blackburn
requested a Resolution be addressed that amend the Calhoun Road South
Neighborhood Plan – Node Land Use and Transportation Plan.
The item will be referred to the
Plan Commission.
Alderman Wentz
asked for guidelines on emails between Aldermen and how they pertain to the open
meetings policy.
The request for guidelines will be
referred to the City Attorney’s office.
The tabled
Strategic Planning Session (26th Common Council Draft Strategic Plan)
remained on the table and will be considered as a priority on the next Common
Council agenda on August 17th, from
5:00
to 7:00 p.m.
Alderman Kilkenny
moved to adjourn the meeting. The
motion was seconded by Alderman Sutton and carried unanimously.
10:52 p.m.
Kristine
A. Schmidt, City Clerk
* May
be viewed in the City Clerk’s Office.