| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
| December 20, 2005 |
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, DECEMBER 20, 2005, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN MAYOR JEFF SPEAKER PRESIDING ALDERMEN PRESENT: Scott Berg, Thomas Schellinger, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Mike Franz, Christopher Blackburn, Jim Heinrich, Cindy Kilkenny, Mark Nelson, James Garvens, Ron Balzer, Richard Brunner ALDERMEN ABSENT & EXCUSED: None ALSO PRESENT: City Attorney Vince Moschella, Director of Administration Dean Marquardt, City Clerk Kristine Schmidt, Director of Community Development Dan Ertl, Director of Public Works Tom Grisa, Director of Human Resources Jim Zwerlein, Director of Finance Robert Scott, Director of Parks & Recreation Bill Kolstad, City Engineer Jeff Chase Mayor Jeff Speaker called the Common Council to order at approximately 7:45 p.m. The next Common Council meeting will be January 3, 2006. Four people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the South Calhoun Road widening project and POW/MIA flag. Veterans led the Common Council in the Pledge of Allegiance to the American Flag. ACTIONS OF THE COMMON COUNCIL CONSENT AGENDA Aldermen Heinrich moved approval of the items on the Consent Agenda. The motion was seconded by Alderman Brunner and carried unanimously. Recorded as a roll call. 1) Minutes from the Regular Common Council meeting of December 6, 2005. Actions and recommendations of the Plan Commission contained in the minutes of December 12, 2005, including the recommendations of the Plan Review Board of November 17, 2005 2) • P.C. Item #1: Plan Review Board recommendations from the November 17, 2005, meeting –
3) • P.C. Item #2: Request of Polacheck Company on behalf of Allardt Enterprises, Car X, and Klein-Dickert, for approval of a revised plan and method of operation to reconfigure an existing one-tenant building containing a legal non-conforming use into a two-tenant building containing similar non-conforming uses, and approval of a Preliminary Survey Map and Certified Survey Map at 13170 W. Capitol Drive. No new lots will be created. 4) • P.C. Item #4: Request of Fiduciary Real Estate Development, Inc. for final approval of a final plat for Bradon Preserve, a 27 lot single-family subdivision located at 19545 W. Lisbon Road, Tax Key Numbers 1026.998 and 1026.999. Included is a request to approve streetyard and stormwater detention basin landscape plans and approve a development agreement. 5) • P.C. Item #6: Request of Briohn Building Corp. for removal fo a condition for certificate of occupancy for the "NPQ" building under construction at Towne Center, North Brookfield Road/West Capitol Drive. 6) • P.C. Item #7: Request of McDonalds Corporation for approval to schedule public hearings amending the Special Characteristics column of Zoning Issue Area A3 of MSO Oridnance No. 1778, amended by MSO Ordinance No. 2029-05, permitting phased implementation of traffic management measures, reducing building offsets, pavement setback reductions, increasing the permitted lot coverage and approving a conditional use that would permit a two phased replacement of the existing fast food restaurant with drive-thru at 300 N. Moorland Road with a 5,351 sq. ft. fast food restaurant with drive-thru and seasonal outdoor seating. 7) • P.C. Item #9: Request of Wis. Dept. of Natural Resources and the City of Brookfield Dept. of Parks, Recreation and Forestry for approval to schedule a conditional use public hearing for permission to erect up to ten artificial nesting platforms for great herons on City-owned land located at approximately 19400 W. Capitol Drive. As recommended by the Finance Committee 8) Vouchers exceeding $50,000 requiring immediate action. 9) Resolution approving 2006 service agreement between the City of Brookfield and the Elmbrook Humane Society, Inc. Resolution No. 7507-05* 10) Resolution approving 2005 budget amendment requested by the Director of Public Works: transfer $20,500 from Contingency account 101-910-590 to Highway Division expenditure account 101-307-003-524, for purposes of purchasing additional ice and snow control materials, and authorizing additional material purchases if necessary. Resolution No. 7508-05* 11) Resolution approving the Legal Services Agreement between Attorney E. Joseph Kershek and the City of Brookfield beginning January 1, 2006, and ending December 31, 2006. Resolution No. 7509-05* 12) Approval of settlement of claim from Kenneth Moe, 16035 Raven Rock Road. As recommended by the Human Resources & Public Safety (HRPS) Committee 13) Resolution approving the 2005-2006 Labor Agreement between the City and the Local 20, District Council 40, AFSCME, AFL-CIO, DPW, Maintenance, Parks and Forestry employees. Resolution No. 7510-05* 14) Resolution approving the 2007-2009 Labor Agreement between the City and the Local 20, District Council 40, AFSCME, AFL-CIO, DPW, Maintenance, Parks and Forestry employees. Resolution No. 7511-05* As recommended by the Legislative & Licensing Committee 15) Six Original Bartender Licenses and tabled one license (see Legislative & Licensing agenda for names). 16) Original Class A Combination Beer and Liquor License to Ultra Mart Foods, Inc., d/b/a Pick 'N Save #6397, 15170 W. Greenfield Ave.; Rebecca G. Rusecki – Agent. 17) Original Class B Beer License to Pinto's LLC, d/b/a Pinto's Mexican Grill, 2205 N. Calhoun Rd.; Joshua Valentine – Agent. 18) Ordinance amending Section 12.24.020 C.1. of the Municipal Code regarding managed Wild Animal Control Programs. Ordinance No. 2036-05* As recommended by the Board of Public Works 19) Resolution approving a Drainage Easement between the City of Brookfield and John and Patricia Egloff, 4290 Cherokee Drive. Resolution No. 7512-05* As recommended by the Board of Public Works 20) Resolution approving the agreement with WRT & RMD for radium treatment at the Brookfield Square well site. Resolution No. 7513-05* Council As A Whole 21) No items were removed from the Consent Agenda. End of the Consent Agenda Human Resources & Public Safety (HRPS) Committee 22) Alderman Ponto moved approval of the Resolution approving a Financial Policy regarding Vehicle Usage, Mileage Reimbursement and Auto Allowance. The motion was seconded by Alderman Owen. Alderman Brunner moved to refer back to the Human Resources and Public Safety Committee the Resolution approving the Financial Policy regarding Vehicle Usage, Mileage Reimbursement and Auto Allowance. The motion was seconded by Alderman Kilkenny and carried 10 ayes and 4 nays, Aldermen Owen, Garvens, Ponto, an Mahkorn voting no. Legislative and Licensing Committee 23) Alderman Mahkorn moved approval to direct staff to fly the POW/MIA flag 365 days a year and etch the POW/MIA flag into the granite of the memorial. The motion was seconded by Alderman Sutton. Alderman Mahkorn moved to amend the motion to eliminate the etching into the granite of the memorial and to instead incorporate signage explaining the POW/MIA flag. The flag is to be flown everyday of the year. The motion was seconded by Alderman Franz and carried unanimously. The motion as amended carried Ayes 13, Nays 1 with Alderman Ponto voting no. Board of Public Works 24) Alderman Heinrich moved approval of the recommendation from the Board of Public Works to widen Calhoun Road between Greenfield Avenue and Bluemound Road in accordance with the modified refined design. The motion was seconded by Alderman Ponto. Alderman Heinrich moved to amend the main motion by adding the following language to the end of the motion, "and further direct staff to minimize the auxiliary lane on the east side of Calhoun Road as much as possible while still meeting federal design standards." The motion was seconded by Alderman Garvens and carried unanimously. Alderman Blackburn moved to further amend the motion "to direct staff and consultant to design a road that would remove the auxiliary lanes and limit the right-of-way to no more than 100 feet." The motion was seconded by Alderman Kilkenny and failed Ayes 4, Nays 10 with Aldermen Kilkenny, Sutton, Blackburn, and Schellinger voting aye. Alderman Heinrich moved to reduce the terrace area from 8 to 5 feet north of I-94 reducing the width of road cross section by approximately 6 feet. The motion was seconded by Alderman Ponto and carried 12 Ayes 2, Nays with Aldermen Brunner and Schellinger voting no. Alderman Nelson moved to refer the item back to the Board of Public Works. The motion was seconded by Alderman Blackburn and carried Ayes 9, Nays 5 with Aldermen Brunner, Owen, Garvens, Ponto and Franz voting no. 26) Alderman Berg moved to take Item #26 out of order – discussion and possible action on an Ordinance setting the Mayor's compensation for 2007 through 2010. The motion was seconded by Alderman Sutton and carried Ayes 13, Nays 1 with Alderman Owen voting nay. Alderman Brunner moved adoption of the Ordinance setting the Mayor's compensation for 2007 through 2010 at $93,417 for each of those years. The motion was seconded by Alderman Heinrich. Alderman Kilkenny moved to strike the reference Section II (b), "City provided automobile or automobile allowance of $200/month." The motion died for a lack of a second. An electronic roll call vote was taken and failed 5, Nays 9 with Aldermen Brunner, Balzer, Blackburn, Schellinger and Franz voting Aye. 25) Alderman Brunner moved to override the Mayor's veto of Ordinance No. 2035-05 relating to the Mayor's compensation for 2007 through 2010. (Override requires 10 votes.) The motion was seconded by Alderman Ponto. An electronic vote was taken and lost Ayes 10 Nays 4 with Aldermen Kilkenny, Balzer, Schellinger, and Franz voting no. Ordinance No. 2035-05, adopted by the Common Council on December 6, 2005, is effective after publication. Ordinance No. 2035-05*
27) Alderman Brunner moved approval to scheduling a Special Common Council meeting on January 3, 2006 at 7:00 p.m. The motion was seconded by Alderman Ponto and carried unanimously. 28) Legislative Referrals: a. Alderman Blackburn requested a review of what is done when landscaping, required by the Plan Commission, dies out and is not replaced. b. Alderman Brunner referred to the Legislative & Licensing Committee amendments to Section 2.04.140 incorporating the use of electronic voting and Section 2.04.160 incorporating the use of the electronic request to speak into the language of that section. 29) Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Brunner and carried unanimously. 11:20 p.m. ___________________________________ Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk’s Office. |