April 4, 2006
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 COMMON COUNCIL MEETING OF
THE 26TH COMMON COUNCIL, HELD AT
6:30 P.M.,
TUESDAY,
APRIL 4, 2006, 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, Christopher Blackburn, Mark Nelson, James Garvens, Ron Balzer, Mike
Franz, Richard Brunner, Cindy Kilkenny
ALDERMEN ABSENT & EXCUSED:
Jim Heinrich
ALSO PRESENT:
City Attorney Vince Moschella, Director of Administration Dean Marquardt,
City Clerk Kristine Schmidt, Director of Public Works Tom Grisa, Director of
Finance Robert Scott, Director of Human Resources Jim Zwerlein, Director of
Community Development Dan Ertl, Director of Information Technology Kevin Beck,
Director of Parks & Recreation Bill Kolstad
Mayor Jeff Speaker called the Common Council to order
at approximately 6:30 p.m.
The
next Common Council meeting will be April 18th.
No
one spoke from the audience during the 15 minute segment set aside for citizens
to address the Council.
Mayor
Jeff Speaker led the Common Council in the Pledge of Allegiance to the American
Flag. A moment of silence was
observed in memory of William Mitchell,
Brookfield's mayor from 1976 to 1986.
ACTIONS OF THE COMMON COUNCIL
CONSENT
AGENDA
Aldermen Ponto moved approval of the items on the Consent Agenda, except
for Items 2, 3, 4, 6 and 10. The motion
was seconded by Alderman Brunner and carried unanimously.
Recorded as a roll call.
1)
Minutes from the Regular Common Council meeting of
March 21, 2006.
Actions and recommendations
of the Plan Commission contained in the minutes of March 27, 2006
2)
Removed from the Consent Agenda.
3)
Removed from the Consent Agenda.
4)
Removed from the Consent Agenda.
5)
• P.C. #3: Request of
Brookfield Ventures II, LLC for preliminary and final plat approval of Weston
Highlands II, a re-division of Outlots 2, 4, 5 and 6 of Weston Highlands and
unplatted lands consisting of five lots and two outlots located at the terminus
of Patti Lane.
6)
Removed from the Consent Agenda.
As recommended by the Finance
Committee
7)
Vouchers exceeding $50,000 requiring immediate action.
8)
Resolution amending 2005 capital improvement fund budget requested by the
Director of Finance: increase grant
revenue a/c 605-000-460-000-083 by $66,500, and appropriate $66,500 to transfer
to other funds account 601-113-591, for purposes of recognizing DNR grant
revenues and returning previously allocated monies to the Park Development
(Greenway Corridor) fund.
Resolution No. 7551-06*
9)
Resolution amending 2004 capital improvement fund budget requested by the
Director of Finance: transfer
appropriations of $75,000 from expenditure account 604-113-700-152 (Greenway
Corridor trail system) to transfers to other funds account 604-113-591, for
purposes of returning previously allocated monies to the Park Development
(Greenway Corridor) fund.
Resolution No. 7552-06*
10)
Removed from the Consent Agenda.
11)
Resolution approving 2006 Vehicle/Equipment Replacement fund budget
amendment requested by the Director of Finance:
increase appropriation a/c 205-950-623, Fire vehicles, by $139,000, for
purposes of recording expenditures for ambulance ordered in 2005 but not
received until 2006.
Resolution No. 7553-06*
12)
Resolution approving an Agreement with Clarke Environmental Mosquito
Management, Inc. for the 2006 mosquito management program in an amount not to
exceed $175,000.
Resolution No. 7554-06*
13)
Request to deny claim of John and Mary Reif/Estate of Joshua Reif.
As recommended by the Human
Resources and Public Safety Committee
14)
Resolution approving the 2006-2007 Labor Agreement between the City of
Brookfield and Local 20, District Council 40, AFSCME, AFL-CIO, Library
Employees.
Resolution No. 7555-06*
15)
Resolution approving the 2008-2009 Labor Agreement between the City of
Brookfield and Local 20, District Council 40, AFSCME, AFL-CIO, Library
Employees.
Resolution No. 7556-06*
As recommended by the
Legislative & Licensing Committee
16)
Thirteen Original Bartender Licenses (see Legislative & Licensing agenda
for names).
17)
Change of Agent at Ultra Mart Foods, LLC; d/b/a Pick 'N Save #6397, 15170
W. Greenfield
Ave.; Scott L. Sweeney – Agent.
18)
Items removed from the Consent Agenda –
2)
• P.C. #1: Request of CBL and
Associates for approval of a zoning amendment that will apply the "M.S.O."
Modified Suburban Overlay District to a property located at 95 N. Moorland Road and a plan and method
of operation and Development Agreement for the construction of one restaurant
(7,350 sq. ft.) as an addition to the Brookfield Square Mall – Brookfield Square
Phase IV.
The Plan Commission recommended approval of plan and method
of operation and increased F.A.R. (43.9% increased to 44.41%) for the property,
as supported with the rationale stated in the minutes, subject to the listed
conditions in the minutes.
Alderman Mahkorn moved adoption of the Plan
Commission recommendation. The
motion was seconded by Alderman Owen and carried Ayes 12, Nays 1 with Alderman
Kilkenny voting nay.
3)
Alderman Mahkorn moved adoption of the Ordinance establishing the
Modified Suburban Overlay Zoning District (MSO) and matrix for the property
located at 95 N. Moorland Road, as an addition to the
Brookfield Square Mall – Brookfield Square Phase IV (Mitchell's Fish Market).
The motion was seconded by Alderman Owen.
An electronic roll call vote was taken and carried Ayes 11, Nays 2 with
Aldermen Blackburn and Kilkenny voting nay.
Ordinance No. 2052-06*
4)
• P.C. #2: Request of CBL and
Associates for approval of a Development Agreement for the construction of a
22,500 sq. ft. specialty grocery store to be located at the southeast corner of
Bluemound Road and Main Street (15875 W. Bluemound Road) – Brookfield Square
Phase III.
The Plan Commission recommended directing the Mayor and City Clerk to
execute the agreement as detailed above.
Alderman Mahkorn moved adoption of the Plan Commission
recommendation. The motion was
seconded by Alderman Owen and carried Ayes 11, Nays 2 with Aldermen Blackburn
and Kilkenny voting nay.
6)
• P.C. #4: Request of Donald
R. Krause, c/o Commonwealth Partners Ltd., for approval of a Planned Development
District – Specific Plan, Preliminary Survey, Certified Survey Map and
Development Agreement for 4065 N. Calhoun Road, PDD #12 General Plan (Mixed
Use), Fairview Centre, a PDD development consisting of 36 multiple-family
dwelling units and a 38,345 sq. ft. commercial building.
The Plan Commission recommended approval of the
specific plan, preliminary survey, certified survey map and authorize the Mayor
to execute the development agreement on behalf of the City of Brookfield subject
to the above listed conditions, as well as: (1) Include in the Development
Agreement the condition that the landscaping plan for the commercial building
has to be submitted before permits are issued for the building; and (2)
Stormwater basin limits shall be staked prior to any site disturbance.
Alderman Mahkorn moved adoption of the Plan
Commission recommendation. The
motion was seconded by Alderman Brunner.
Alderman Owen moved to amend the motion to
include in the Development Agreement "to save all living trees with a diameter
of three inches or greater." The
motion was seconded by Alderman Sutton and carried unanimously.
The motion as amended carried Ayes 11, Nays 2
with Aldermen Blackburn and Kilkenny voting nay.
10)
Alderman Garvens moved approval of the Resolution approving the 2005 general
fund amendment requested by the Director of Finance:
transfer a total of $1,000,000 from various department accounts and the
contingency appropriation to Transfers to Other Funds account 101-910-591, for
purposes of transferring $400,000 to the Employee Retirement Fund, $250,000 each
to the Public Facilities and Computer Replacement Funds, respectively, and
$100,000 to the Forestation Fund.
The motion was seconded by Alderman Ponto and carried Ayes 12, Nays 1 with
Alderman Kilkenny voting nay.
Resolution No. 7557-06*
* End of the Consent Agenda *
Sewer Board
19)
The next item was the discussion and possible action on the claim from
the Town of Brookfield dated December 8, 2005, relative to inflow and
infiltration charges until the 1996 sewer agreement.
Alderman
Berg moved to deny the claim and to instruct staff to continue discussions with
the Town of Brookfield on an amended
1996 agreement. The motion was
seconded by Alderman Garvens and carried unanimously.
Vince Moschella
submitted his resignation as City Attorney effective
April 21, 2006. He
strongly recommended that the Mayor appoint Karen Flaherty (Assistant City
Attorney) as his successor. He
recommended that the position of Assistant City Attorney be held open and not
immediately filled.
Attorney Moschella accepted a position as deputy City Attorney for the City
of Milwaukee. In the world of municipal attorneys, this was "hitting the
big time".
20)
Legislative Referrals:
a. Alderman Brunner requested
that the Finance Committee review a draft resolution to oppose TPA
legislation which should be discussed at
their next meeting to be timely.
b. Alderman Ponto requested
that the Board of Public Works review the current operation of the recycling
center.
c. Alderman Nelson requested
that the Finance Committee and/or Plan Commission consider amendments to Section
17.100.120G of the Municipal Code regarding development impact fee
administration, to adjust the provisions of the Code to comply with Act 203
passed by the Wisconsin State Legislature.
21)
Alderman Kilkenny moved to adjourn the meeting.
The motion was seconded by Alderman
Brunner and carried
unanimously. 7:15 p.m.
___________________________________
Kristine A. Schmidt, City Clerk
* May be viewed in
the City Clerk’s Office.