April 18, 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 27TH COMMON COUNCIL, HELD AT 7:45 P.M.,
TUESDAY, APRIL 18, 2006,
IN THE COUNCIL CHAMBERS OF
BROOKFIELD
CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN
MAYOR JEFF SPEAKER
PRESIDING
ALDERMEN PRESENT:
Scott Berg, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Christopher
Blackburn, Mark Nelson (via telephone), James Garvens, Ron Balzer, Mike Franz,
Bill Carnell, Bob Reddin, Jerry Mellone, Lisa Mellone
ALDERMEN ABSENT & EXCUSED:
None
ALSO PRESENT:
Assistant City Attorney Karen Flaherty, 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, Economic Development
Coordinator Pat Drinan, Planning Administrator Mike Theis
Mayor Jeff Speaker called the Common Council to order at
approximately 7:45 p.m.
Milwaukee County Circuit Court Judge Joseph R.
Wall swore-in re-elected Mayor Jeff Speaker and the newly elected and re-elected
Aldermen: Bill Carnell, Bob Reddin,
James Garvens, Gary Mahkorn, Jerry Mellone, and Lisa Mellone.
The City Clerk swore-in re-elected Alderman Mark Nelson over the phone.
Alderman
Lisa Mellone's sons, Mitchell and Trevor, led
the Council in the Pledge of Allegiance.
No one spoke from the audience during the 15
minute segment set aside for citizens to address the Council.
The
next Common Council meeting will be May 2nd.
ACTIONS OF THE COMMON COUNCIL
8:10 p.m. A public hearing was heard regarding the request
of McDonalds Corporation (2nd hearing), 300 N. Moorland Road, for a conditional
use and modified suburban overlay.
Hearing ended at 8:25 p.m.
(Minutes of the Public Hearing are separate from Council Minutes.)
1.
Election of Council President.
a. Alderman Garvens moved to
nominate Steve Ponto as Council President.
The motion was seconded by Alderman Owen.
b. Alderman Franz moved to
nominate Dan Sutton as Council President.
The motion was seconded by Alderman Carnell.
c. Alderman Balzer moved to
nominate Scott Berg and Council President.
The motion was seconded by Alderman Blackburn.
Alderman Berg moved to close nominations.
The motion was seconded by Alderman Sutton and carried unanimously.
Balloting was accomplished through secret ballots as
allowed by State law. The first
ballot resulted in 7 votes for Alderman Ponto, 2 votes for Alderman Berg, and 5
votes for Alderman Sutton. The
second ballot resulted in 8 votes for Alderman Ponto, 1 vote for Alderman Berg
and 5 votes for Alderman Sutton.
Alderman Ponto was elected council president with the majority of votes.
CONSENT AGENDA
Aldermen Sutton moved approval of the items on the Consent Agenda.
The motion was seconded by Alderman Franz
and carried unanimously. Recorded as
a roll call.
2)
Minutes from the Regular Common Council meeting of
April 4, 2006.
Actions and recommendations
of the Plan Commission contained in the minutes of April 10, 2006, including the Plan Review Board
minutes of March 23, 2006
3)
• P.C. #1: Plan Review Board
recommendations of March 23, 2006:
a. PRB #1:
Garden View Development,
13035 W. Bluemound Rd., to approve scheduling a
special exception public hearing for the purpose of allowing a revised plan and
method of operation permitting second floor occupancy at said address.
b. PRB #2:
DBSI Discovery, owner, to approve scheduling a conditional use public
hearing permitting occupancy at 440
S. Executive Drive by High-Tech Institute.
c. PRB #3:
Woodland Health Care Center, for approval to schedule a conditional use
public hearing allowing a revised plan and method of operation permitting
installation of a 3,000 gallon horizontal oxygen tank with enclosure at 18740 W.
Bluemound Road.
4)
• P.C. #2: Erbary Place LLC
to approve a development agreement for Erbary Place, a seven unit single-family
detached condominium located at 18305 and 18345 Davidson Road.
5)
• P.C. #3: Hammes Company for
approval of a preliminary survey map and certified survey Map dividing
Lot
17, Certified Survey Map No. 8708 or 18500 Corporate Drive.
One new lot will be created.
6)
• P.C. #6: Richard Conley to
schedule a public hearing to establish a "PDD" Planned Development District –
General Plan (Mixed Use), (and potentially schedule public hearings to amend or
remove "FF" Flood Fringe District) for 2945-2955 N. Brookfield Road to allow the
construction of a mixed use building with first floor retail and second floor
residential in the "Village Area" business district.
7)
• P.C. #7: City of
Brookfield Water Utility for approval to schedule a
conditional use and "M.S.O." Modified Suburban Overlay District public hearing
to amend the zoning of 127 S.
Moorland Road to establish an "M.S.O." Modified
Suburban Overlay District to set dimensional zoning standards and grant a
conditional use in association with a revised plan and method of operation that
would permit construction of a 625 sq. ft. radium filter building.
As recommended by the Finance
Committee
8)
Resolution approving additional broker-dealers for City investments in
conjunction with the GFOA Yield Advantage program.
Resolution No. 7559-06*
As recommended by the Park
and Recreation Commission
9)
Resolution approving a resolution and the filing of applications to the
State of Wisconsin Dept. of Natural Resources for Outdoor Recreation Aid grants
for the Mitchell Park Trail System and Greenway Trail System projects scheduled
in 2006.
Resolution No. 7560-06*
As recommended by the Board
of Public Works
10)
Resolution vacating the storm sewer easements at the Plaza at Town
Centre, LLC.
Resolution No. 7561-06*
11)
Resolution approving the Sidewalk/Pathway Inspection and Repair Policy.
Resolution No. 7562-06*
12)
Resolution approving the perpetual Drainage Easements between the City of
Brookfield and Raymond Lemkelde, 4080 Lilly Road, and John Ziegler, 4060 Lilly
Road.
Resolution No. 7563-06*
13)
Resolution awarding the bid for the Lilly Road/Ranch Road Storm Sewer
Project #SW-06-03 to Mainline Sewer and Water for $76,505.
Resolution No. 7564-06*
14)
Resolution approving the two-party Traffic Signal Maintenance Agreement
between the Waukesha County Dept. of Public Works and the City of
Brookfield.
Resolution No. 7565-06*
As recommended by the Sewer
Board
15)
Resolution approving the Perpetual Sanitary and Temporary Construction
Easement for the Underwood Creek Interceptor Sanitary Sewer Relay and the City
of Brookfield and Bluemound Road Golf Range, Inc.
Resolution No. 7566-06*
16)
Resolution vacating the sanitary sewer easements at the Plaza at Town
Centre, LLC.
Resolution No. 7567-06*
As recommended by the Water
Board
17)
Resolution awarding the bid for the Patricia Lane, Oak Park Row and
Valley Ridge Drive Water Main Project #W-06-01 and Dominic Heights Well's
Blending Water Main Project #W-06-02 to M.J. Construction, Inc. for $877,745.60.
Resolution No. 7568-06*
18)
Final Resolution authorizing the installation of water main and levying
of special assessments: Patricia
Lane, Oak Park Row & Valley Ridge Drive Water Main Project #W-06-01.
Final Resolution No. 7569-06*
19)
Resolution approving the Perpetual Water Main Easement between B & M
Brookfield LLP (Schlossmann's Dodge, Chrysler and Jeep Dealership) and the City
of Brookfield.
Resolution No. 7570-06*
20)
Resolution approving the Perpetual Water Main Easement between Marian
Soerens Marital Trust (Soeren's Ford) and the City of
Brookfield.
Resolution No. 7571-06*
21)
Resolution vacating the water main easements at the Plaza at Town Centre,
LLC.
Resolution No. 7572-06*
Council As A Whole
22)
Vouchers exceeding $50,000 requiring immediate action.
23)
Original Bartender Licenses with no records – Kimberly McIntire,
Christine Dakins; Amy Steffen.
24)
Proclamation announcing April 28, 2006, as "Arbor
Day Celebration".
25)
No items were removed from the Consent Agenda.
* End of the Consent Agenda *
Council As A Whole
26)
Alderman Ponto moved to deny the claim of West Bend Mutual Insurance (Reif
incident). The motion was seconded
by Alderman Garvens and carried unanimously.
27)
Alderman Ponto moved approval of the request from the Fleet Division to
purchase replacement highway street sweeper from Industrial Marketing for
$159,976. The motion was seconded by
Alderman Owen and carried unanimously.
28)
Alderman Ponto moved approval of the Resolution approving 2005 general
fund budget amendment requested by the Director of Finance:
transfer a total of $9,000 from Solid Waste a/c #101-311-591 ($4,650) AND
Recycling a/c #101-321-591 ($4,350) to Library a/c #101-601-591, for purposes of
adjusting previous funds transfer for allocation of 2005 general fund surplus.
The motion was seconded by Alderman Mahkorn and carried unanimously.
Resolution No. 7573-06*
29)
Alderman Ponto moved approval of the Resolution commending William
Carnell for nearly 29 years of dedicated service to the City of
Brookfield Water Utility.
The motion was seconded by Alderman Sutton and carried unanimously.
Resolution No. 7558-06*
30)
Legislative Referrals:
a. Mayor Speaker requested
that the Human Resources & Public Safety Committee modify the positions of City
Attorney and Assistant City Attorney.
b. Alderman Berg requested of
the Board of Public Works a
review of the
signage for Colin Vue Blvd.
which requires traffic to keep right around the boulevard section of this
street: secondly he would like an evaluation of traffic on Lone Oak Circle for volume and speed.
c. Alderman Owen requested
the Legislative and Licensing Committee review Section 15.04.480 9.b. or any
related sections regarding Recreational Vehicle ordinance related to the parking
of boats on residential properties and possible "Large" boat size/height
limitations, or a general LxWxH limit on any unit under "a. Definitions".
d. Alderman Carnell requested
the Legislative and Licensing Committee review Section 8.08.130 G. regarding
private fire hydrant requirements.
e. Alderman Mahkorn requested
the Legislative and Licensing Committee review an
ordinance permitting the prosecution of adult drug paraphernalia
possession in Municipal Court..
f. Alderman Balzer requested
the Board of Public Works review the use of temporary stop and go lights at
Burleigh and Calhoun Roads.
31)
Alderman Ponto moved to adjourn the meeting.
The motion was seconded by Alderman Jerry
Mellone and carried
unanimously. 8:45 p.m.
___________________________________
Kristine A. Schmidt, City Clerk
* May
be viewed in the City Clerk’s Office.