Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin
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May 16, 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.

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THESE ARE THE MINUTES OF A COMMON COUNCIL MEETING OF THE 27TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, MAY 16, 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, James Garvens, Mike Franz, Bill Carnell, Bob Reddin, Jerry Mellone, Lisa Mellone, Ron Balzer

 

ALDERMEN ABSENT & EXCUSED:  Mark Nelson

 

ALSO PRESENT:  Assistant City Attorney Karen Flaherty, Director of Administration Dean Marquardt, City Clerk Kristine Schmidt, Director of Public Works Tom Grisa, Director of Human Resources Jim Zwerlein, Director of Community Development Dan Ertl, Director of Finance Robert Scott


 

Mayor Jeff Speaker called the Common Council to order at approximately 8:00 p.m.

 

Alderman Bill Carnell led the Council in the Pledge of Allegiance.

 

Four people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the city policy on communication restrictions, the Mary Linsmeier School conditional use proposal, and the proposed moratorium on 124th Street and Bluemound Road,

 

The next Common Council meeting will be June 6th.


 

ACTIONS OF THE COMMON COUNCIL

 

8:20 p.m. A public hearing was heard regarding the request of the City of Brookfield Water Utility for a conditional use to house a radium filter.  Hearing ended at 8:33 p.m. (Minutes of the Public Hearing are separate from Council Minutes.)

 

CONSENT AGENDA

 

Aldermen Sutton moved approval of the items on the Consent Agenda, except for items #2, #3, #4, #5, #11, #20, #30, and #32.  The motion was seconded by Alderman Franz and carried unanimously.  Recorded as a roll call. 

 

1)         Minutes from the Regular Common Council meeting of May 2, 2006.

 

Actions and recommendations from the Plan Commission minutes of May 8, 2006

 

2)         Removed from the Consent Agenda.

 

3)         Removed from the Consent Agenda.

 

4)         Removed from the Consent Agenda.

 

5)         Removed from the Consent Agenda.

 

6)         P.C. #5:  Stone Creek Development to approve rezoning at 18415 Hoffman Avenue to "MSO-RC" Modified Suburban Overlay – Residential Cluster, a Preliminary Survey, a Final Certified Survey Map and permit a new plan and method of operation consisting of two, four-unit residential buildings and an approximate 1,881 sq. ft. addition to an existing building resulting in 11 dwelling units to be known as Hoffman House Townhomes.

 

7)         Ordinance rezoning 18315 and 18415 Hoffman Avenue "MSO-RC" Modified Suburban Overlay – Residential Cluster to permit construction of Hoffman House Townhomes, permitting two, four-unit residential buildings and 2,155 sq. ft. addition to the existing building resulting in 10 dwelling units.  Ordinance No. 2053-06*

 

8)         P.C. #6:  Roundy's Inc. to approve a revised plan and method of operation for site improvements at Pick 'N Save, 12735 W. Capitol Drive.

 

9)         P.C. #7:  Brookfield Lutheran Church, 18500 W. Burleigh Rd., for approval to schedule a conditional use public hearing allowing a revised plan and method of operation permitting an approximate 19,386 sq. ft. addition to an existing church.

 

As recommended by the Finance Committee

 

10)       Vouchers exceeding $50,000 requiring immediate action.

 

11)       Removed from the Consent Agenda.

12)       Request to deny claim of Stacey Blegen, 5507 N. 106th St.

 

13)       Resolution approving General Fund Budget amendments requested by the Director of Finance to implement the provisions of the 2006 salary ordinance, provisions of certain union contracts, and adjust budgeted 2006 health insurance and retirement health savings costs.  Resolution No. 7579-06*

 

14)       Resolution approving Sewer and Water Utility fund budget amendments requested by the  Director of Finance to implement the provisions of the 2006 salary ordinance, provisions of certain union contracts, and adjust budgeted 2006 health insurance and retirement health savings costs.  Resolution No. 7580-06*

 

15)       Resolution approving Economic Development and Emergency Medical Services Training special revenue fund budget amendments requested by the  Director of  Finance to implement the provisions of the 2006 salary ordinance and adjust budgeted 2006 health insurance and retirement health savings costs.   Resolution No. 7581-06*

 

16)       Resolution approving Fleet Services fund budget amendments requested by the Director of Finance to implement the provisions of the 2006 salary ordinance, provisions of certain union contracts, and adjust budgeted 2006 health insurance and retirement health savings costs.  Resolution No. 7582-06*

 

17)       Resolution approving Health Insurance internal service fund budget amendment requested by the Director of Finance to reflect expected City, employee and retiree contributions for the 2006 health insurance program and expected claims costs.  Resolution No. 7583-06*

 

18)       Resolution approving public depositories for the City of Brookfield.  Alderman Ponto abstained.  Resolution No. 7584-06*

 

19)       Resolution approving authorized broker/dealers for City of Brookfield investments.  Resolution No. 7585-06*

 

20)       Removed from the Consent Agenda.

 

As recommended by the Legislative & Licensing Committee

 

21)       Five Original Bartender Licenses (see Legislative & Licensing Committee agenda for names).

 

22)       Eighteen Renewal Bartender Licenses (see Legislative & Licensing Committee agenda for names).

 

23)       Temporary Class B Beer and Wine Licenses:

            a.         Elmbrook Rotary Club for the Volleyball Spiketactular; June 10, 2006; 7 a.m. – 4 p.m. (beer serviced 12 – 4 p.m.); at Mitchell Park Pavilion.

 

            b.         St. John Vianney Parish for their Parish Festival; June 9 – 5:00 p.m. to 11:30 p.m., June 10 – 9:00 a.m. to 11:30 p.m.; and June 11 – 12:00 Noon to 8:30 p.m.; at the church parking lot.

 

            c.         Elmbrook Historical Society for their 25th Anniversary Gala; June 24; 5:30 – 9:30 p.m.; at 1075 Pilgrim Parkway.

 

24)       Original and Renewal Class B Combination Beer and Liquor License:  Fiesta Garibaldi of Johnson Creek, LLC; d/b/a Fiesta Garibaldi; 2205 N. Calhoun Rd.; Agent: Jose Rebollar.  (Original license June 15-30, 2006, and Renewal license July 1, 2006June 30, 2007)

 

25)       Renewal Class B Beer license (6 month license):  Brookfield Jaycees, 2585 Pilgrim RoadWirth Park.

 

26)       Renewal Class B Combination Beer & Liquor license:

            a.  Brookfield Hills Golf Course, 16075 Pinehurst Dr.

            b.  Ellen Zilli's Catering, 19805 W. Capitol Dr.

            c.  Sticks & Stones, 2300 Pilgrim Square Rd.

            d.  TGI Fridays, 17430 W. Bluemound Rd.

            e.  V. Richards, 17165 W. Bluemound Rd.

 

As recommended by the Board of Public Works

 

27)       Resolution approving the Dedication of Public Facilities for "From Hair On" located on Greenfield Avenue:  storm sewer drainage system.  Resolution No. 7586-06*

 

As recommended by the Water and Sewer Board

 

28)       Resolution approving the Dedication of Public Facilities for "From Hair On" located on Greenfield Avenue:  sanitary sewer system.  Resolution No. 7587-06*

 

29)       Preliminary Resolution levying special assessments for water main:  Calhoun Road-Lisbon Road Water Main Project #W-06-03.  Preliminary Resolution No. 7588-06*

 

30)       Removed from the Consent Agenda.

 

31)       Resolution approving the Perpetual Water Main Easement for the Dominic Heights Wells Blending Water Main between the City of Brookfield and James E. Oberling.  Resolution No. 7589-06*

 

Council As A Whole

 

32)       Removed from the Consent Agenda.


 

33)       Items removed from the Consent Agenda –

 

Actions and recommendations from the Plan Commission minutes of May 8, 2006

 

2)         P.C. #1:  McDonalds Corporation for approval to amend the Special Characteristics column of Zoning Issue Area A3 of MSO Ord. #1778, amended by MSO Ord. #2029-05, permitting phased implementation of traffic management measures, reduced building offsets, pavement setback reductions, increased permitted lot coverage and approve a conditional use ordinance, Preliminary Survey, Final Certified Survey Map and permit a two-phased, new plan and method of operation replacing 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.

 

The Plan Commission recommended approving the rezoning, preliminary survey, final certified survey map (CSM) and new plan and method of operation subject to the conditions listed in the staff report and the inclusion of an opaque fence along the east boundary of the McDonald's property.

 

Alderman Mahkorn moved adoption of the Plan Commission recommendation.  The motion was seconded by Alderman Owen and carried unanimously.

 

 

3)         Alderman Mahkorn moved adoption of the Ordinance establishing the Modified Suburban Overlay and matrices contained in Ord. #1778 and conditional use for the property located at 300 N. Moorland Road (McDonald's).  The motion was seconded by Alderman Garvens.  An electronic roll call was taken and carried unanimously.  Ordinance No. 2054-06*

 

 

4)         P.C. #4:  Mary Linsmeier Schools for approval of a conditional use at 2930-50 N. Brookfield Road, 18775 and 18735 Pleasant Street permitting a revised plan and method of operation associated with occupancy of said address by Mary Linsmeier School.

 

The Plan Commission recommended approval of the conditional use and revised plan and method of operation subject to the listed conditions in the minutes and that no "all-school" events will be held at the school.

 

Alderman Mahkorn moved adoption of the Plan Commission recommendation.  The motion was seconded by Alderman Owen and carried Ayes 9, Nays 4 with Aldermen Sutton, L. Mellone, Berg, and Franz voting nay.

  

5)         Alderman Mahkorn moved adoption of the Ordinance granting a conditional use for the purpose of permitting occupancy by Mary Linsmeier School at 2930 N. Brookfield Road and 18775-18735 Pleasant Drive.  The motion was seconded by Alderman Owen.  An electronic vote was taken and carried Ayes 8, Nay 5 with Aldermen Sutton, Berg, J. Mellone, L. Mellone, and Franz voting nay.  Ordinance No. 2055-06*


  

As recommended by the Finance Committee

 

11)       Alderman Garvens moved to deny claim of Gerald Madison, 13865 Oak Hill Lane.  The motion was seconded by Alderman Ponto and carried unanimously.

 

20)       Alderman Garvens moved approval of the Resolution awarding the sale of $6,365,000 General Obligation Corporate Purpose Bonds; providing the form of the bonds; and levying a tax in connection therewith.  The motion was seconded by Alderman Ponto and carried unanimously.  (Bond Counsel, Carol Wirth spoke to Council on sale of Bonds)  Resolution No. 7590-06*

 


As recommended by the Water and Sewer Board

 

30)       Alderman Berg moved approval of the Resolution awarding the bid for the Sanitary Sewer Manhole Rehabilitation Project #SA-06-02 to Terra Engineering and Construction Corp. for $187,041.50.  The motion was seconded by Alderman Owen and carried Ayes 12, Abstain 1 with Alderman J. Mellone abstaining.  Resolution No. 7591-06*

 


Council As A Whole

 

32)       Alderman Ponto moved approval of the Mayor's Reappointments to the Information Technology Subcommittee:  The motion was seconded by Alderman Garvens and carried unanimously.

 

a.         Alan Nosbusch – appointment expires 5/16/2008.

b.         Scott Dryburgh – appointment expires 5/16/2008.

c.         Gary Jonardi – appointment expires 5/16/2008.

 

Council President Ponto will appoint a chairman for the Committee.  The appointment does not need Council approval.

 

* End of the Consent Agenda *


 

  

Actions and recommendations from the Plan Commission minutes of May 8, 2006

 

34)       P.C. #8:  Dept. of Community Development for review and discussion of a public hearing draft ordinance language and to schedule a public hearing for the Village Area Business District.

 

The Plan Commission recommended scheduling of a public hearing for the "VAB" Village Area Business District ordinance subject to any additions or modifications identified during the meeting and as suggested by staff.

 

Alderman Mahkorn moved adoption of the Plan Commission recommendation.  The motion was seconded by Alderman Owen and carried unanimously.

 

35)       Alderman Mahkorn moved approval of the request from the Dept. of Community Development to approve the scheduling of a public hearing for proposed amendments to the definitions, conditional uses, intensive uses, floor area, and commercial illumination sections of the Zoning Code, and amendment the Zoning Code to create the Village Area Business District ordinance language all associated with the implementation of the Village Area Neighborhood Plan.  The motion was seconded by Alderman Garvens and carried unanimously.

 

36)       P.C. #9:  Dept. of Community Development for consideration of the commencement of the 124th Street and Bluemound Road Neighborhood Plan along side of the work on 124th Street and Lisbon Road Neighborhood Plan, Part 2.  Outsource one nodal plan to a consultant. And establish a moratorium on the review of zoning approvals, including amendments and plan and method of operation in the preliminary study area, south of Bluemound Road east of Columbia Boulevard. 

 

The Plan Commission recommended to continue work on the 124th Street and Lisbon Road Neighborhood Plan, start work on the 124th Street and Bluemound Road node, recommended to the Common Council to outsource one nodal plan to a consultant, and establish a moratorium upon zoning approvals (including amendments and plan and methods of operation) on properties located within the preliminary study area for the 124th Street and Bluemound Road node for a period of eighteen months.

 

Alderman Mahkorn moved approval of the Plan Commission recommendation.  The motion was seconded by Alderman Owen and carried unanimously.

 

 

37)       Alderman Mahkorn moved adoption of the Ordinance establishing a moratorium on development in a Targeted Intervention Area/Neighborhood Planning Area at 124th Street and Bluemound Road.  The motion was seconded by Alderman Owen.  An electronic vote was taken and carried unanimously.  Ordinance No. 2056-06*


 

38)       Legislative Referrals:  Alderman Mellone asked to be placed on the next agenda of the Board   of Public Works to reopen the discussion on the Calhoun Road south widening project.  He will supply questions and pictures prior to the Board’s meeting for the Staff to respond to.

 

39)       Alderman Ponto moved to adjourn the meeting.  The motion was seconded by Alderman Reddin and carried unanimously.  10:20 p.m.

 

                                                                        ___________________________________

                                                                        Kristine A. Schmidt, City Clerk

 

* May be viewed in the City Clerk’s Office.