Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin
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June 6, 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, JUNE 6, 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, Mark Nelson

 

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 Human Resources Jim Zwerlein, Director of Community Development Dan Ertl, Director of Finance Robert Scott, Director of Information Technology Kevin Beck

 

Mayor Jeff Speaker called the Common Council to order at approximately 7:55 p.m.  There was a moment of silence to honor the memory of the 62nd anniversary of the D-Day invasion.


 

Alderman Bob Reddin 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.

 

Kevin Shafer, Executive Director from the Milwaukee Metropolitan Sewerage District (MMSD) gave a presentation on the progress of the 2020 Facilities Plan.  The handouts may be viewed in the City Clerk's Office.

 

The next Common Council meeting will be June 20th.


     

ACTIONS OF THE COMMON COUNCIL

 

8:15 p.m. A public hearing was heard regarding the request of Metropolitan Development and Village of Brookfield Prop LLC (owner) to rezone land at 2945-55 N. Brookfield Road from B-1 to PDD.  Hearing ended at 9:22 p.m. (Minutes of the Public Hearing are separate from Council Minutes.)


 

CONSENT AGENDA

 

Alderman Ponto moved approval of the items on the Consent Agenda, except for item #10.  The motion was seconded by Alderman Owen and carried unanimously.  Recorded as a roll call. 

 

1)         Minutes from the Regular Common Council meeting of May 16, 2006.

 

2)         Minutes of the Special Common Council meeting of May 23, 2006.

 

Actions and recommendations from the Plan Commission minutes of May 22, 2006

 

3)         P.C. #1:  Request of Roundy's Inc., to approve a revised plan and method of operation for the exterior building design for the Pick 'N Save at 12735 W. Capitol Drive, Brookfield.

 

4)         P.C. #2:  Request of Briohn Building for approval of an extension of the expiration date of the approval of Specific Plan/plan and method of operation for the construction of the "L" building at "Sendik's Towne Centre" from June 21, 2006, to December 31, 2006 – a 6,680 sq. ft. single-story restaurant to be located west of Brookfield Road and south of Capitol Drive.

 

5)         P.C. #4:  Request of Capitol Progression for approval to schedule a public hearing to amend the matrix of MSO Ordinance No. 1692 as it pertains to the Use Variations, removing new or expanded fuel/gasoline sales and adding a free-standing, dine-in restaurant at 18350 W. Capitol Drive and amending the zoning permitting an intensive use, restaurant.  Included is a request to amend the "local business" land use recommendation for 18350 W. Capitol Drive of the Capitol Drive Corridor Study II – 1999 to include free-standing, dine-in restaurant.

 

6)         P.C. #7:  Amendments to the text of the previously authorized public hearing draft of an ordinance that would create the "V.A.B." Village Area Business District, including potential amendments to use, building, parking and area regulations.

 

As recommended by the Finance Committee

 

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

 

8)         Resolution awarding the contract for the purchase of website redesign, hosting services, and a content management system between the City of Brookfield and Icon Enterprises (d/b/a CivicPlus).  Resolution No. 7592-06*

 

9)         Request of the Fleet Division to purchase replacement patrol truck equipment from AM Truck Equipment for $59,965.

 

10)       Removed from the Consent Agenda.

 

11)       Resolution amending 2006 Vehicle/Equipment Replacement fund budget requested by the Fire Chief:  increase Fire Department equipment expenditure account 205-950-624 by $3,325, for purposes of funding fire hose replacement costs.  Resolution No. 7593-06*

 

As recommended by the Legislative & Licensing Committee

 

12)       Ten Original Bartender Licenses (see Legislative & Licensing Committee agenda for names).

 

13)       Fifteen Renewal Bartender Licenses (see Legislative & Licensing Committee agenda for names).

 

14)       Temporary Class B Beer and Wine Licenses:

 

            a.         St. Dominic Catholic Church for their 50th Year Golden Jubilee

                        June 25th, from 12:00 p.m. to 9:00 p.m.

                        18255 W. Capitol Drive

            b.         St. Dominic Catholic Church for Dominic Days

                        July 14th; 5:00 p.m. to 11:30 p.m.

                        July 15th; 5:00 p.m. to 11:30 p.m.

                        July 16th; 10:00 a.m. to 6:00 p.m.

                        18255 W. Capitol Drive

 

15)       Renewal Class B Beer & Class C Wine Licenses:

            a.         Noodles & Company, 17000 W. Bluemound Rd., Unit H

            b.         Nothing But Noodles, 15455 W. Bluemound Rd., Suite 290

 

16)       Renewal Class B Beer License:

            a.         Rocky Rococo, 95 N. Moorland Rd.

 

17)       Renewal Class A Combination Beer & Liquor Licenses:

            a.         Sendik's, 18985 W. Capitol Dr.

            b.         Sentry Foods – Hampton, 13255 W. Hampton Ave.

            c.         Westbrook Beverage Center, 13430 W. Greenfield Ave.

 

18)       Renewal Class B Combination Beer & Liquor Licenses:

            a.         Belle's Castle Inn, 13170 W. Greenfield Ave.

            b.         The Bowary Sports Eatery, 14640 W. Capitol Dr.

            c.         Brookfield Suites Hotel, 1200 S. Moorland Rd.

            d.         Chin's Asia Fresh, 17550 W. Bluemound Rd., #60

            e.         Mr. B's – A Bartolotta Steakhouse, 17700 W. Capitol Dr.

            f.          Rita Rae's, 16760 W. Greenfield Ave.

            g.         Ritter's Inn, 12525 W. North Ave.

            h.         American Legion Post 449, 3245 N. 124th St.

            i.          Bluemound Bowl, 2935 W. Bluemound Rd.

            j.          Chili's Grill & Bar, 17915 W. Bluemound Rd.

            k.         Saffron Indian Bistro, 17395 D-1 W. Bluemound Rd.

            l.          Boulder Junction, 12550 W. Burleigh Rd.

            m.        Peach Garden Restaurant, 2345 N. 124th St.

            n.         Westmoor Country Club, 400 S. Moorland Rd.

 

19)       Ordinance amending Section 9.16.030 A. and B. of the Municipal Code relating to possession of drug paraphernalia.  Ordinance No. 2057-06*

 

Council As A Whole

 

20)       Resolution supporting agreements between the City of Brookfield and the Wisconsin State Elections Board regarding use of the Statewide Voter Registration System (SVRS).  Resolution No. 7594-06*

 

21)       Items removed from the Consent Agenda –

 

10)       Alderman Garvens moved approval of the Resolution approving the contract with Bast Auction Service regarding disposal of surplus municipal property.  The motion was seconded by Alderman Reddin and carried unanimously.  Resolution No. 7595-06*

 

* End of the Consent Agenda *


 

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

 

22)       P.C. #2:  Proposed annexation of approximately 41 acres of land located along Gumina Road in the Town of Brookfield to the City of Brookfield and establishing temporary zoning of said lands.

 

            The Plan Commission recommended approval of the annexation petition and establish a temporary zoning of "O&LI" Office and Limited Industry, Flood Fringe, Wetland, Shoreland Protection, and Conditional Use for day care.

 

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

 

 

Actions and recommendations from the Plan Commission minutes of May 22, 2006

 

23)       P.C. #6:  Revision to "temporary zoning" that would apply to lands contained in a proposed annexation of approximately 41 acres of lands located north of Capitol Drive and east of Springdale Road from the Town of Brookfield.

 

The Plan  Commission recommended to amend the previously approved annexation petition to add and establish a temporary zoning of the “MSO” Modified Suburban Overlay – Cluster Suburban to all properties and “CU” Conditional Use for telecommunications on 21185 Gumina Road.

 

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

 

24)       Alderman Mahkorn moved adoption of the Ordinance annexing approximately 41 acres of land located north of Capitol Drive and east of Springdale Road from the Town of Brookfield to the City of Brookfield (Johnson/Gumina Road).  The motion was seconded by Alderman Garvens.  An electronic roll call was taken and carried unanimously 14-0.   Ordinance No. 2058-06*


 

 Council As A Whole

 

25)       Alderman Ponto moved approval of the Mayor's Appointment.  The motion was seconded by Alderman Nelson and carried unanimously.

 

Plan Commission – Kevin C. Wahlgren – To fulfill the unexpired term of a member who will be resigning July 31, 2006; new appointment effective August 1, 2006; appointment will expire May 1, 2008.

 

26)       Alderman Ponto moved approval of the Mayor's Re-appointment.  The motion was seconded by Alderman Nelson and carried unanimously.

 

Library Board – Gordon K. Miller – Three year term expiring July 1, 2009.

 

 

27)       Legislative Referrals: 

a.         Mayor Speaker asked that the Plan Commission review the impact fees in the City code in view of the new state law relative to impact fees. 

b.         Alderman Jerry Mellone advised he would be making some changes to his referral relative to the request for a review of the Calhoun Road design.

 

 

28)       Alderman Ponto moved to adjourn the meeting.  The motion was seconded by Alderman Garvens and carried unanimously.  9:30 p.m.

 

                                                                        ___________________________________

                                                                        Kristine A. Schmidt, City Clerk

 

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