| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
July 18, 2006
Click here to download a PDF file of the official minutes.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.
COUNCIL PRESIDENT
STEVE PONTO PRESIDING, in the absence of Mayor Jeff Speaker
ALDERMEN ABSENT & EXCUSED:
None
ALSO PRESENT:
Council President Steve Ponto called the Common Council to
order at approximately
City Assessor Bob Lorier, Deputy City Assessor Denise Neumann, and GIS Coordinator Jennifer Reek presented an overview of the 2006 City-wide Revaluation. (A copy of the presentation can be viewed in the City Clerk's Office.)
Alderman James Garvens led the Council in the Pledge of Allegiance.
Two individuals spoke from the audience during the 15 minute
segment set aside for citizens to address the Council.
Both individuals made comments relative to the rezoning of
ACTIONS OF THE COMMON COUNCIL
CONSENT AGENDA
Alderman Sutton
moved approval of the items on the Consent Agenda, except for items #2, #3, and
#15. The motion was seconded by Alderman
J. Mellone and carried unanimously.
Recorded as a roll call.
1)
Minutes from the Regular Common Council meeting of
Actions and recommendations from the
Plan Commission minutes of
2)
Removed from the Consent Agenda.
3)
Removed from the Consent Agenda.
4)
• P.C. #5: Request to
schedule a public hearing for a proposed ordinance modifying the regulations
related to the enforcement of conditions of zoning approvals through Development
Agreements and plan and method of operation.
Actions and recommendations from the
Plan Commission minutes of July 10, 2006, including the
Plan
Review Board minutes of
5)
• P.C. #1: Plan
Review Board minutes of
a. • PRB #1:
New Perspectives Fund to approve scheduling a conditional use public
hearing for the purpose of amending conditional use Ord. #1405 permitting a
change in ownership and identity of the CBRF license and amending the approved
plan and method of operation for the facility at 16690 and 16720 W. Greenfield
Avenue.
b. • PRB #2:
Weston Highlands II for approval of a Development Agreement, a redivision
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.
c. • PRB #3:
d. • PRB #5:
McDonalds Corporation for approval of a Development Agreement and fence
at
e. • PRB Sign Request #A1:
McDonalds,
f. • PRB Sign Request #A2:
McDonalds,
g. • PRB Sign Request #A3:
McDonalds,
h. • PRB Sign Request #B1:
Furniture Deals & Steals,
i. • PRB Sign Request #B2:
Furniture Deals & Steals,
6)
• P.C. #2: Brookfield
Christian Reformed Church for approval of a conditional use, a revised plan and
method of operation, preliminary survey and a final certified survey map at
14155, 14135, 14025 Burleigh Road, and 3085, 3055 N. Lilly Road allowing
consolidation of said parcels and construction of an approximate 24,150 sq. ft.
church addition with 148 stall parking lot addition.
7)
Ordinance granting a conditional use for the purpose of constructing an
approximate 24,150 sq. ft. addition with 148 stall parking lot addition to the
existing church at Brookfield
Christian Reformed Church, 14155-14135-14025 Burleigh Road and 3085-3055 N.
Lilly Road.
Ordinance No. 2067-06*
8)
• P.C. #6: Outback
Steakhouse, Inc. for approval of a revised plan and method of operation at 18365
W. Bluemound Road, the former Chi Chi's restaurant, permitting facade and site
alterations to the Plan Commission approval of November 7, 2005.
As recommended by the Finance Committee
9)
Vouchers exceeding $50,000 requiring immediate action.
10)
Resolution approving 2006 Self-Supporting Recreation Programs special
revenue fund budget amendment requested by the Director of Parks, Recreation and
Forestry: increase revenue account
206-000-458-026 by $49,400 and various expenditure accounts by a total of
$19,800, for purposes of assumption of the youth basketball program per the
recommendation of the Parks and Recreation Commission.
Resolution No. 7607-06*
11)
Resolution approving 2006 water utility capital improvement budget
amendment requested by the Director of Finance:
increase water main improvements expenditure account 501-997-106-006-151
by $30,000, for purposes of funding
12)
Resolution approving 2003 capital improvement fund budget amendment
requested by the Director of Finance:
transfer $60,000 from stormwater improvements expenditure account
603-113-700-122-021 to stormwater improvements account 603-113-700-122-151, for
purposes of funding
13)
Resolution authorizing City officials to enter into agreements necessary
to acquire the parcels necessary for the future northern extension of Executive
Drive pursuant to the agreement to exchange property between Continental
Properties, Anthony Borowski, and the City of Brookfield.
Resolution No. 7610-06*
14)
Resolution approving revised City financial policy regarding budget
transfers.
Resolution No. 7611-06*
As recommended by the Human Resources
and Public Safety Committee
15)
Removed from the Consent Agenda.
As recommended by the Legislative &
Licensing Committee
16)
Fifteen Original Bartender Licenses (see Legislative & Licensing
Committee agenda for names).
17)
Forty Renewal Bartender Licenses (see Legislative & Licensing Committee
agenda for names).
18)
Temporary Class B Beer License:
Make A Wish Foundation for Wishfest, July 29th from
19)
Original Class B Combination Beer and Liquor Licenses:
a.
ERJ Dining III, LLC; d/b/a Chili's Grill & Bar, 17915 W. Bluemound Rd.;
Agent: Paul S. Thompson.
b.
North Star West, Inc.; d/b/a North Star American Bistro,
As recommended by the Board of Public
Works
20)
Resolution amending the Official Traffic Control Map to install a yield
sign at the Apple Tree and
As recommended by the Water and Sewer
Board
21)
Resolution awarding the bid for the
22)
Final Resolution authorizing the installation of water main and levying
of special assessments:
23)
Resolution approving the land acquisition from 4420 and
24)
Resolution approving the Perpetual Sanitary Sewer Easement between
Fountain Brook Association and the City of
25)
Resolution awarding the bid for the Wells 10 and 11 Well Pump, Piping and
Electrical Modifications to Water Well Solutions Service Group, Inc. for
$104,682.00.
Resolution No. 7617-06*
Council As A Whole
26)
Mayor's Appointment: Norman
Rose to the Library Board, 3 yr. term expiring
27) Items removed from the Consent Agenda –
2)
• P.C. #2: Request of
the Dept. of Community Development for approval of an ordinance creating the
Village Area Business District (VAB) in the Municipal Zoning Code and adjusting
other sections of the Zoning Code related to definitions, use, commercial
illumination, and area regulations all related to the creation of the Business
District.
Alderman Mahkorn moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Owen.
Alderman Nelson moved to amend the motion to eliminate outdoor vending
machines. The motion was seconded
by Alderman Carnell and failed Ayes 6, Nays 8 with Aldermen Carnell, Reddin,
Ponto, Nelson, J. Mellone and L. Mellone voting Aye.
The motion carried Ayes 9, Nays 5 with Aldermen Carnell, Nelson, J.
Mellone,
3)
Alderman Mahkorn moved adoption of the Ordinance creating Section 17.50
of the Zoning Code, entitled "VAB"
Village Area Business District and adjusting other sections of the Code related
to definitions, use, commercial illumination, and area regulations all related
to the creation of the Business District.
The motion was seconded by Alderman Berg.
A roll call vote was taken and carried Ayes 9, Nays 5 with Aldermen
Carnell, Nelson, J. Mellone,
15)
Alderman Garvens moved adoption of the Ordinance amending Section
2.20.010 of the Municipal Code relative to the appointment and selection process
for the City Attorney. The
motion was seconded by Alderman Balzer.
A roll call vote was taken and carried unanimously.
Ordinance No. 2069-06*
* End of the Consent Agenda *
Actions and recommendations from the
Plan Commission minutes of
28)
• P.C. #3: Request of
Richard Conley to rezone from "B-1" Local Business to "PDD" Planned Development
District – General Plan (Mixed Use) and reaffirm the general plan for 2945-55 N.
Brookfield Road to allow the construction of a mixed use building with first
floor retail and second floor residential uses in the "Village Area" business
district.
The Plan Commission recommended approval of an ordinance rezoning
Alderman Mahkorn moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Owen.
Alderman Nelson moved to amend the motion to prohibit music on the
outdoor deck. The motion was
seconded by Alderman Berg and carried unanimously.
Alderman Berg moved to table.
The motion was seconded by Alderman Balzer and carried Ayes 8, Nays 6
with Aldermen Sutton, Owen, Garvens, Nelson, Mahkorn and Franz voting nay.
29)
Alderman Mahkorn moved to table the Ordinance rezoning 2945-55 N.
Brookfield Road from "B-1" Local Business District to "PDD" Planned Development
District – General Plan (Mixed Use Commercial/Residential) No. 13, for the
purpose of constructing a two-story, mixed use building with first floor
commercial, second floor residential and underground parking.
The motion was seconded by Alderman Owen and carried unanimously.
30)
Alderman Mahkorn moved to table Item #4 from the
31)
Alderman Mahkorn moved adoption of the Ordinance continuing a moratorium
on development in the area of the Waste Management Landfill and certain outlots
in or associated with The Shire subdivision extended to
32)
• P.C. #5:
Authorization to execute an agreement in-lieu of a development moratorium for
Quebecor World Properties at 12785 and
The Plan Commission recommended proceeding with the above Neighborhood
Plan project scope and calendar.
Alderman Mahkorn moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Owen and carried unanimously.
33)
Alderman Mahkorn moved adoption of the Ordinance removing Quebecor World
Properties located at 12785 and
Council As A Whole
34)
Director of Administration Dean Marquardt explained the 2006-2008
strategic plan initiatives and outlined a plan for the Council’s approval of the
initiatives. Aldermen to present
additional initiatives by
35)
Legislative Referrals:
a.
Alderman Nelson referred to the Plan Commission and/or the Board of
Public Works to review tree preservation relative to city projects.
b.
Review municipal code for noise issues.
c.
Requested Aldermen send comments relative to the Conley project to the
Plan Commission for guidance.
36)
In continuing actions of the Council, pursuant to 19.85(1) of the
Wisconsin Statutes, after first convening in open session, the Council President
will explain the nature of the business proposed to be considered in closed
session, and upon a motion duly made, seconded and adopted, meeting in Closed
Session for the following purpose:
a.
Under 19.85(1)(g) Conferring with legal counsel for the governmental body
who is rendering oral or written advice concerning strategy to be adopted by the
body with respect to litigation in which it is or is likely to become involved.
(Discussion of strategy and status
with the City Attorney about pending and possible litigation with the Town of
Brookfield including the Ravenswood sewer extension lawsuit, the Town's I/I
lawsuit, the Capitol Drive annexation and its relation to the Town's special
assessment of property owners, and related City-Town issues.)
Alderman Berg moved
to convene into Closed Session under Section 19.85(1)(g).
The motion was seconded by Alderman Mahkorn and carried unanimously.
Recorded as a roll call.
Present during
closed session were as follows:
City Clerk, Acting City Attorney, Director of Public Works, Director of Human
Resources, Police Chief, Director of Community Development, Director of
Administration, and Director of Finance.
Alderman Berg moved
to reconvene into Open Session under Section 19.85(2) Wisconsin Statutes.
The motion was seconded by Alderman Nelson and carried unanimously.
Recorded as a roll call.
37)
Alderman Ponto moved to adjourn the meeting.
The motion was seconded by Alderman Mahkorn and carried unanimously.
___________________________________
Kristine A. Schmidt, City Clerk
* May be viewed in the City Clerk’s Office.