| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
August 15, 2006
The official minutes appear in this typeface.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.
MAYOR JEFF SPEAKER
PRESIDING
ACTIONS OF THE COMMON COUNCIL
CONSENT AGENDA
Alderman Ponto moved approval of the items on the Consent Agenda, except
for items #17 and #21. The motion was
seconded by Alderman Sutton 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)
• P.C. #1: Request for
a public hearing to rezone properties contained in the area to which the
recently enacted Village Area Business District Ordinance is to be applied.
Actions and recommendation
from the Plan Commisison minutes of
Plan Review Board minutes of
3)
• P.C. #1: Plan Review
Board minutes of
a. • PRB #1:
b. • PRB #2:
Developers Diversified Realty/JDN Realty Corp. for approval of an outdoor
seating plan for "The Pavilion" at Shoppers World at 12455 W. Capitol Drive.
c. • PRB Sign Request #A:
The Preserve at
d. • PRB Sign Request #B:
Realty Executives,
e. • PRB Sign Request #C:
Pick N Save,
f. • PRB Sign Request #D1:
Carrabba's Italian Grill, Bonefish Grill, 18365 W. Bluemound R., for a
free standing sign.
g. • PRB Sign Request #D2:
Bonefish Grill,
h. • PRB Sign Request #D3:
Carrabba's Italian Grill, 18365 W. Bluemound Rd., for a wall sign.
i. • PRB Sign Request #E1:
Pavillion at Shoppers World, Capitol Dr. &
j. • PRB Sign Request #E2:
Pavillion at Shoppers World,
4)
• P.C. #3: Capitol
Progression LLC, for approval to amend the matrix of MSO Ord. #1692 as it
pertains to the Use Variations column of Zoning Issue Area C13 removing the
reference to new or expanded fuel/gasoline sales and related operations approved
by PDD and adding language permitting a free standing, dine-in (quality, gourmet
or family style) restaurant at 18350 W. Capitol Drive and amending the Special
Characteristics column of Zoning Issue Area C13 permitting an intensive use,
i.e. restaurant with a 40' pavement offset from a residential zoning district, a
2' side yard pavement offset, a 10' pavement setback and a 72.6% Lot Coverage.
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 freestanding, dine-in (quality, gourmet or family style)
restaurant, approve a preliminary survey map and final certified survey map all
in association with approval of a revised and new plan and method of operation
at 18300 and 18350 W. Capitol Drive.
5)
Ordinance revising the Modified Suburban Overlay Matrix contained in Ord. #1692,
for the property located at
6)
Resolution amending Res. #6353, the Capitol Drive Corridor Study Number
Two, Zoning Issue Area C13, for the property located at
7)
• P.C. #4: VK
Development for approval of an amended Development Agreement for 17400 W.
Capitol Drive and 4030 Beaufort Drive to allow the construction of Building A
(southeastern building with first floor retail, second floor office, and
underground parking) and Building D (northwestern building with first floor
office) in the "Capitol Heights" development to extend the construction
completion date to April 3, 2008, for two of the four building consisting of
Phase 2.
8)
• P.C. #5: Johnson
Bank to schedule a rezoning/conditional use public hearing to amend a floodplain
boundary with a new plan and method of operation that would permit razing the
vacant Manhardt Inn, and replacing it with an 11,667 sq. ft. two-story bank
building with drive-thru.
As recommended by the Finance
Committee
9)
Vouchers exceeding $50,000 requiring immediate action.
10)
Resolution approving contract with Dell, Inc. to purchase replacement
computer equipment and related installation/disposal services for $313,757.
Resolution No. 7619-06*
11)
Request of the Highway Division to purchase road salt from North American
Salt Co. for $147,488.
As recommended by the
Legislative & Licensing Committee
12)
Eighteen Original Bartender Licenses (see Legislative & Licensing
Committee agenda for names).
13)
Fireworks User Permits:
a.
Westmoor Country Club,
b.
As recommended by the Board of Public
Works
14)
Resolution awarding the bid for the Westwood Drive Storm Sewer Project
No. SW-06-07 to Underground Pipeline, Inc. for $151,602.60.
Resolution No. 7620-06*
15)
Resolution awarding the bid for the City of Brookfield City Hall, City
Hall, 2000 N. Calhoun Rd., Roof Replacement Project, IRS Project #13046 to
Vidmar Roofing, Inc. for $64,582.00.
Resolution 7621-06*
As recommended by the Water and Sewer
Board
16)
Resolution approving the Perpetual Water Main Easement for the connecting
water main between Talon Trail and
17)
Removed from the Consent Agenda.
18)
Resolution awarding the bid for the Brookfield Square Water Treatment
Facility Project to TV John & Sons, Inc. for $409,572.37, contingent on approval
by the DNR.
Resolution No. 7624-06*
Council As A Whole
19)
Resolution authorizing the City Clerk to appoint special registration
deputies for voter registration duties.
Resolution No. 7625-06*
20)
Council President's Appointments:
a.
Legislative & Licensing Committee – removal of Alderman Gary Mahkorn
(simple majority).
b.
Human Resources & Public Safety Committee – Alderman Gary Mahkorn,
Chairman (Council confirmation not
required).
c.
Legislative & Licensing Committee – Alderman Steve Ponto, as a member
(3/4 vote).
d.
Legislative & Licensing Committee – Alderman Steve Ponto, as a Chairman
(3/4 vote).
21)
Removed from the Consent Agenda.
22)
Mayor's Appointments:
a.
Board of Appeals – Jeffrey J. Warchol, 3 yr. term expiring
23) Items removed from the Consent Agenda –
17)
Alderman Berg moved approval of the Resolution vacating the Perpetual
Water Main Easement between James R. Stevenson and the City of
21)
Alderman Ponto moved approval of the Mayor's Reappointment to the Board
of Appeals – David Peterson and Frank DeGuire, term expiring
* End of the Consent Agenda *
Actions and recommendations
from the Plan Commission minutes of
24
• P.C. #2: Tabled 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 to remove the item off the table.
The motion was seconded by Alderman Berg and carried unanimously.
Alderman Mahkorn moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Owen and carried Ayes 11, Nays 3 with
Aldermen Reddin, L. Mellone and Nelson voting nay.
25)
Alderman Mahkorn moved to remove from the 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.
Alderman Mahkorn moved adoption of 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 Berg.
A roll call vote was taken and carried Ayes 11, Nays 3 with Alderman
Reddin, L. Mellone and Nelson voting nay.
Ordinance No. 2073-06*
Council As A Whole
26)
Discussion and adoption of 2006-2008 strategic plan initiatives.
Alderman Ponto moved approval of the 2006-2008 strategic plan initiatives
including item 9 submitted by Alderman L. Mellone, "Consider a policy for a
formal traffic calming program on residential and collector roadways to improve
traffic safety and quality of life". The motion was seconded by Alderman Sutton.
Program.
Alderman Blackburn moved to amend the initiatives by removing Initiative
#6 from the Strategic Plan - Implement the approved transportation and land use
plan for the Calhoun Road/Bluemound Road/I-94 area (MP3).
The motion was seconded by Alderman J. Mellone.
The motion was subsequently withdrawn.
Alderman J. Mellone moved to amend Initiative #6 to read, "Reassess the
transportation and land use plan for the Calhoun Road/Bluemound Road/I-94 area
including a study of the impact on residential and business properties.
The motion was seconded by Alderman Blackburn.
A roll call vote was taken and failed Ayes 4, Nays 10 with Aldermen
Sutton, J. Mellone,
Alderman Ponto moved to amend Initiative #6 to substitute the word
"address" for "implement". The
motion was seconded by Alderman Reddin.
A roll call vote was taken and carried unanimously.
The motion as amended including "Initiative #9, Consider a policy for a
formal traffic calming program on residential and collector roadways to improve
traffic safety and quality of life", passed unanimously.
Alderman Ponto stated for the record, that “address” is meant as a
neutral term meaning to devote time and resources to this issue while continuing
to move forward with discussions being held at the various committees having
responsibility for the elements of this plan and ultimately the Council.
27)
Legislative Referrals:
a.
Alderman Berg requested the Board of Public Works analyze the data
gathered by new automated road salt equipment to determine if current road salt
practices are optimal for safety and cost.
b.
Alderman J. Mellone requested that the land use and transportation plans
be reassessed for possible amendments.
28)
In continuing actions of the Council, pursuant to 19.85(1) of the
Wisconsin Statutes, after first convening in open session, the Mayor 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 with the
City Attorney about pending and possible litigation with the Town of Brookfield
including the Ravenswood sewer extension lawsuit, the Capitol Drive annexation
and relation to the City-Town's issues.)
Alderman Ponto moved to convene into Closed Session under Section
19.85(1)(g). The motion was seconded
by Alderman Garvens and carried unanimously.
Recorded as a roll call.
Present during closed session were as follows:
Mayor, City Clerk, Acting City Attorney, Director of Public Works,
Director of Human Resources, Director of Administration, and Director of
Finance.
29)
Alderman Ponto moved to adjourn the meeting without going into open
session. No action was taken in
closed session. The motion was
seconded by Alderman Nelson and carried unanimously.
___________________________________
Kristine A. Schmidt, City Clerk
* May be viewed in
the City Clerk’s Office.