Council Meeting - October 3, 2006

October 3, 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 27^TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, OCTOBER 3, 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: City Attorney Karen Flaherty, Director of Administration Dean Marquardt, City Clerk Kristine Schmidt, Director of Finance Robert Scott, Director of Community Development Dan Ertl, Director of Public Works Tom Grisa, Director of Human Resources Jim Zwerlein

Mayor Jeff Speaker called the Common Council to order at approximately 7:45 p.m. The next Common Council meeting will be October 17^th.

Alderman Nelson led the Council in the Pledge of Allegiance.

Three people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the widening of Calhoun Road.

ACTIONS OF THE COMMON COUNCIL

A public hearing was heard regarding the request of Johnson Financial Group, Inc. to grant a conditional use permitting alterations to the 100 year floodplain at 14000 W. North Avenue. (These minutes are separate.) Hearing ended at 8:40 p.m.

CONSENT AGENDA

Alderman Sutton moved approval of the items on the Consent Agenda. The motion was seconded by Alderman Blackburn and carried unanimously. Recorded as a roll call.

1) Minutes from the Regular Common Council meeting of September 19, 2006.

As recommended by the Legislative & Licensing Committee

2) Seven Original Bartender Licenses (see Legislative & Licensing Committee agenda for names).

3) Temporary extension on a Class B Combination Beer and Liquor license premise description: Pistol Pete's Neighborhood Grill, 16755 W. Lisbon Rd., for Color Rama Poker Run, Sunday, October 8^th, from 9 a.m. to 9 p.m.

4) Temporary Class B Wine License: St. Dominic Catholic Church, 18255 W. Capitol Dr., November 3-5, 2006; 7 p.m. – 10 p.m., for a wine tasting fundraiser.

5) Temporary Class B Malt Licenses:

a. Immanuel Lutheran Church, 13455 Hampton Rd., October 16, 2006; 6 p.m. – 10 p.m., for Octoberfest - SOS Center.

b. Brookfield Junior Woman's Club, Mitchell Park Pavilion, 19805 W. Capitol Dr., October 8, 2006; 3:30 p.m. – 6:00 p.m., for the Big Chili Round-up.

6) Ordinance amending Section 2.16.100 A. and B. and 2.16.110 B. of the Municipal Code relating to distribution of the Ethics Code and the required related interest statement. Ordinance No. 2078-06*

Council As A Whole

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

8) Mayor's Appointment: Jay Rosencrantz to the Police and Fire Commission – Five year term expiring May 1, 2011.

* End of the Consent Agenda *

9) No items were removed from the Consent Agenda.

Actions and recommendations from the Plan Commission minutes of September 25, 2006

10) • P.C. #2: Authorization to schedule a public hearing regarding the proposed Master Plan Amendments.

The Plan Commission recommended forwarding all ten proposed amendments to the 2020 Master Plan to the Common Council with the caveat that only the eight approved by the Plan Commission would be considered by the Common Council for forwarding to a public hearing.

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

Alderman Blackburn moved to include Amendment #24 from "Other Amendments from the Task Force" (Master Plan p. 34, "Support the efforts to locate an additional interchange to I-94 between Moorland Road and Barker Road (Goerke's Corners). Task Force Amendment “Gather sufficient data to determine if the City should advocate for an additional interchange to I-94 between Moorland Road and Barker Road including a scientific analysis of local and regional traffic flows applicable business economics, and the impact to Brookfield residents”. The motion was seconded by Alderman Lisa Mellone. A roll call vote was taken and failed Ayes 6, Nays 8 with Aldermen Sutton, Carnell, Berg, J. Mellone, Blackburn, and L. Mellone voting Aye.

The original motion carried unanimously.

Council As A Whole

11) Discussion and possible action on Alderman Mellone's legislative referral "the City of Brookfield must stop design plans for widening Calhoun Road with a 130 foot right of way."

( An 18 minute recess was taken at this point)

Alderman J. Mellone moved to stop design plans for widening Calhoun Road with a 130 foot right-of-way because it is contrary to the 2020 Master Plan. The motion was seconded by Alderman Blackburn and failed on a vote of 3 ayes and 11 nays. Alderman Jerry Mellone, Alderman Blackburn and Alderman Lisa Mellone voting aye.

12) Legislative Referrals:

a. Alderman Steve Ponto requested a review of the process for forming agendas for committees and the Common Council.

b. Alderman Jerry Mellone requested that his memo dated September 29, 2006 which lists what he considers to be violations to the Master Plan for the Calhoun Road widening project be sent the appropriate body for review.

13) 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 the pending Ravenswood sewer extension lawsuit with the Town of Brookfield and related City-Town 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. 10:25 p.m.

Present during closed session were as follows: City Clerk, City Attorney, Director of Public Works, Director of Administration, Director of Human Resources and Director of Community Development, Attorney George Schimmel.

The Council did not reconvene into Open Session.

14) Alderman Ponto moved to adjourn the meeting. The motion was seconded by Alderman Reddin and carried unanimously. 10:48 p.m.

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Kristine A. Schmidt, City Clerk

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