| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
October 17, 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.
THESE ARE THE MINUTES OF A
COMMON COUNCIL MEETING OF THE 27TH
COMMON COUNCIL, HELD AT
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 Community Development Dan Ertl,
Director of Public Works Tom Grisa, Director of Human Resources Jim Zwerlein,
Director of Finance Robert Scott
Mayor Jeff Speaker called the Common Council to order at
approximately
Everett Frisch of Boy Scout Troop 71 from St. John Vianney led the Council in the Pledge of Allegiance.
Two people spoke from the audience during the 15 minute segment set aside for citizens to address the Council regarding the proposed Brookhollow project.
ACTIONS OF THE COMMON COUNCIL
A public hearing was
heard regarding the request of the City of
CONSENT AGENDA
Alderman Franz moved approval of the items on the Consent Agenda except
for Items 5, 6, 7, 8 13, and 14. The
motion was seconded by Alderman Ponto 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: Plan Review
Board of
a. • PRB #1:
Andrew Schatz and Douglas Schwartz for approval of a revised plan and
method of operation for a building addition and site alterations at
b. • PRB #A:
c. • PRB #B:
Guhring,
d. • Addendum:
Schlossmann's Chrysler, Dodge, Jeep, 18900 W. Capitol Dr., for a monument
sign.
3)
• P.C. #2: Roger and
Carla Breunig for approval of a preliminary survey map and final certified
survey map at
4)
• P.C. #3: Brenda
Maull (with Jeff Mierow and Roger and Carol Pelzman),
5)
Removed from the Consent Agenda.
6)
Removed from the Consent Agenda.
7)
Removed from the Consent Agenda.
8)
Removed from the Consent Agenda.
As recommended by the Human
Resources & Public Safety Committee
9)
Resolution approving 2007 Dental Insurance coverage and modifying the
dental plan to cover composite fillings and increase the annual maximum benefit
(Delta Dental Renewal).
Resolution No. 7645-06*
10)
Resolution approving 2007 Health Insurance coverage and adding one
self-funded health insurance option and selecting the City's claims
administrator and stop-loss insurance provider (WPS-renewal).
Resolution No. 7646-06*
11)
Ordinance setting the rates of pay for incumbents of non-represented
titles for 2007 and 2008.
Ordinance No. 2080-06*
12)
Ordinance amending Section 2.14 (Parts II and III) regarding pay
adjustments (salaries) and administration for the non-union administrative
personnel.
Ordinance No. 2081-06*
As recommended by the Board
of Public Works
13)
Removed from the Consent Agenda.
14)
Removed from the Consent Agenda.
15)
Resolution approving the Pedestrian/Bike Path Easement on
16)
Resolution approving the Dedication of Public Facilities for the
Brookfield Parkplace subdivision:
roads and storm sewers.
Resolution No. 7650-06*
As recommended by the Water
and Sewer Board
17)
Resolution approving the Dedication of Public Facilities for the
Brookfield Parkplace subdivision:
watermain and sanitary sewer.
Resolution No. 7651-06*
18)
Resolution approving the Perpetual Sanitary Sewer and Drainage Easement
between the City of
Council As A Whole
19)
Vouchers exceeding $50,000 requiring immediate action.
20)
Eight Original Bartender Licenses (see memo for names).
21)
Resolution approving the settlement Stipulation to the lawsuit between
Sanitary District No. 4 – Town of
*
End of the Consent Agenda *
5)
• P.C. #4: Weston
Meadows Estates for approval of a seven (7) lot preliminary plat entitled Weston
Highlands III located at 985 and 1195 Egan Road.
The Plan Commission recommended approval of the preliminary plat subject
to the listed conditions in the minutes.
Alderman Mahkorn moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Owen and carried unanimously.
6)
• P.C. #6: Thomson
Corporation for approval of a new plan and method of operation permitting
construction of Brookhollow Condominiums, an eighty (80) unit condominium
development on lands zoned "M-2" Multiple-family Residence District and located
at approximately 15275 Hackberry Lane.
The Plan Commission recommended approval of the new plan and method of
operation for Brookhollow Condominiums with the conditions listed in the
minutes.
Alderman Owen moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Nelson.
Alderman Lisa Mellone moved to amend the Brookhollow plan as recommended
by Plan Commission to include a provision in the Development Agreement for
Thomson Corp. if they are willing to voluntarily purchase, install and include
in the Development Agreement landscape screening equivalent to that approved by
the Plan Commission for installation on the Kwiatkowski property, i.e. 15360
Hackberry Lane for the following residential properties:
Marge and Chuck Joyce at 15340 Hackberry Lane; Johanna Howard at 15430
Hackberry Lane; and Kathy and Dave Sturgill, 15470 Hackberry Lane.
In addition, landscape plans to include the requisite number of 7'
evergreen trees to provide a 100% screen within 10 years of installation on the
existing Thomson berm located behind Jean and Roger Lambert at
Alderman Lisa Mellone moved to amend the Brookhollow plan as recommended
by the Plan Commission to direct Thomson Corp. to pursue and, if authorized by
WisDNR, install a pedestrian pathway 1 boardwalk from the Brookhollow
Condominiums to Century Centre (Pick N Save).
In doing so, Thomson Corp. must seek approval from DNR to cross the
wetland area where necessary including construction materials and methods for a
boardwalk. The motion to amend was
seconded by Alderman Owen and carried Ayes 12, Nays 2 with Alderman Carnell and
Garvens voting nay.
Alderman Lisa Mellone moved to remove median islands at the entrance to
narrow the entry drive in order to
protect the existing vegetative berm.
The motion was seconded by Alderman Franz and carried unanimously.
The motion as amended carried unanimously.
7)
• P.C. #7: Johnson
Bank to approve a conditional use permitting a zoning amendment to the "FF" –
Flood Fringe Overlay zoning boundary at 14000 W. North Avenue and approve a new
plan and method of operation and Development Agreement that would permit razing
the vacant Manhardt Inn, replacing it with an 11,667 sq. ft. two-story bank
building with drive-thru.
The Plan Commission recommended approval of a conditional use permitting
an amendment to the "FF" Flood Fringe zoning boundary, a new plan and method of
operation and Development Agreement subject to the listed conditions in the
minutes, and a correction to #10, that HVAC equipment will be located in the
basement of the building and not on the roof.
Alderman Owen moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Nelson and carried Ayes 11, Nays 3
with Aldermen Carnell, Berg and
8)
Alderman Owen moved adoption of the Ordinance granting a conditional use
permitting alterations to the 100 year floodplain at 14000 W. North Avenue,
removing the "FF" Flood Fringe Overlay Zoning District designation from areas to
be filled and zoning areas to be excavated to "FF" Flood Fringe Overlay to
permit an approximate 11,667 sq. ft. two-story bank building with drive-thru.
The motion was seconded by Alderman Nelson.
A roll call vote was taken and carried Ayes 12, Nays 2 with Aldermen
Blackburn and Carnell voting nay.
Ordinance No. 2079-06*
13)
Alderman Owen moved approval of the Resolution awarding the professional
services contract for the City of
14)
Alderman Owen moved approval of the Resolution awarding the bid for the
City of Brookfield Police Department,
Board of Public Works
23)
Alderman Owen moved approval of the Resolution of Necessity for
acquisition of lands for public purpose, authorize negotiation for such
acquisition, and authorize condemnation if necessary, for
Council As A Whole
25)
Legislative Referrals:
Alderman Reddin requested review and reconsideration of
changing Trick or Treat hours to weekend and/or daytime.
26)
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 Sanitary District No. 4 – Town of Brookfield and
Utility District No. 1 – Town of Brookfield v. City of Brookfield lawsuit
relative to the annexation of property and the contract for sewer capacity.)
Alderman Ponto moved to convene into Closed Session under Section
19.85(1)(g). The motion was seconded
by Alderman Sutton and carried unanimously.
Recorded as a roll call.
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,
The Council did not reconvene into Open Session.
27)
Alderman Ponto moved to adjourn the meeting.
The motion was seconded by Alderman Sutton and carried unanimously.
___________________________________
Kristine A. Schmidt, City Clerk
* May be viewed in
the City Clerk’s Office.