| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
February 6, 2007
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 7:45 P.M.,
TUESDAY, FEBRUARY 6, 2007, IN THE
COUNCIL CHAMBERS OF
MAYOR JEFF SPEAKER
PRESIDING
ALDERMEN PRESENT:
Scott Berg, Gary Mahkorn, Steve Ponto, Dan Sutton, Rick Owen, Christopher
Blackburn, James Garvens, Bill Carnell, Bob Reddin, Jerry Mellone, Lisa Mellone,
Ron Balzer, Mark Nelson, Mike Franz
ALDERMEN ABSENT & EXCUSED:
None
ALSO PRESENT:
City Attorney Karen Flaherty, Director of Administration Dean Marquardt,
Director of Community Development Dan Ertl, Director of Public Works Tom Grisa,
Director of Human Resources Jim Zwerlein, City Clerk Kris Schmidt, Director of
Finance Robert Scott, Police Chief Dan Tushaus, Director of Information
Technology Kevin Beck, Fire Chief John Dahms
Mayor Jeff Speaker called the Common Council to order at approximately 7:50 p.m. The next Common Council meeting will be February 20.
Alderman Jerry Mellone 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 preliminary locations of fire
stations and City/Town of
ACTIONS OF THE COMMON COUNCIL
CONSENT AGENDA
Alderman Ponto moved approval of the items on the Consent Agenda, except
for Items #2, #3, #4, and #8. 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 January 16, 2007.
Actions and recommendations
of the Plan Commission minutes of January 22, 2007
2)
Removed from the Consent Agenda.
3)
Removed from the Consent Agenda.
4)
Removed from the Consent Agenda.
As recommended by the Finance
Committee
5)
Vouchers exceeding $50,000 requiring immediate action.
6)
Resolution approving 2007 budget amendment requested by the Director of
Finance: increase Economic
Development fund revenue account 205.000.408 and expenditure account 205.943.546
by $20,000 each, for purposes of recognizing Reserve Class B liquor license
revenue and related economic development grant expenditures.
Resolution No. 7682-07*
7)
Resolution designating officials authorized to declare official intent
under reimbursement bond regulations (relative to Tax Incremental District No.
3).
Resolution No. 7683-07*
8)
Removed from the Consent Agenda.
As recommended by the
Legislative & Licensing Committee
9)
Original Bartender Licenses (see Legislative & Licensing Committee agenda
for names).
10)
Tabled at Committee:
Original Reserve Class B Combination License:
Flemings/Great Lakes-I, Limited Partnership; d/b/a Fleming’s Prime
Steakhouse & Wine Bar, 15665 W. Bluemound Rd.; Agent – Jay A. Carter.
11)
Temporary Class B Beer License:
12)
Resolution authorizing the City Clerk to determine the number of Election
Officials at all Elections in the City of Brookfield.
Resolution No. 7684-07*
*
End of the Consent Agenda *
13)
Items removed from the Consent Agenda.
* *
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2)
•P.C. #2: Authorize steps
to amend
The Plan Commission recommended to:
(1) Amend the adopted land uses for the “Quad” (northwest corner of 124th
Street and Capitol Drive) from a “retail and industrial mixture” to “retail”
with a potential for a wide range of general retail and retail service uses not
limited to “medium boxes” or restaurants.
In addition, “new multiple family residential uses” would not necessarily
need to be “ancillary” to other uses and could be independent and located within
free standing buildings, could be located within a mixed use building or could
be live-work housing units; (2) “Retail” not industrial uses are the first
reinvestment priority; (3) Permit a “big box” retail development in the “Quad”
if the redevelopment goals of the plan will be achieved; (4) Provide for a
“density credit” that will allow for greater building to land ratios or Floor
Area Ratio (F.A.R.) if land use or redevelopment goals are met.
Larger buildings will be permitted through the application of a new
zoning district and would be applied to the property; (5) Create a new zoning
district that: (a) permits retail
uses, free standing restaurants, housing units, “live-work” units, hotels,
fitness centers and other similar uses, (b) Permits building heights up to 70
feet, (c) Permits 80% lot coverage, assuming stormwater requirements are met,
(d) Permits a parking ratio of 3.0 spaces per 1,000 sq. ft. of non-residential
buildings provided on-street parking on 126th Street or 127th
Street is available within 500 feet of the main entrance of the building, (e)
Permits 25 foot building and parking setbacks and 10 foot building or parking
offsets, (f) Permits a Floor Area Ratio (F.A.R.) greater than 30% if the greater
building area helps to achieve the goals and objectives of the adopted land use
plan; and (6) Apply this zoning to the properties located within the study area.
(Delay actions regarding #7: Amend the
Site Development Standards for
Nonresidential Uses as such apply to the study area to control driveway
access, create incentives to encourage the use of sustainable architectural
materials an the national LEED building design, create “street edge”, “parking
edge”, site amenities, stormwater management options {roof gardens etc.},
screening, and plant materials.)
Alderman Mahkorn moved approval of the Plan Commission recommendation.
The motion was seconded by Alderman Owen and carried unanimously.
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3)
• P.C. #3: M&I
Corporation to zone 401 N. Executive Drive “MSO” Modified Suburban Overlay
District – Context Suburban (CTS) development pattern, establish
dimensional standards in the Special Characteristics column of the MSO matrix of
Zoning Issue Area Parcel 21 of District J of the Calhoun Road South Neighborhood
Plan, a.k.a. 401 N. Executive Drive and approve a revised plan and method of
operation that would add an approximate 55,240 sq. feet of floor area to the
existing site, increasing the site floor area ratio to 30.4%.
The Plan Commission recommended approval of zoning the site “MSO-CTS”
Modified Suburban Overlay District – Context Suburban Development Pattern,
establish dimensional zoning standards for the parcel as listed in Part 6 of the
staff report and approve a revised plan and method of operation subject to the
above listed conditions. In
addition, the HVAC equipment on the existing building must be screened.
Alderman Mahkorn moved approval of the Plan Commission recommendation.
The motion was seconded by Alderman Owen and carried Ayes 13, Nays 0,
with Alderman Ponto abstaining.
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4)
Alderman Mahkorn moved adoption of the Ordinance establishing the
Modified Suburban Overlay zoning district-Context Suburban development pattern
(“MSO-CTS”) and matrix for the property located at 401 N. Executive Drive (M&I
University). The motion was seconded
by Alderman Owen. A roll call vote
was taken and carried Ayes 12, Nays 1, and Abstaining 1 with Alderman Blackburn
voting Nay and Alderman Ponto abstaining.
Ordinance No. 2089-07*
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8)
Alderman Garvens moved to deny the claims of Tom Bagwell and John Owen
(Indianwood Sewer Construction). The
motion was seconded by Alderman Reddin and carried unanimously.
Actions and recommendations of the Plan
Commission minutes of January 22, 2007
14)
• P.C. #1(a): Plan
Commission Recommendation: Extension
of an Agreement-in-Lieu of Moratorium on property located at
The Plan Commission recommended that the Common Council adopt an
extension of the existing Agreement-in-Lieu of Moratorium for the Quebecor
property located at
Alderman Mahkorn moved approval of the Plan Commission recommendation.
The motion was seconded by Alderman Owen and carried unanimously.
* *
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15)
Alderman Mahkorn moved approval of the Resolution authorizing
appropriating City officials to execute an extension to an Agreement-in-Lieu of
a Development Moratorium for Quebecor World Properties at 12785 and
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16)
• P.C. #1(b): Plan
Commission Recommendation: Adopting
the
The Plan Commission recommended to adopt the
124th Street and Bluemound Road
Neighborhood Plan as amended on page 13 (“commercial” v. “retail” and add
“Krueger Park enhancement”) including initiation of the plan implementation
steps and recommend that the Common Council adopt same including initiation of
the plan implementation steps.
Alderman Mahkorn moved approval of the Plan Commission recommendation.
The motion was seconded by Alderman Owen and carried unanimously.
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17)
Alderman Mahkorn moved approval of the Resolution adopting the
Council As A Whole
18)
Director of Administration Dean Marquardt
and City Attorney Karen Flaherty presented a Historical Timeline and
update of City/Town interaction; including the 1999 and 2001 court decisions
denying Town incorporation. The Aldermen
asked questions of clarification.
Handouts may be viewed in the City Clerk’s Office.
19)
Legislative Referrals: None
(The Council took a 5 minutes recess.)
20)
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)(e)
Deliberating or negotiating the purchasing of public properties, the investing
of public funds, or conducting other specified public business, whenever
competitive or bargaining reasons required a closed session; and
b. 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 and possible action
relative to the provision of protective services between the Town of
Alderman Ponto moved to convene into Closed Session under Section
19.85(1)(e) and (g). The motion was
seconded by Alderman Garvens and carried unanimously.
Recorded as a roll call. 9:45
p.m.
Present during closed session were as follows:
City Clerk, City Attorney, Director of Public Works, Director of Human
Resources, Police Chief, Director of Community Development, Director of
Administration, and Director of Finance.
The Council did not reconvene into Open Session.
21)
Alderman Ponto moved to adjourn the meeting.
The motion was seconded by Alderman Reddin and carried unanimously.
11:30 p.m.
___________________________________
Kristine A. Schmidt, City Clerk
* May be viewed in
the City Clerk’s Office.