THESE ARE THE MINUTES OF A COMMON COUNCIL MEETING OF THE 27^TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, MAY 15, 2007, 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, Rick Owen, Christopher Blackburn, Bill Carnell, Bob Reddin, Lisa Mellone, Ron Balzer, Mark Nelson, Jim Garvens, Dan Sutton, Jerry Mellone, Mike Franz

 

ALDERMEN ABSENT & EXCUSED: None

ALSO PRESENT: City Attorney Karen Flaherty, City Clerk Kris Schmidt, Director of Administration Dean Marquardt, Director of Public Works Tom Grisa, Director of Finance Robert Scott, Director of Human Resources Jim Zwerlein, Director of Community Development Dan Ertl, Economic Development Coordinator Pat Drinan

Mayor Jeff Speaker called the Common Council to order at approximately 8:40 p.m. The next Common Council meeting will be June 5^th .

One person spoke during the 15 minute segment set aside for citizens to address the Council regarding the 124^th Street and Lisbon Road Neighborhood Plan.

A presentation was given by Mike Stumpf, of R.A. Smith & Associates, Inc., regarding the 124^th Street and Lisbon Road Neighborhood Plan. (The Powerpoint slides may be viewed in the City Clerk’s office.)

 

Alderman Mike Franz led the Council in the Pledge of Allegiance.

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ACTIONS OF THE COMMON COUNCIL

A public hearing was heard regarding the request of the City of Brookfield to amend Sections 3, 15, 16 and 17 of the Municipal Code relating to development Impact Fees. Separate minutes were taken for the public hearings.

CONSENT AGENDA

Alderman J. Mellone moved approval of the items on the Consent Agenda, except for Items #3, 5, 6, and #25. The motion was seconded by Alderman Garvens and carried unanimously. Recorded as a roll call.

1) Minutes from the Regular Common Council meeting of May 1, 2007.

Actions and recommendations of the Plan Commission minutes of May 7, 2007, and the Plan Review Board minutes of April 19, 2007

2) • P.C. #1: Plan Review Board recommendations of April 19, 2007:

                        a. PRB #1: CP Capitol I, LLC, for re-approval of a Certified Survey Map for 1457014620 W. Capitol Drive. One multiple-family residential lot will be removed. The C.S.M. was approved by the Commission on 9/11/06 and such approval has lapsed.

                        b. PRB #2: Kings Way Land Development LLC for re-approval of a preliminary survey map, final certified survey map and revised plan and method of operation for the Preserve at Chapel Hill combining same with 4275 N. Brookfield Road and relocating a stormwater detention basin thereupon. No new lots will be created.

                        c. PRB #3: Brenda Maull (with Jeff Mierow and Roger & Carol Pelzman) for re-approval of a Certified Survey Map representing a landsplit at 16685 Lower Valley Ridge Drive. One new lot will be created.

 

d. PRB #4: Brookfield Square Mall, 95 N. Moorland Rd., for a campus sign plan.

3) Removed from the Consent Agenda.

4) • P.C. #4: John Kobussen, d/b/a Pines of Brookfield LLC, for approval to schedule a rezoning public hearing for the purpose of rezoning property from “M-1” Multiple-family Residence District to “M-2” Multiple-family Residence at 18615 W. Burleigh Road to facilitate the construction of six condominium units.

 

5) Removed from the Consent Agenda.

 

6) Removed from the Consent Agenda.

 

7) P.C. #6: Rezone properties located at 12501-05 W. Bluemound Rd., 12785 W. Bluemound Rd., and 12935 W. Bluemound Road from “B-3”, “O&LI”, “I”, and “C” to Office and Limited Residential/Commercial District No. 3 “O&LR/C #3” and to establish the base zoning of O&LR/C #3 on a portion of the Canadian Pacific Railroad located at approximately 126^th Street and Bluemound Road for purposes of implementing the 124^th Street and Bluemound Road Neighborhood Plan.

8) Ordinance applying the Office and Limited Residential/Commercial Dist. No. 3 (O&LR/C #3) Zoning District to four properties in the 124^th Street and Bluemound Road Neighborhood Plan Area (12501-05 W. Bluemound Rd., 12785 W. Bluemound Rd., 12935 W. Bluemound Rd., and the Canadian Pacific Railroad right-of-way). Ordinance No. 2099-07*

9) • P.C. #7: CSM Corporation and Quebecor Corporation for approval of a resolution release the use restrictions and forfeiture and reverter rights of certain properties located within the 124th Street and Bluemound Road Neighborhood Plan area where there exists certain use restrictions (industrial) and property ownership would revert to the City of Brookfield under terms of a Development Plan prepared by the Brookfield Urban Redevelopment Corporation dated Sept. 13, 1965.

10) Resolution releasing Quebecor Corporation from the Use Restrictions and Forfeiture and Reverter Rights held by the City (12785 W. Bluemound Road). Resolution No. 7741-07*

As recommended by the Finance Committee

11) Vouchers exceeding $50,000 requiring immediate action.
12) Request to deny claim: Jeremy Janke.
13) Resolution approving public depositories for the City of Brookfield. Resolution No. 7742-07*
14) Resolution approving authorized broker/dealers for City of Brookfield investments. Resolution No. 7743-07*

15) Resolution directing disposition of proceeds from sale of city-owned land on west side of Brookfield Road (Tax Key #’s 1139-979-004 and 005). Resolution No. 7744-07*

As recommended by the Human Resources & Public Safety Committee

16) Ordinance amending Sections 2.40.020, 2.76.020, .040, .090, .110, .120, and .130 and creating 2.76.150 of the Municipal Code regarding Civil Service Regulations. Ordinance No. 2100-07*

 

As recommended by the Legislative & Licensing Committee

(All licenses granted subject to further administrative approval)

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

 

18) Renewal Bartender Licenses (see Legislative & Licensing Committee agenda for names).

 

19) Temporary Class B Malt License: Rotary Club of Elmbrook for Spikes for Tykes, June 2^nd, 10a.m. – 4 p.m., at Mitchell Park.

 

20) Temporary Use License: Breast Cancer Fundraiser, 16760 W. Greenfield Ave. (Rita Rae’s), May 19^th, 2-8 p.m.
21) Original Class B Combination Beer and Liquor: Sluggo’s of Brookfield, Inc. (new owner), d/b/a Sluggo’s of Brookfield, 12760 W. Burleigh Rd., Ronald G. Couillard – Agent (eff. 7/1/07).

22) Renewal Class A Combination Beer and Liquor licenses:

                        a. Sendik’s, 18985 W. Capitol Dr.

                        b. Sendik’s Market Elmbrook, 2315 N. 124^th St.

                        c. Westbrook Beverage Center, 13430 W. Greenfield Ave.

           d. World Market, 625 Main St.

 

23) Renewal Class B Combination Beer and Liquor licenses:

                        a. American Legion Post #449, 3245 N. 124^th St.

                        b. Belle’s Castle Inn, 13170 W. Greenfield Ave.

                        c. Boulder Junction, 12550 W. Burleigh Rd.

                        d. Brookfield Hills Golf Course, 16075 Pinehurst Dr.

                        e. Brookfield Suites Hotel, 1200 S. Moorland Rd.

                        f. Chili’s, 17915 W. Bluemound Rd.

                        g. Doubletree Milwaukee Brookfield, 18155 W. Bluemound Rd.

                        h. Ellen Zilli’s Catering, 19805 W. Capitol Dr. (Sharon Lynne Wilson Center)

                        i. Jake’s Restaurant, 21445 W. Gumina Rd.

                        j. Marty’s Pizza, 16680 W. Bluemound Rd.

                        k. Papa Georgio’s, 17495 W. Capitol Dr.

                        l. Pedro’s Mexican Restaurant, 17105 W. Bluemound Rd.

                        m. Saffron Indian Bistro, 17395 W. Bluemound Rd. #D-1

                        n. Sticks & Stones, 2300 Pilgrim Square Rd.

 

As recommended by the Water & Sewer Board

24) Resolution approving the Perpetual Sanitary Sewer Easement between CSM Country Inn Milwaukee West (Country Inn & Suites), 1250 S. Moorland Rd., and the City of Brookfield.

Resolution No. 7745-07*

25) Removed from the Consent Agenda.

26) Resolution awarding the bid for the 2007 Sanitary Sewer & Manhole Rehabilitation Project #SA-07-02 to Visu-Sewer Clean & Seal Inc. for $348,756.00. Resolution No. 7747-07*

Council As A Whole

27) Mayor’s Reappointments:

                        a. Ray Walker – Board of Review: 3 year term expiring January 1, 2010.

                        b. Jack Shaw – Board of Review: 3 year term expiring January 1, 2010.

                        c. Jennifer Donze – Plan Commission: 3 year term expiring May 1, 2010.

                        d. Judith Murphy – Convention & Visitors Bureau: 3 year term expiring May 1, 2010.

                        e. Kevin Bublitz – Board of Zoning Appeals: 3 year term expiring May 1, 2010.

 

* End of the Consent Agenda *

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28) Items removed from the Consent Agenda:

3) Alderman Mahkorn moved approval of Plan Commission recommendation for P.C. Item #2, the request of James Stevenson and Timothy Johnson for approval of a preliminary survey map containing three single-family lots at the southwest corner of I-94 and Elm Grove Road, a.k.a. Tax Key No. 1150-994. Two new single-family lots will be created. (The Plan Commission recommended to deny the request.) The motion was seconded by Alderman Owen and carried unanimously.

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5) Alderman Mahkorn moved approval of Plan Commission recommendation for P.C. Item #5, Creating Chapter 17.75 Office and Limited Residential/Commercial District No. 3 (O&LR/C #3) within the Zoning Code, or the new zoning district that would be applied to properties located at 12501 thru 12935 W. Bluemound Road for purposes of implementing the 124^th Street and Bluemound Road Neighborhood Plan. The motion was seconded by Alderman Owen.

 

Alderman L. Mellone moved to substitute the following language for paragraph 17.75.040 (C) on page 4, “C. Setback: twenty-five (25) feet minimum for buildings along Bluemound Road and Columbia Boulevard, and zero (0) feet along other public streets. Parking is prohibited between the building and Bluemound Road, and side yard parking shall be no closer to Bluemound Road than the building it services, unless otherwise approved by the Plan Commission. The plan commission shall make a written determination that such approval is consistent with the intent of the neighborhood plan. A minimum four (4) foot high garden wall consisting of an open decorative metal fence and shrubs must be located at the street side edge of any parking that is permitted between the building and Bluemound Road.” The motion was seconded by Alderman Owen and carried unanimously.

The motion as amended carried Ayes 13, Nays 1 with Alderman Blackburn voting nay.

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6) Alderman Mahkorn moved adoption of the Ordinance creating a new mixed use zoning district “Office and Limited Residential/Commercial District No. 3” (O&LR/C #3) within the Zoning Code (Chapter 17.75) to apply to certain lands located in the 124^th Street and Bluemound Road Neighborhood Plan. The motion was seconded by Alderman Garvens.

Alderman L. Mellone moved to substitute the following language for paragraph 17.75.040 (C) on page 4, “C. Setback: twenty-five (25) feet minimum for buildings along Bluemound Road and Columbia Boulevard, and zero (0) feet along other public streets. Parking is prohibited between the building and Bluemound Road, and side yard parking shall be no closer to Bluemound Road than the building it services, unless otherwise approved by the Plan Commission. The plan commission shall make a written determination that such approval is consistent with the intent of the neighborhood plan. A minimum four (4) foot high garden wall consisting of an open decorative metal fence and shrubs must be located at the street side edge of any parking that is permitted between the building and Bluemound Road.” The motion was seconded by Alderman Owen and carried unanimously.

The ordinance as amended carried Ayes 13, Nays 1 with Alderman Blackburn voting nay.   Ordinance No. 2101-07*

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25) Alderman Berg moved approval of the Final Resolution levying special assessments: Donald Krause, Stonewood Subdivision Sanitary Sewer Project, 4065 N. Calhoun Rd., TKN 1024-994, $101,743.04. The motion was seconded by Alderman Owen and carried unanimously. Final Resolution No. 7746-07*

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Actions and recommendations of the Partial Plan Commission minutes of April 23, 2007

29) • P.C. #8: 124^th Street and Lisbon Road Neighborhood Plan dated April 2007. (Presentation provided to Common Council.)

The Plan Commission recommended to accept the 124^th Street and Lisbon Road Neighborhood Plan report and direct staff to initiate the Zoning Code amendments as time permits, and with the following amendments: (1) Leave the option for Tax Increment Financing; (2) Parking shall remain at two stalls per 1,000 square feet of building area; and (3) Minimum lot width shall be 150’. Further, recommended that the Common Council adopt the neighborhood plan document and direct City staff to begin the Official Map process for 128^th Street between Lisbon Road and Congress Street, and vacation and de-mapping of Marion Street. The vacation and de-mapping of 127^th Street between Lisbon Road and Congress Street would be a future step when conditions warrant.

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

Alderman Sutton stated in order to add the reconstruction and widening of 124^th Street to the list of “Short Term Initiatives” in the 124^th Street & Lisbon Road Neighborhood Plan, he moved the following amendment, “On page 42 of the Draft Plan dated May 15, 2007, add “124^th Street” to the first bullet point item under “Short Term Initiatives”, and on page 43 remove the last bullet point item under “Long Term Initiatives”. The motion was seconded by Alderman Carnell.

Alderman Ponto moved to table and refer back to the Plan Commission for appropriate language that would realistically move up the widening of 124^th Street from the “Long Term Initiatives” to the “Short Term Initiatives”. The motion was seconded by Alderman Nelson and carried Ayes 8, Nays 6 with Aldermen Sutton, Carnell, Balzer, J. Mellone, Blackburn and L. Mellone voting nay.

30) Alderman Mahkorn moved approval of the Resolution adopting the 124^th Street and Lisbon Road Neighborhood Plan dated April 2007. The motion was seconded Alderman Berg.

Alderman Berg moved to table the item. (See item 29) The motion was seconded by Alderman Owen and carried unanimously.

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