July 17, 2007
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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official minutes.
THESE ARE THE MINUTES OF A
COMMON COUNCIL MEETING OF THE 27TH
COMMON COUNCIL, HELD AT 7:45 P.M.,
TUESDAY, JULY 17, 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 Community Development Dan Ertl, 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 August 21st.
Council President Ponto announced that he had appointed
Alderman Lisa Mellone as liaison to the ElmBrook School District.
Five people spoke during the 15 minute segment set aside
for citizens to address the Council regarding the Mayor’s Veto of the
construction of a sidewalk on the eastside of Lilly Road (item #25 on the agenda).
Alderman Bob Reddin led the Council in the Pledge of Allegiance.
ACTIONS OF THE COMMON COUNCIL
A public hearing was heard regarding the request of the Dept. of
Community Development, City of Brookfield to establish permanent zoning of
74.0621 acres of land annexed by Ord. Nos. 2010-05 and 2083-06 with a temporary
zoning of “R-2” Single-family Residence District, some of which also bears a
temporary zoning of Shoreland Protection Overlay District.
(Separate minutes were taken for the public hearings.)
CONSENT AGENDA
Alderman Sutton asked to have Item #10 removed from the Consent Agenda.
Alderman Jerry Mellone moved approval of the items on the Consent
Agenda, except for Item #10. The motion
was seconded by Alderman Blackburn and carried unanimously.
Recorded as a roll call.
1)
Minutes from the Regular Common Council meeting of June 19, 2007.
Actions and recommendations
of the Plan Commission minutes of July 9, 2007, including
the Plan Review Board minutes
of June 21, 2007
2)
• P.C. #1: Plan Review
Board recommendations of June 21, 2007, excluding Item #3 – Snap
Fitness, 14335 W. Capitol Dr.:
a. PRB #1:
Akbar and Parveen Ismail for approval of a preliminary survey and
certified survey map for a property located at 20800 Barberry Street.
Two new lots will be created.
b. PRB #2:
St. Luke Parish,
18000 W. Greenfield Ave., for approval of an
amendment to their temporary use
permit to conduct a church festival.
c. PRB #A:
Capitol
Plaza
Shopping Center, 15740 W. Capitol Dr.,
for a Master Sign Program amendment.
d. PRB #B1:
Cream
City Music/Puzzle World, 12501-05 W. Bluemound Rd.,
for a monument sign.
e. PRB #B2:
Cream
City Music, 12505 W. Bluemound Rd.,
for a wall sign.
f. PRB #B3:
Puzzle World, 12501 W. Bluemound Rd., for a wall sign.
3)
• P.C. #3: T-Mobile
for approval of a conditional use and revised plan and method of operation for
the purpose of permitting installation of wireless telecommunications equipment
and antenna for one telecommunications provider at 15605 Burleigh Place, the
site of First Church of Christ Scientist.
4)
Ordinance approving a conditional use for the purpose of permitting
installation of wireless telecommunications equipment and antenna for one
telecommunications provider at 15605 Burleigh Place, the site of First Church of
Christ Scientist.
Ordinance No. 2104-07*
5)
• P.C. #4: City of
Brookfield and Thomson Corporation for re-approval of a Certified Survey Map
(CSM) for a dedication of 0.0035 acres of land for public street purposes at the
intersection of Thomson Drive and Richland Parkway.
6)
• P.C. #5: Pandl’s for
approval of a revised plan and method of operation permitting construction of a
permanent outdoor canopy structure in the outdoor seating patio located at 18380
W. Capitol Drive.
Approval of the outdoor canopy structure
only – not the bar.
As recommended by the Finance
Committee
7)
Vouchers exceeding $50,000 requiring immediate action.
8)
Request to deny claim – Gurtner.
9)
Request of the Highway Division to purchase road salt for snow/ice
control from North American Salt Company for $160,072.
10)
Removed from the Consent Agenda.
As recommended by the
Legislative & Licensing Committee
(All
licenses granted subject to further administrative approval)
11)
Original Bartender Licenses (see Legislative & Licensing Committee agenda
for names).
12)
Renewal Bartender Licenses (see Legislative & Licensing Committee agenda
for names).
13)
Transfer of a Class B Combination Beer & Liquor license from one premise
to another for GB Hospitality, LLC; d/b/a The Bowary Pub & Eatery; Mark J. Bowar
– Agent; from 14640 W. Capitol Drive to 17000 W. Capitol Drive.
14)
Original Class A Combination Beer & Liquor license:
The Fresh Market, Inc.; d/b/a The Fresh Market;
15895 W. Bluemound Rd.; Brian A. Fichtner – Agent.
As recommended by the Parks &
Recreation Commission
15)
Resolution relative to the purchase of 16 acre wetland parcel from E.
Madushaw & S. Spitzer & J. Andree & Griswold Trust for open space preservation
and outdoor recreation for $45,000.
Resolution No. 7763-07*
As recommended by the Board
of Public Works
16)
Resolution relative to Veolia Environmental Services providing yard waste
pickup for residential properties on a voluntary and user fee basis.
Resolution No. 7764-07*
17)
Resolution awarding the bid for the Dunham’s Easement Storm Sewer Project
No. SW-07-03 to Musson Brothers, Inc. for $116,100.
Resolution No. 7765-07*
As recommended by the Water &
Sewer Board
18)
Resolution reconfirming the Option Assessment Connection Policy.
Resolution No. 7766-07*
19)
Resolution awarding the bid for the Lilly Road Relief Sewer Project
#SA-07-03 to Wanasek Corporation for $38,900.
Resolution No. 7767-07*
20)
Resolution approving the Municipal Utility Easement with CP Capitol I,
LLC (aka Wyndham Pointe Condominiums), TKN 1016-988 and 1016-989.
Resolution No. 7768-07*
As recommended by the Board
of Public Works and Water & Sewer
Board
21)
Resolution approving a Perpetual Water Main and Pedestrian Path Easement
with CP Capitol I, LLC (aka Wyndham Pointe Condominiums), TKNs 1016-988 &
1016-989.
Resolution No. 7769-07*
22)
Resolution approving the Perpetual Water Main and Pedestrian Path
Easement with Italeb LLC (Eddie Z’s), 14640 W. Capitol Dr., TKN 1016-987. Resolution No. 7770-07*
*
End of the Consent Agenda *
23)
Items removed from the Consent Agenda:
10)
Alderman Garvens moved approval of the Resolution approving 2007 General
Fund budget amendment requested by the Director of Finance:
increase transfers to other funds account 101-910-591 by $375,000 for
purposes of funding a transfer to the Public Facilities fund for future fire
station construction costs.
The motion was seconded by Alderman Reddin and carried unanimously.
Resolution No. 7771-07*
Board of Public Works
24)
The next item will be placed on the August 21, 2007, Common Council
agenda, the tabled action and possible discussion from the Board of Public Works
meeting on July 10, 2007, for a request to delay the widening of Calhoun Road
and the replacement of the I-94 bridges over Calhoun Road.
Council As A Whole
25)
Presentation of Mayor’s Veto of the Common Council’s action on June 19,
2007, to remove the construction of the sidewalk from the eastside of Lilly Road
as part of the Burleigh/Lilly Road project.
Discussion and possible action to override veto.
(Override requires 10 votes.)
After considerable discussion, Alderman Sutton moved to override the
Mayor’s Veto. The motion was
seconded by Alderman Carnell and lost Ayes 8, No’s 6 with Aldermen Reddin, Owen,
Garvens, Ponto, Nelson, Mahkorn voting no.
10 votes were required to override
the Mayor’s veto.
26)
Legislative Referrals:
a.
Alderman Sutton requested the Plan Commission amend the Intensive Use
section of the Municipal Code pertaining to health clubs.
b.
Alderman Carnell requested the projected yearly cost be estimated for
snow removal for an average winter if sidewalks are constructed in Brookfield on both sides of all arterials as
directed by the 2020 Master Plan.
Alderman Blackburn further requested the cost include manpower, equipment, etc.
c.
Alderman Reddin requested the Board of Public Works to consider the build
out of the full sidewalk on Lilly
Road, ideally from
Capitol Drive
to North Avenue,
or at the very least North Avenue
to Keefe. He requested the Director of
Public Works calculate the numbers for that immediately and that the Board of
Public Works act on it quickly.
d.
Alderman Reddin requested the Board of Public Works review the pace of
sidewalk projects, and consider a plan to pick-up the pace of the overall
sidewalk plan in the City.
29)
Alderman Ponto moved to adjourn.
The motion was seconded by Alderman Reddin and carried unanimously.
9:25 p.m.
* May be viewed in the City
Clerk’s Office.
Minutes respectfully
submitted by Kristine A. Schmidt, City Clerk