August 21, 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, AUGUST 21, 2007, IN THE
COUNCIL CHAMBERS OF BROOKFIELD
CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN
MAYOR JEFF SPEAKER
PRESIDING
ALDERMEN PRESENT:
Scott Berg (via teleconference phone call), 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
Ald. Berg was on vacation out of the state, but participated by phone.
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 7:58 p.m. The next
Common Council meeting will be September 4th.
Three people spoke during the 15 minute segment
set aside for citizens to address the Council regarding the Calhoun Road South
area and problems with the Fairview Centre and stormwater.
Alderman Rick Owen led the Council in the
Pledge of Allegiance.
ACTIONS
OF THE COMMON COUNCIL
CONSENT
AGENDA
Alderman Jim Garvens moved approval of the items on the Consent Agenda,
except for Items #2a, 7, 9, 10, 11 and 25. The
motion was seconded by Alderman Ponto and carried unanimously.
Recorded as a roll call.
1)
Minutes from the Regular Common Council meeting of July 17, 2007.
Actions and recommendations
of the Plan Commission minutes of August 6, 2007, including
the Plan Review Board minutes of July 19, 2007
2)
• P.C. #1: Plan Review
Board recommendations of July 19, 2007:
a.
Removed from the Consent Agenda.
b. PRB #2:
Ben Aslum for approval of a temporary use permit to conduct produce sales
at 13785 W. North Avenue.
c. PRB #3:
Brookfield
Dentistry, 13905 W. Burleigh Rd.,
for a Monument Sign.
d. PRB #4a:
Johnson Bank, 14000 W. Burleigh Rd., for a Monument
Sign.
e. PRB #4b:
Johnson Bank, 14000 W. Burleigh Rd., for a Wall Sign.
f. PRB #5a:
BP, 15565 W. Bluemound Rd.,
for a Monument Sign, advertising:
BP, gas prices, logo, car wash, address.
g. PRB #5b:
BP, 15565 W. Bluemound Rd.,
for 2 Wall Signs, advertising:
Sister’s Brew Coffee, etc.
h. PRB #5c:
BP, 15565 W. Bluemound Rd.,
for a Wall Sign, advertising: Car
Wash.
i. PRB #5d:
BP, 15565 W. Bluemound Rd.,
for 2 Wall Signs, advertising:
Corner Market (1 sign denied).
j. PRB #5e:
BP, 15565 W. Bluemound Rd.,
for a Wall Sign, advertising: BP,
logo (denied).
3)
• P.C. #3: Request of
the Department of Community Development to establish permanent zoning of “R-2”
Single-family Residence District, “C” Conservancy District, “NSW” Non-Shoreland
Wetland Overlay District and “FF” Flood Fringe Overlay District on lands annexed
to the City from the Town of Brookfield via Ord. Nos. 2010-05 and 2083-06 with a
temporary zoning of “R-2” Single-family Residence District and Shoreland
Protection Overlay District.
4)
Ordinance establishing permanent zoning on lands annexed by Ord. Nos.
2010-05 and 2083-06 from the Town of
Brookfield
(Northern Oaks).
Ordinance No. 2105-07*
5)
• P.C. #4: Request of
John Kobussen for withdrawal of a request for rezoning “M-1” Residential
District to “M-2” Residential District for the purpose of constructing six (6)
condominium units at 18615 W. Burleigh Rd.
6)
• P.C. #5: Request of
John Kobussen for approval of new plan and method of operation, Preliminary
Survey/CSM and Development Agreement to be executed by the Mayor and Clerk for
the purpose of constructing five (5) condominium units at 18615 W. Burleigh
Road.
7)
Removed from the Consent Agenda.
8)
• P.C. #7: Request of
VK Development Inc. for approval of an amendment to a previously approved
Planned Development District Agreement (Ord. #1883, PDD #6) to extend the time
period within which to build the first two commercial buildings in the second
phase of Capitol Heights at 17875 W. Capitol Drive.
9)
Removed from the Consent Agenda.
0)
Removed from the Consent Agenda.
1)
Removed from the Consent Agenda.
As recommended by the Finance
Committee
12)
Vouchers exceeding $50,000 requiring immediate action.
Alderman Sutton abstained from voting on the J.F. Ahern voucher.
13)
Request to deny claim of Gregory Schroeder,
17335 Patricia Lane.
14)
Resolution approving revised City Financial Policy regarding general fund
balance.
Resolution No. 7771-07*
As recommended by the Human
Resources & Public Safety Committee
15)
Ordinance amending Ord. No. 2086-06, the 2007 Positions Ordinance, to
authorize an increase in one additional position in the Police Department
(Officer) and a reduction of one position in the Department of Public
Works/Highway Division (Operator).
Ordinance No. 2106-07*
16)
Resolution approving revisions to the Administrative Services Agreement
between the City of Brookfield and ICMA Retirement Corporation.
Resolution No. 7772-07*
17)
Resolution approving the revised City Financial Policy regarding Travel
and Transportation Expense Reimbursement.
Resolution No. 7773-07*
As recommended by the
Legislative & Licensing Committee
(All
licenses granted subject to further administrative approval)
18)
Original Bartender Licenses (see Legislative & Licensing Committee agenda
for names).
19)
Original Class B Combination Liquor and Beer license:
Vella Corporation, Inc.; d/b/a Ritter’s Inn;
12525 W. North Ave.; Eva M. Vella, Agent.
20)
Change of Agent for a Class B Combination Liquor & Beer license:
Brookfield Hills Golf Course, Inc.; d/b/a Brookfield Hills Golf Course; 16075 Pinehurst Dr.;
Linda A. Stiloski, Agent.
21)
Temporary Class B Beer Retailer’s license:
Elmbrook Rotary Club, “Hidden River Arts Festival”;
19805 W. Capitol Dr. at the Sharon Lynne Wilson
Center for the Arts; Sept. 21st – 1-7 p.m.; Sept. 22nd &
23rd – 10 a.m.-5 p.m.; Jan Constable, contact.
22)
Fireworks User Permit:
Brookfield
Academy – Athletic Fields,
3460 N. Brookfield Rd., “Founders Day Festival”,
Sept. 7th – 5-9 p.m.; John Gehrke, contact.
As recommended by the Board
of Public Works
3)
Resolution awarding the bid for the City of Brookfield Park and
Recreation Garage, 19600 Riverview Drive, Roof Replacement Project, IRS Project
13280 to BCI of Wauwatosa, Inc. for $151,004.
Resolution No. 7774-07*
24)
Resolution approving the State/Municipal Agreement for improvements to
Bluemound Road for adding street name signs and
closing a median.
Resolution No. 7775-07*
25)
Removed from the Consent Agenda.
26)
Resolution approving a Perpetual Pedestrian Path Easement with Fairview
Center LLC, TKN 1024-994, 4065 N. Calhoun Road.
Resolution No. 7776-07*
As recommended by the Water &
Sewer Board
27)
Resolution vacating the Perpetual Sanitary Sewer and Water Main Easement
on Lots 1, 2, 3 & Outlot 1 of CSM #10325, Capitol/Imperial Development.
Resolution No. 7777-07*
28)
Resolution approving the Sanitary Sewer and Water Main Easement with
Fairview Center LLC, TKN 1024-994, 4065 N. Calhoun Road.
Resolution No. 7778-07*
Council As A Whole
29)
Mayor’s Appointment:
Board of Appeals – Robert H. Buikema, 3 year term expiring 5/1/10.
*
End of the Consent Agenda *
30)
Items removed from the Consent Agenda:
2a)
Alderman Mahkorn moved approval of PRB #1, the request of Donald
R. Krause, owner, for re-approval of a final Certified Survey Map for
4065 N. Calhoun Rd., PDD #12 General Plan (Mixed
Use), Fairview Centre, a PDD development consisting of 36 multiple-family
dwelling units and a 38,345 sq. ft. commercial building.
No new lots will be created.
The motion was seconded by Alderman Owen and carried unanimously.
7)
• P.C. #6: Request of
Pandl’s for approval of a revised plan and method of operation permitting
construction of a permanent outdoor bar in the outdoor seating patio located at
18380 W. Capitol Drive.
The Plan Commission
recommended to approve the revised plan and method of operation permitting an
outdoor bar subject to the statement of operations dated July 30, 2007, bar
design schematic dated August 6, 2007, and reserving indefinitely onto the Plan
Commission the authority to periodically review the outdoor bar operation with
the potential for curtailment of its use in light of documented neighborhood
complaints.
Alderman Mahkorn
moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Nelson and carried unanimously.
9)
• P.C. #8: Request of
Venture Development for approval of an amendment to a previously approved plan
and method of operation for the construction of four (4) buildings with a total
of 69,587 sq. ft. of office and retail space to be located within the Capitol
Heights Development located northwest of the intersection of Calhoun Road and
Capitol Drive (17875 W. Capitol Drive).
The Plan Commission
recommended approval to the amendments of Plan and Method subject to the listed
conditions.
Alderman Mahkorn
moved approval of the Plan Commission recommendation.
The motion was seconded by Alderman Owen and carried Ayes 11, Nays 3 with
Aldermen Reddin, J. Mellone and Blackburn
voting nay.
10)
• P.C. #9: Request of
M&I Corporation to approve a revised plan and method of operation permitting
façade, building material rooftop screen alterations in association with an
approved approximate 55,240 sq. ft. building addition at 401 N. Executive Drive.
The
Plan Commission recommended approval of the applicant’s request to use treated
concrete instead of lannon stone on the foundation, sandblasted and stained to
match the pre-cast materials used on the remainder of the building, to approve
the revised building elevations dated May 14, 2007, regarding the height of the
rooftop screening (including the installation of an access door of the same
material instead of an open space), and the use of fritted glass in the entirety
of both staircases.
Alderman
Mahkorn moved approval of the Plan Commission recommendation.
The motion was seconded by Alderman Owen.
Alderman
Blackburn amended the motion to take second option to spread out units and keep
roof lower for the screening of mechanicals.
The motion was seconded by Alderman J. Mellone and lost Ayes 4, Nays 9
with Alderman Ponto abstaining.
The original motion carried Ayes 11, Nays 2 with Alderman Ponto
abstaining.
11)
• P.C. #10: Request of
WHM Leasing LLC for approval of a “General Plan” and scheduling of a Planned
Development District public hearing permitting the construction of an
approximate 127,000 sq. ft. commercial building with four floors atop a two
level parking structure with one level below grade resulting in a structure with
a total height of 97’ at the northeast corner of Moorland Road and Greenfield
Avenue, Tax Key #1147-993-001 and 1147-991, named Fountain Brook Crossing.
The
Plan Commission recommended approval of the General Plan and recommended
scheduling a PDD Public Hearing subject to reconciling traffic impact analysis
issues and water main proximity with City staff.
Alderman
Mahkorn moved approval of the Plan Commission recommendation.
The motion was seconded by Alderman Nelson and carried unanimously.
25)
Alderman Owen moved approval to install flashing light for a pedestrian
crossing on North Avenue at Norhardt Drive.
The motion was seconded by Alderman Berg and carried unanimously.
Plan
Commission actions and recommendation of August 6, 2007
31)
• P.C. #2: Request of
T-Mobile for approval of a conditional use and revised plan and method of
operation permitting a second wireless telecommunications provider at the 19295
Alta Vista Circle Water Tower with ground mounted equipment on a pad.
The
Plan Commission recommended approval of the conditional use and revised plan and
method of operation subject to the application packet dated June 22, 2007 with
staff approval of a revised landscape plan modified to include evergreen species
with an installation height of no less than 7’ and deciduous shrubs no less than
4’ in height.
Alderman
Mahkorn moved adoption of the Plan Commission recommendation subject to amending
the Plan Commission requirement that six evergreens be replaced on the landscape
schedule by six additional deciduous shrubs instead.
The motion was seconded by Alderman Owen and carried unanimously.
32)
Alderman Mahkorn moved adoption of the Ordinance granting a conditional
use to permit installation of wireless telecommunications equipment and antenna
for one provider at 19295 Alta Vista Circle Water Tower.
The motion was seconded by Alderman Owen.
A roll call vote was taken and carried unanimously.
Ordinance No. 2107-07*
Finance Committee
33)
Alderman Garvens moved approval of the Resolution approving lease
agreement with T-Mobile Central LLC for the use of City-owned facilities for
wireless communications facilities at the Alta Vista Water Tower.
The motion was seconded by Alderman Reddin and carried unanimously.
Resolution No. 7779-07*
Board of Public Works
34)
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.
Alderman
J. Mellone moved to remove the item from the table.
The motion was seconded by Alderman Blackburn and carried Ayes 8, Nays 6
with Aldermen Reddin, Owen, Garvens, Ponto, Mahkorn, and Franz voting nay.
Alderman
J. Mellone moved to delay the reconstruction of the bridge at I-94 and Calhoun Road until the time that I-94 is
reconstructed. The motion failed
with Aldermen L. Mellone, Blackburn, and J.
Mellone voting Aye.
35)
Legislative Referrals and Request for Services:
a.
Alderman Reddin requested the Human Resources & Public Safety Committee
report on shared dispatch.
36)
Alderman Ponto moved to adjourn.
The motion was seconded by Alderman Garvens and carried unanimously.
9:30 p.m.
* May be viewed in the City
Clerk’s Office.
Minutes respectfully
submitted by Kristine A. Schmidt, City Clerk