September 18, 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.
Click here to download a PDF file of the
official minutes.
THESE ARE THE MINUTES OF A
COMMON COUNCIL MEETING OF THE 27TH
COMMON COUNCIL, HELD AT 7:45 P.M.,
TUESDAY, SEPTEMBER 18, 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 (via teleconference), 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 Finance Robert Scott, Director of
Human Resources Jim Zwerlein, Director of Public Works Tom Grisa, Director of
Community Development Dan Ertl
Mayor Jeff Speaker called the Common Council to order
at approximately 7:45 p.m. The next
Common Council meeting will be October 2nd.
Seven people spoke during the 15 minute segment
set aside for citizens to address the Council regarding the proposed fire
station at the northwest corner of Calhoun Road and Greenfield Avenue.
Alderman Jim Garvens led the Council in the
Pledge of Allegiance.
ACTIONS
OF THE COMMON COUNCIL
CONSENT
AGENDA
Alderman Garvens moved approval of the items on the Consent Agenda,
except for Items #3 and #6. The motion
was seconded by Alderman Ponto and carried unanimously.
Recorded as a roll call.
1)
Minutes from the Regular Common Council meeting of September 4, 2007.
Actions and recommendations
of the Plan Commission minutes of September 10, 2007, including
the Plan Review Board minutes
of August 23, 2007
2)
• P.C. #1: Plan Review
Board recommendations and actions of August 23, 2007:
a. • PRB #1:
George and Dorothy Sarandos, 13785 James St., for
approval of a four-lot preliminary survey map of Lot 13 and Outlot 1 in Vogel
Vista, Parcel 2 in Certified Survey Map No. 7520, Lot 1 in Arcadian Estates and
unplatted lands from 13665 to 13785 James Street.
One new single-family lot will be created.
b. • PRB #2:
Plan Commission action, request
of Michael and Linda Schneider, 19255 Upper Lothmoor Dr.,
for approval of a two-lot preliminary survey and Certified Survey Map.
c. • PRB #4:
Plan Commission action, request
of Anytime Fitness for a health club at 2205 N. Calhoun Road.
d. • PRB #5:
Care-age of Brookfield, 1755 N. Barker Rd., for a wall sign.
e. • PRB #6a:
The Bowary Pub & Eatery,
17000 W. Capitol Dr., for
a monument sign.
f. • PRB #6b:
The Bowary Pub & Eatery,
17000 W. Capitol Dr., for
a wall sign.
g. • PRB #7:
Lemberg Electric Company Inc.,
4085 N. 128th St.,
for a monument sign.
3)
• P.C. #2:
Removed from the consent agenda.
4)
• P.C. #3: Brookfield
Ventures II, LLC, for final plat re-approval of Weston Highlands II, a
re-division of Lot 1, Outlots 2, 4, 5, and 6 of Weston Highlands and unplatted
lands consisting of six lots and two outlots located at the terminus of Patti
Lane.
5)
• P.C. #4: Wimmer
Communities for approval of a PDD-General Plan and public hearing to rezone
approximately 2.9 acres of land located at the southeast corner of Wisconsin
Avenue and Ruf Road from “C” Conservancy and “PDD #8” to “PDD General
Plan-Residential” for purposes of constructing Georgetown Square Phase II, a 56
units apartment project.
6)
• P.C. #5:
Removed from the consent agenda.
7)
• P.C. #6: Ratzel and
Associates for approval of a revised plan and method of operation permitting
construction of a 4,469 sq. ft. office building at 3330 N. Springdale Road.
8)
• P.C. #8: City of
Brookfield
Dept. of Administration, 2000 N.
Calhoun Rd., for approval to schedule a conditional
use public hearing for the purpose of permitting the addition of a 1,149 sq. ft.
colonnade on the east façade on the south wing of City Hall with attendant
façade and site alterations.
As recommended by the Finance
Committee
9)
Vouchers exceeding $50,000 requiring immediate action.
Alderman Sutton abstained from voting for the voucher from J. F. Ahern.
10)
Resolution certifying proposed library funding for purposes of exemption
from Waukesha County
library tax levy.
Resolution No. 7782-07*
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)
Temporary Class B Beer and Wine license:
St. Luke Congregation, 18000 W. Greenfield Ave., for their Fall Festival,
October 5th & 6th, 5-11 p.m. and 3-11 p.m.
13)
Temporary Class B Beer license:
The Brookfield Junior Woman’s Club at Mitchell Park Pavilion for The Big
Chili Round-Up on October 7th, 1-3:30 pm.
As recommended by the Board
of Public Works
14)
Resolution approving the Easement Agreement for the creation of a
permanent pedestrian path with M&I Support Services Corp., 401 N. Executive
Drive (north/south path).
Alderman Ponto abstained.
Resolution No. 7783-07*
15)
Resolution approving a WE Energies Underground Distribution Easement on
Outlot 1 of The Sanctuary East Subdivision, TKN 1114-039 with Wisconsin Electric
Power Company.
Resolution No. 7784-07*
16)
Resolution approving a Resolution approving the Pedestrian Crossing Sign
Policy.
Resolution No. 7785-07*
Council As A Whole
17)
Resolution awarding the bid for the Tennis Courts Reconstruction Project
#PR-03-07 to Munson, Inc. for $101,073.
Resolution No. 7786-07*
*
End of the Consent Agenda *
18)
Items removed from the Consent Agenda.
3)
• P.C. #2:
Venice
Club, 1905 N. Calhoun Rd.,
for a temporary use permit to allow an outdoor charity event.
The Plan Commission recommended approval of the temporary use permit for
the Venice Club to hold a charity event on October 7, 2007.
Alderman Mahkorn moved adoption of the Plan Commission recommendation.
This was seconded by Alderman Berg and carried unanimously.
6)
• P.C. #5: V.K. Lisbon
LLC for preliminary plat approval of Johnson
Heights, a 27-lot single-family subdivision at the southeast
corner of Lisbon and Pilgrim Roads.
The
Plan Commission recommended approval of the preliminary plat as submitted and
dated August 27, 2007, subject to the conditions listed in the Plan Commission
minutes of September 10, 2007, and to direct staff to maintain the official
zoning map by adjusting the “C” boundary.
Alderman
Mahkorn moved adoption of the Plan Commission recommendation.
The motion was seconded by Alderman Nelson.
Alderman
Carnell moved to amend the motion to add that the developer’s engineer and the
City Engineer should use special attention to preserve as many trees as possible
within the tolerance of utility location and grading.
The motion was seconded by Alderman Sutton and carried unanimously.
The
motion as amended carried unanimously.
BOARD
OF PUBLIC WORKS
19)
Discussion and approval of Description, Plat, and Resolution of Necessity
relative to acquisition and condemnation of lands to be acquired for the public
purpose of the construction of a fire station near the intersection of
Calhoun Road and
Greenfield Avenue.
The properties to be acquired are single family residence 17280 W.
Greenfield Avenue, TKN 1140-995; single family residence 1135 S. Calhoun Road,
TKN 1140-265; single family residence 1350 Adelmann Avenue, TKN 1140-999-001;
single family residence 1330 Adelmann Avenue, TKN 1140-266; and vacant parcels
located at 17200, 17230 and 17250 W. Greenfield Avenue and 1355 S. Calhoun Road,
TKN 1140-996, 1140-997, and 1140-999.
Alderman Owen moved approval of the Description, Plat, and Resolution of
Necessity as indicated in the agenda and approved by the Board of Public Works.
The motion was seconded by Alderman Berg.
Alderman Jerry
Mellone moved to refer the site selection for Station three back to the Board of
Public Works to determine a site other than site one.
The motion was seconded by Alderman Blackburn.
Alderman Sutton offered a friendly amendment that removed the exclusion
of site one from the determination and stated that the following parameters
should be used to make the determination of the site; dollar figures, impact on
residents, and operational issues.
The friendly amendment was accepted by both the maker of the motion and the
second. The motion as amended failed
six to eight; Alderman Sutton, Carnell, Balzer, Jerry Mellone, Blackburn and
Lisa Mellone voting aye.
Alderman Blackburn
moved to table the discussion until the next meeting, October 2, 2007, to enable
Aldermen to receive more information on the matter.
The motion was seconded by Alderman Sutton and the vote was split seven
to seven. Aldermen Sutton, Carnell,
Reddin, Balzer, Jerry Mellone, Blackburn, and
Lisa Mellone voting Aye. Aldermen
Owen, Garvens, Ponto, Nelson, Mahkorn, Berg, and Franz voting nay.
The Mayor voted to table breaking the tie.
The Mayor requested all Aldermen with questions outstanding must get them
in by Tuesday, September 25, 2007 to be answered by Staff.
Council As A Whole
(The Council took a 5 minutes recess.)
20 and
21) 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)(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 of strategy with legal
counsel about the pending I&I lawsuit, Sanitary District No. 4—Town of Brookfield v. City of Brookfield;
the pending cable television federal lawsuit, Intervention in City of Milwaukee, WI
v. AT&T; and the pending lawsuit Pheasant Run Condominium Homes Association et.
al. City of Brookfield. Discussion
and approval of a Resolution approving the Participation Agreement for Formation
of Cable Legislation Group relative to a proposed state cable bill.)
Alderman Ponto moved to convene into Closed Session under Section
19.85(1)(e) and (g) Wisconsin Statutes.
The motion was seconded by Alderman Mellone and carried unanimously.
Recorded as a roll call.
10:25 p.m.
Present during closed session were as follows:
City Clerk, City Attorney, Director of Public Works, Director of Human
Resources, Director of Community Development, Director of Administration, and
Director of Finance.
Alderman
Ponto moved to reconvene into Open Session per Section 19.85(2) Wisconsin
Statutes. The motion was seconded by
Alderman Sutton and carried unanimously.
Recorded as a roll call.
10:45 p.m.
No
action was taken on Item #20.
21)
Alderman Ponto moved approval of the Resolution approving the
Participation Agreement for Formation of Cable Legislation Group relative to a
proposed state cable bill. The
motion was seconded by Alderman Garvens and carried unanimously.
Resolution No. 7787-07*
22)
Legislative Referrals and Request for Services:
None.
23)
Alderman Ponto moved to adjourn.
The motion was seconded by Alderman Nelson and carried unanimously.
10:50 p.m.
*
May be viewed in the City Clerk’s Office.
Minutes
respectfully submitted by Kristine A. Schmidt, City Clerk