Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin
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October 16, 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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THESE ARE THE MINUTES OF A COMMON COUNCIL MEETING OF THE 27TH COMMON COUNCIL, HELD AT 7:45 P.M., TUESDAY, OCTOBER 16, 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 Finance Robert Scott, Fire Chief John Dahms, 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 November 6th.

 No one spoke during the 15 minute segment set aside for citizens to address the Council.


 Dan Ertl introduced the presentation and explained the role of the Community Redevelopment Authority.  Steve Miagza, National Survey & Engineering; Jim Mann, Ehlers & Assoc.; and Mike Arneson, Community Development Authority member; presented a report by R.A. Smith & Associates regarding 124th Street and Capitol Drive Redevelopment Analysis-Infrastructure Report, including a recommendation from the Community Development Authority. Gordie Rosmus, Community Development Authority member was also present (The PowerPoint slides may be viewed in the City Clerk’s Office.)


Alderman Mark Nelson led the Council in the Pledge of Allegiance.


ACTIONS OF THE COMMON COUNCIL

 CONSENT AGENDA

 Alderman Reddin moved approval of the items on the Consent Agenda, except for Items #2a and #8.  The motion was seconded by Alderman Ponto and carried unanimously.  Recorded as a roll call.

 1)         Minutes from the Regular Common Council meeting of October 2, 2007.

 Actions and recommendations of the Plan Commission minutes of October 8, 2007, including the

Plan Review Board minutes of September 20, 2007

2)         P.C. #1:  Plan Review Board recommendations of September 20, 2007 –

                        a.  Removed from the Consent Agenda.

                        b.  PRB #2:  Chesterwood Park subdivision, corner of Lilly Road and Chesterwood Drive, for a replacement subdivision entry sign.

                        c.  PRB #3:  Brookfield Rehabilitation, 18740 W. Bluemound Rd., for a replacement monument sign.

 3)         P.C. #2:  Westnorwich LLC for approval of a commercial Development Agreement for the Ratzel Office building at 3330 N. Springdale Road.

 4)         P.C. #3:  CBL and Associates Properties for approval of revised building materials and façade improvement design for a previously approved plan and method of operation (Brookfield Square Phase V) to permit select façade improvements at Brookfield Square Shopping Center located at 95 N. Moorland Road.  An exterior façade renovation is proposed just south of the east mall entrance to facilitate a small new retail tenant.

 5)         P.C. #5:  Erbary Place LLC for approval of a preliminary survey map and final Certified Survey Map of Erbary Place, a seven single-family detached condominiums located at 18305 and 18345 Davidson Road.

As recommended by the Finance Committee

 6)         Vouchers exceeding $50,000 requiring immediate action.  Alderman Sutton abstained from  voting on the voucher for J.F. Ahern.

 7)         Resolution authorizing the continued participation in the Cities and Villages Mutual Insurance Company for 2009-2010.  Resolution No. 7791-07*

 8)         Removed from the Consent Agenda.

 As recommended by the Human Resources and Public Safety Committee

 9)         Resolution selecting the City’s Claims Administrator and stop-loss health insurance provider for 2008 (WPS-Renewal).  Resolution No. 7793-07*

 10)       Resolution awarding the contract for dental insurance for the City of Brookfield covering calendar year 2008 (Delta Dental – Renewal).  Resolution No. 7794-07*

 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 license:  Immanuel Lutheran Church, 13455 Hampton Ave., for their SOS Fall Fundraiser Dinner, October 27, 6-9 p.m.

13)       Ordinance amending Section 5.36.060 A. of the Municipal Code relating to restricting the hours of solicitation of transient merchants, peddlers, and solicitors.  Ordinance No. 2108-07*

 As recommended by the Board of Public Works

 14)       Resolution vacating a portion of an existing storm sewer easement contained within a property identified with TKN #1114-016-001 as part of the Georgetown Square development.  Resolution No. 7795-07*

 15)       Resolution approving the Perpetual Storm Sewer Easement with Georgetown Square Land LLC, TKN 1114-016-001.  Resolution No. 7796-07*

 16)       Resolution approving the Dedication of Storm Sewer Agreement within an existing city drainage easement with BMF Land Inc. serving Ruf Road.  Resolution No. 7797-07*

 17)       Resolution approving the Perpetual Storm Water Drainage and Storm Sewer Easement with William J. Sweeney, part of lot 7 of Weston Meadows Estates Subdivision.  Resolution No. 7798-07*

 18)       Resolution approving the Perpetual Pedestrian Path Easement with Hidden Creek Land LLC, Outlot 2 of Hidden Creek Subdivision, TKN 1018-022.  Resolution No. 7799-07*

 19)       Resolution approving the Perpetual Pedestrian Path Easement with Thomas & Lynn Sankey, 4525 Meadow View East, TKN 1018-980.  Resolution No. 7800-07*

 As recommended by the Water and Sewer Board

 20)       Resolution approving the Biosolids Disposal Agreement with Veolia Environmental Services, Inc. generated at the Fox River Water Pollution Control Center.  Resolution No. 7801-07*

 As recommended by the Board of Public Works and Water & Sewer Board

 21)       Resolution approving the Dedication of Public Facilities in and for Fountain Square development (Continental 64 Fund LLC).  Resolution No. 7802-07*

 * End of the Consent Agenda *


 22)       Items removed from the Consent Agenda.

 2a)       PRB #1:  Dept. of Community Development for approval of plan and method of operation to construct a 20 stall municipal parking lot on city-owned lands located at 18760 W. Pleasant St.

             The Plan Review Board recommended approval of plan and method of operation for said lot subject to lighting and landscaping meeting City Code requirements and the city using care in the placement of landscaping near the home to the north.

             Alderman Mahkorn moved to adopt the recommendation of the Plan Review Board.  The motion was seconded by Alderman Owen and carried unanimously.


 8)         Alderman Garvens moved approval of the Resolution approving 2007 budget amendment requested by the City Attorney and Director of Finance:  transfer $15,750 from the Contingency account #101-910-590 to City Attorney outside legal services account #101-103-560-003, for purposes of funding additional outside legal expenditures.  The motion was seconded by Alderman Owen and carried unanimously.


 BOARD OF PUBLIC WORKS

 23)       Alderman Owen moved approval of the Resolution approving a Pedestrian Path Easement Agreement at 401 Executive Drive, M&I Support Services Corp., TKN #1116-996 (east-west path).  The motion was seconded by Alderman Reddin and carried Ayes 11, Nays 2, Abstention 1; with Aldermen Blackburn and J. Mellone voting Nay; and Alderman Ponto abstaining.  Resolution No. 7803-07*

 24)       The next item was discussion and approval of acquisition of property located at 835 S. Calhoun Road (parcel 30) and 785 S. Calhoun Road (parcel 32) for reconstruction of Calhoun Road from Greenfield Avenue to Bluemound Road.

 Alderman Owen moved to deny full acquisition of the two properties listed above.  The motion was seconded by Alderman Garvens and carried Ayes 13, Nays 1 with Alderman J. Mellone voting Nay.


 25)       Legislative Referrals and Request for Services:  None.

 26)       Alderman Sutton moved to adjourn.  The motion was seconded by Alderman Ponto and carried unanimously.  9:50 p.m.

* May be viewed in the City Clerk’s Office.

 Minutes respectfully submitted by Kristine A. Schmidt, City Clerk