Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin
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November 20, 2006


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, NOVEMBER 20, 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, Lisa Mellone, Ron Balzer, Mark Nelson, Jim Garvens, Dan Sutton, Jerry Mellone, Mike Franz, Bob Reddin (arrived at 8:40 p.m.)

 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 Community Development Dan Ertl, Director of Parks & Recreation Bill Kolstad, Director of Public Works Tom Grisa, Police Chief Dan Tushaus, Director of Information Technology Kevin Beck, Director of Library Services Edell Schaefer, Deputy Finance Director Therese Hrica, Parks & Forestry Superintendent Gary Majeskie


Mayor Jeff Speaker called the Common Council to order at approximately 7:45 p.m.   The next Common Council meeting will be December 4th.

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

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

A check was presented to Susan Panas Nader, 725 Lois Ave., by Linda Wainstock, Recycling Specialist from Waukesha County Dept. of Parks & Land Use, for having a perfect recycling bin.


ACTIONS OF THE COMMON COUNCIL

A public hearing was heard regarding the City of Brookfield 2008 Budget.  (Separate minutes were taken for the public hearing.)  7:52 – 8:15 p.m.

 CONSENT AGENDA

 Alderman J. Mellone moved approval of the items on the Consent Agenda, except for Items #4, #5, and #19.  The motion was seconded by Alderman Garvens and carried unanimously.  Recorded as a roll call.

 1)         Minutes from the Regular Common Council meeting of November 6, 2007.

 Actions and recommendations of the Plan Commission minutes of November 12, 2007, including the Plan Review Board minutes of October 18, 2007

2)         P.C. #1:   Plan Review Board recommendations of October 18, 2007:

                        a.  PRB #1:  Request of the City of Brookfield Parks, Recreation and Forestry Dept. for approval of a floodplain land use permit allowing development of the Mitchell Park Scenic Loop Trail and the Foxbrook Trail segments of the Greenway Corridor Trail system in the floodplain of the Fox River.

                        b.  PRB #2a:  Ridgestone Bank Plaza, 13925 W. North Ave., for a replacement monument sign.

                        c.  PRB #2b:  Ridgestone Bank Plaza, 13925 W. North Ave., for 2 replacement wall signs.

                        d.  PRB 3a:  Venture Development, 18200 W. Capitol Dr., for a master sign program.

 3)         P.C. #2:  Irgens Development Partners, LLC, for new plan and method of operation, Preliminary Certified Survey Map, and Final Certified Survey Map for the construction of a 20,995 sq. ft. single-tenant medical office building located at 21800 Intertech Drive – Gateway West Commerce Center.

 4)         Removed from the Consent Agenda.

 5)         Removed from the Consent Agenda.

6)         P.C. #5:  Dan Seibel, representing Seibel & Falkner, LLP, for an amendment to Development Agreement to allow construction of a monument sign at 13170 W. Capitol Drive (CarX) within the frontage road area.

 7)         P.C. #6:  Dept. of Community Development to amend subsections 17.04.020 and 17.108.010 of Title 17, the Zoning Code, excluding transportation and pedestrian connections and recreational trails which are consistent with the goals and objectives of the City Master Plan or elements thereof from the definition of “structure” and permit transportation and pedestrian connections and recreational trails, which are consistent with the goals and objectives of the City Master Plan or elements thereof in any zoning district.

 8)         Ordinance amending Sections 17.03.020 and 17.108.010 of the Zoning Code allowing for implementation of the Greenway Corridor Trial System.  Ordinance No. 2111-07*

 Actions and recommendations of the Special Plan Commission minutes of November 20, 2007

 9)         P.C. #1:  Italeb, LLC (Eddie Z’s) for re-approval of a final Certified Survey Map at 14640 W. Capitol Drive.

 As recommended by the Finance Committee

 10)       Vouchers exceeding $50,000 requiring immediate action. 

 11)       Resolution approving 2007 budget amendment requested by the Director of Library Services and the Director of Finance:  transfer $48,000 from contingency account 101-910-590 to Library Electricity account 101-601-570-002, for purposes of funding retroactive electric charges from WE Energies.  Resolution No. 7807-07*

 12)       Request of Finance and Information Technology Departments to approve renewal of the Software Maintenance Agreement with New World Systems for the period of January 1, 2008, through December 31, 2008, for a total cost of $170,570. 

 As recommended by the Human Resources & Public Safety Committee

 13)       Resolution approving the Intergovernmental Cooperation Agreement between the City of Brookfield and the City of Waukesha regarding the provision of Technical Rescue Service Response.  Resolution No. 7808-07*

 14)       Resolution awarding the contract for the City’s 2008-2010 Worker’s Compensation Insurance program to Wausau Insurance Companies.  Resolution No. 7809-07*

 As recommended by the Legislative & Licensing Committee

(All licenses granted subject to further administrative approval)

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

 16)       Change of Agent – Midway Motor Lodge of Brookfield; Cali’s Grille Room; 1005 S. Moorland Rd., Scott Ohzourk – Agent.

 17)       Original Class B Liquor License:  Mason-Thomas Enterprises, LLC; d/b/a WineStyles of Brookfield; 17000-E W. Bluemound Rd.; Rendall V. Thomas – Agent.

 18)       Original Class B Combination Beer & Liquor License:  O’Sullivan’s Public House Inc.; d/b/a O’Sullivan’s Public House; 12525 W. North Ave.; Jeffery Syvock – Agent (formerly Ritter’s Inn).

 As recommended by the Board of Public Works

19)       Removed from the Consent Agenda.

 20)       Ordinance amending Chapters 14, 15.20 and 3.28.010 of the Municipal Code regarding Stormwater Management and Construction Site Erosion Control and permit fees.  Ordinance No. 2112-07*

 21)       Resolution approving the Perpetual Storm Sewer Easement with Georgetown Square LLC (Phase I), TKN 1114-016-001.  Resolution No. 7811-07*

 As recommended by the Water & Sewer Board

 22)       Resolution approving the Perpetual Water Main Easement with Capitol Heights Center LLC, Capitol Heights Center Condominium Association Inc., and Capitol Hill Tax Credit Limited Partnership.  Resolution No. 7812-07*

 23)       Resolution approving the Perpetual Sanitary Sewer and Water Main Easements for Georgetown Square LLC (3 separate easements).  Resolution No. 7813-07*

 24)       Resolution approving the Perpetual Water Main Easement with Brookfield Square Joint Venture (TKN 1116-995-002, Claim Jumper Restaurant).  Resolution No. 7814-07*

 * End of the Consent Agenda *


 25)       Items removed from the Consent Agenda as follows:

 4)         P.C. #3:  Wimmer Communities for approval of a rezoning of 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” for purposes of constructing Georgetown Square Phase II, a 56 unit apartment project.

             The Plan Commission recommended approval of the rezoning to “PDD” – General Plan Residential subject to the submittal of a Specific Plan and Development Agreement.

             Alderman Mahkorn moved approval of the Plan Commission recommendation.   The motion was seconded by Alderman Owen and carried Ayes 11, Nays 2 with Aldermen Blackburn and J. Mellone voting nay.

 5)         Alderman Mahkorn moved adoption of the Ordinance rezoning lands located at the southeast corner of Wisconsin Avenue and Ruf Road from “C” Conservancy District and “PDD #8” to “PDD” Planned Development District-General Plan (Residential) No. 14, for the purpose of constructing “Georgetown Square Phase II”, a 56 unit apartment project located at the southeast corner of Wisconsin Avenue and Ruf Road.  The motion was seconded by Alderman Owen.  A roll call vote was taken and carried Ayes 11, Nays 2 with Alderman Blackburn and J. Mellone voting nay.  Ordinance No. 2110-07*

 19)       Alderman Owen moved approval of the Resolution restricting the parking times at the municipal parking located at 18760 Pleasant Street.  The motion was seconded by Alderman Blackburn and carried unanimously.  Resolution No. 7810-07*


FINANCE COMMITTEE

 26)       Alderman Garvens moved adoption of the Ordinance appropriating the necessary funds and adopting the budgets for the operation of the government and administration of the City of Brookfield for the year 2008.  The motion was seconded by Alderman Sutton. 

 Alderman J. Mellone moved to amend the budget to bring down the current budget to a 2% increase plus debt service resulting in an approximate reduction of $133,000.  The motion was seconded by Alderman Blackburn and failed Ayes 1, Nays 13 with Alderman J. Mellone voting aye.

 Alderman Sutton moved to amend the budget to increase the revenue account for Room Tax from $1,865,000 to $1,900,000 and reduce the tax levy accordingly.  The motion was seconded by Alderman J. Mellone and failed Ayes 3, Nays 11 with Aldermen Sutton, Carnell, and J. Mellone voting Aye.

 A roll call vote was taken on the budget as presented and carried unanimously.  Ordinance No. 2113-07*

 27)       Alderman Garvens moved adoption of the Ordinance levying property taxes for the General, Wastewater Utility, Special Revenue and Debt Service Funds of the City of Brookfield for the year 2008.  The motion was seconded by Alderman Berg.  A roll call vote was taken and carried unanimously.  Ordinance No. 2114-07*

 28)       Alderman Garvens moved adoption of the Ordinance approving the authorized positions for departments of the City of Brookfield for the year 2008.  The motion was seconded by Alderman Reddin.  A roll call vote was taken and carried unanimously.  Ordinance No. 2115-07*


 29)       Legislative Referrals and Request for Services: 

            a.         Alderman Balzer referred to the Finance Committee that the City adopt a resolution to allow for the filing of personal property tax returns by electronic methods.

            b.         Alderman Nelson made a request for services to the Director of Public Works Tom Grisa to give a presentation on the city’s current water supply, quality, and quantity.

30)       Alderman Ponto moved to adjourn.  The motion was seconded by Alderman Garvens 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