January 15, 2008
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.
Click here to download a PDF file of
the alderman's pre-meeting information packet.
THESE ARE THE MINUTES OF A
COMMON COUNCIL MEETING OF THE 27TH
COMMON COUNCIL, HELD AT 7:45 P.M.,
TUESDAY, JANUARY 15, 2008, 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, Bob Reddin
ALDERMEN ABSENT & EXCUSED:
Mike Franz
ALSO PRESENT:
City Attorney Karen Flaherty, City Clerk Kris Schmidt, Director of
Finance Robert Scott, Director of Human Resources Jim Zwerlein, Director of
Administration Dean Marquardt, Director of Public Works Tom Grisa, Director of
Community Development Dan Ertl, Planning Administrator Mike Theis
Mayor Jeff Speaker called the Common Council to order
at approximately 7:45 p.m.
No one spoke during the 15 minute segment set
aside for citizens to address the Council.
The next Common
Council meeting will be February 5.
The Common Council recognized James Isleb for
over 29 years of dedicated service upon his retirement.
Alderman Nelson read the proclamation for James Isleb.
Jim presented the American Flag, which had flown over the base in Bagram,
Afganistan, to the City of Brookfield from Jim Isleb
on behalf of Military Group-TF44 Medical Unit.
Alderman Christopher Blackburn led the Council in the
Pledge of Allegiance.
ACTIONS
OF THE COMMON COUNCIL
A public hearing
was heard regarding the rezoning at the northeast corner of Moorland Road and Greenfield Avenue, aka Fountain Brook
Crossing. (Separate minutes were taken.)
9:10 p.m.
Click here
to download a PDF for the public comments on Fountain Brook Crossing project.
CONSENT AGENDA
Alderman J. Mellone moved approval of the items on the Consent Agenda,
except for Items #2, 14, and 19. The
motion was seconded by Alderman Reddin and carried unanimously.
Recorded as a roll call.
1)
Minutes from the Regular Common Council meeting of December 18, 2007.
Actions and recommendations
of the Plan Commission minutes of December 10, 2007
2)
• P.C. #7:
Removed from the consent agenda.
Actions and recommendations
of the Plan Commission minutes of January 7, 2008
3)
• P.C. #2: George and
Dorothy Sarandos,
13785 James St., for
approval of a 4-lot final Certified 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.
4)
• P.C. #3: Erbary
Place LLC, Mary Schroeder and Fred Spytek, representatives, for re-approval of a
new plan and method of operation allowing construction of Erbary Place, a 7 unit
single-family, detached condominium development.
Included is a request for re-approval of the Preliminary Survey and Final
Certified Survey Map consolidating the two lots located at 18305 and 18345 Davidson Road into one lot.
5)
• P.C. #4:
Brookfield
Academy for approval to
schedule a conditional use public hearing permitting an approximate 2,300 sq.
ft. addition to the existing concession stand providing a home team locker room
with showers, athletes’ restroom, media/visitors meeting room, and a coaches’
office at 3305 N. Brookfield Road.
As recommended by the Finance
Committee
6)
Vouchers exceeding $50,000 requiring immediate action.
7)
Resolution rescinding property taxes on tax key numbers 1133-033-001 and
1133-033-002.
Resolution No. 7828-08*
8)
Resolution approving 2008 budget amendment requested by the Director of
Finance: increase Economic
Development fund expenditure account 205-943-546 by $9,000, for purposes of
economic development grant expenditures relative to Reserve Class B liquor
license revenue received in 2007.
Resolution No. 7829-08*
As recommended by the
Legislative & Licensing Committee
(All
licenses granted subject to further administrative approval)
9)
Original Bartender Licenses (see Legislative & Licensing Committee agenda
for names).
10)
Original Class B Beer license for Mexican Grill of Colorado LLC; d/b/a
Chipotle Mexican Grill; Sahul Flores Jr. – Agent (new owner):
a. 15375 W. Bluemound Rd., Suite #170
b. 3705 N. 124th St., Suite #200
11)
Original Class C Wine license:
Café Manna LLC; d/b/a Café Manna; 3815 N. Brookfield Rd.;
Robin S. Kasch – Agent.
12)
Original Reserve Class B Combination Beer and Liquor license:
Giggles Comedy Pub LLC; d/b/a Giggles Comedy Pub; 19115 W. Capitol Dr.,
#106; Jesse J. Borowski – Agent.
As recommended by the Human
Resources and Public Safety Committee
13)
Ordinance establishing the salary of Municipal Judge for 2009 – 2012.
Ordinance No. 2118-08*
14)
Removed from the Consent Agenda.
As recommended by the Parks &
Recreation Commission
15)
Resolution approving the Grants of Rights Agreement with the School
District of Elmbrook relating to construction and use of a segment of the
Greenway Trail System and an existing park access drive located within Elmbrook
property east of and adjacent to Mary Knoll Park.
Resolution No. 7830-08*
As recommended by the Board
of Public Works
16)
Resolution vacating the Perpetual Drainage Easement at
2540 N. Calhoun Road (Netzow).
Resolution No. 7831-08*
17)
Resolution awarding the bid for the City of
Brookfield City Hall Remodel Project,
2000 N. Calhoun Rd., Zimmerman Architectural Studios
Inc. Project #070013 to Triad Construction Inc. for $1,025,566.
Resolution No. 7832-08*
As recommended by the Water &
Sewer Board
18)
Resolution approving the Perpetual Sanitary and Storm Sewer Easement for
13620 Kinsey Park Dr., TKN 1151-118 with Harlan A.
Mueller.
Resolution No. 7833-08*
19)
Removed from the consent agenda.
Council As A Whole
20)
Mayor’s Appointments to the Convention and Visitors Bureau:
a.
James Garvens, 3 year term expiring May 15, 2008.
b.
Lisa Mellone, to fulfill an unexpired term ending May 15, 2010.
21)
2008 Calendar of Meetings.
22)
Resolution commending James Isleb for his 30 years of dedicated service
upon his retirement.
Resolution No. 7827-08*
*
End of the Consent Agenda *
23)
Items removed from the Consent Agenda as follows:
2)
Alderman Mahkorn moved approval of P.C. #7 from the Plan
Commission minutes of December 10, 2007, to schedule a public hearing for the
purpose of amending Ord. #1551 (Section 17.100.050 of the Mun. Code) relating to
Landscape Standards and Section 3.28.010 of the Mun. Code relating to landscape
installation and maintenance sureties.
The motion was seconded by Alderman Owen and carried unanimously.
14)
Alderman Mahkorn moved adoption of the Ordinance amending Section
2.12.080 of the Municipal Code regarding Residency Requirement for Police Chief
and Fire Chief. The motion was
seconded by Alderman Reddin. A roll
call vote was taken and carried Ayes 10, Nays 3 with Aldermen Carnell, Balzer
and Berg voting nay.
Ordinance No. 2119-08*
See:
Public Safety Chief's Residency
19)
Alderman Berg moved approval of the Resolution approving the revised
Water Sprinkling Policy. The motion
was seconded by Alderman Owen and carried unanimously.
Resolution No. 7834-08*
MJS - January 18,
2008 - Water restrictions OK'd
Brookfield clarifies even-odd schedule, hours sprinkling is allowed
Text of old and new policies
and graph of water usage.
Actions and recommendations from the
Plan Commission minutes of January 7, 2008
24)
Alderman Mahkorn moved approval of P.C. #1:
Metropolitan Development, c/o Richard Conley, for approval of an
amendment to the PDD General Plan and to schedule a public hearing to amend Ord.
#1956-04 to modify the Phase II building of “Brookfield Junction” located at
2848 N. Brookfield Road from a mixed retail/residential building to a
residential building consisting of 34 dwelling units.
The original General Plan approved a first floor of 16,129 sq. ft. of
retail and two floors of apartments, 22 total dwelling units for the Phase II
building. The amended General Plan
would approve a first floor of structured parking and housing units.
The motion was seconded by Alderman Owen.
A roll call vote was taken and failed Ayes 3, Nays 10 with
Aldermen Garvens, Mahkorn and Owen voting aye.
Human Resources & Public Safety
Committee
25)
Alderman Mahkorn moved adoption of the Ordinance establishing the
2011-2012 salary rates for Aldermen.
The motion was seconded by Alderman Reddin.
Alderman Sutton amended the salaries for the years 2011 and 2012 to the
current pay of $9,911. The motion
was seconded by Alderman Carnell. A
roll call vote was taken and carried Ayes 9, Nays 4 with Aldermen Reddin,
Garvens, Ponto and Nelson voting nay.
The motion as amended carried Ayes 10, Nays 3 with Aldermen Reddin,
Garvens, and Nelson voting nay.
Ordinance No. 2120-08*
26)
Legislative Referrals and Request for Services:
a.
Mayor Speaker referred to a memo from Planning Administrator Mike Theis,
dated January 11, 2008, to refer to the Plan Commission an amendment to Section
17.80.030.B. to except the extraordinary offset requirements on industrially
zoned lands abutting zoning districts that permit residential use when the
abutting zoning is “UC”.
27)
Alderman Ponto moved to adjourn.
The motion was seconded by Alderman Reddin and carried unanimously.
10:35 p.m.
* May be viewed in the City
Clerk’s Office.
Minutes respectfully
submitted by Kristine A. Schmidt, City Clerk