February 19, 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 information packet.
Click here to download a PDF of the Finance Committee's information packet.
Click here to download a PDF for the special Board of Public Works information
packet.
Click here to
download a PDF of a presentation on Traffic Calming presented to the Board of
Public Works.
Click here
to download a PDF for the public comments on Fountain Brook Crossing project.
THESE ARE THE MINUTES OF
A COMMON COUNCIL MEETING OF THE 27TH
COMMON COUNCIL, HELD AT 7:45 P.M.,
TUESDAY, FEBRUARY 19, 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 (arrived at 7:58
p.m.), Mike Franz
ALDERMEN ABSENT &
EXCUSED:
None
ALSO PRESENT:
City Attorney Karen Flaherty, Deputy Finance Director Therese Hrica,
Director of Administration Dean Marquardt, Director of Public Works Tom Grisa,
Director of Community Development Dan Ertl, Administrative Coordinator Laurie
O’Shea
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 March 4.
Boy Scout Troop
21 from Trinity Church led the Council in the Pledge of
Allegiance.
ACTIONS
OF THE COMMON COUNCIL
A public hearing was heard regarding the
creation of Section 3.28.010 (LL), Schedule of Development Fees and Fiscal
Securities, and amending Section 17.100.050 Application Content-Required
Submittals to include updates and revisions to the Landscape Standards adopted
in 2007. (Separate
minutes were taken.) 8:10
p.m.
CONSENT
AGENDA
Alderman Garvens moved approval of
the items on the Consent Agenda, except for Items #4, #5, #7, #9, and #10.
The motion was seconded by Alderman J.
Mellone and carried unanimously.
Recorded as a roll call.
1)
Minutes from the Regular Common Council meeting of February 5, 2008.
Actions
and recommendations of the Plan Commission minutes of February 11, 2008
2)
• P.C. #1: Wisconsin
Memorial Park for approval of a conditional use ordinance permitting a revised
plan and method of operation allowing construction of 12 new mausoleum buildings
at two sites near the eastern side of Wisconsin Memorial Park located at 13235
W. Capitol Drive.
3)
Ordinance granting a conditional use for the purpose of permitting the
construction of 12 mausoleum buildings with site alterations at Wisconsin Memorial Park
located at 13235 W. Capitol Drive.
Ordinance No. 2127-08*
4)
Removed from the Consent Agenda.
5)
Removed from the Consent Agenda.
6)
• P.C. #3: Steve
Gosenheimer for approval of a Preliminary Survey and Final Certified Survey Map
at 16555 & 16575 Patricia Lane
(Plan Commission recommended denial).
7)
Removed from the Consent Agenda.
8)
• P.C. #5: CBL and
Associates Properties for approval of an amendment to a Development Agreement to
Phase II of Brookfield Square for the construction of one restaurant – Stir
Crazy Restaurant – (7,350 sq. ft.) and a 19,200 sq. ft. furniture store – Ethan
Allen Furniture Store.
9)
Removed from the Consent Agenda.
10)
Removed from the Consent Agenda.
As recommended by the
Finance Committee
11)
Vouchers exceeding $50,000 requiring immediate action.
12)
Request of the Library to purchase library materials from Baker & Taylor
for $80,000.
As
recommended by the Board of Public Works
13)
Resolution approving the WE Energies easement at
Calhoun Road and I-94 for purposes of located
underground electrical facilities.
Resolution No. 7844-08*
14)
Resolution approving the WE Energies easement within Ruby Park
on Calhoun Road
for purposes of located electrical facilities.
Resolution No. 7845-08*
15)
Resolution approving the Intergovernmental Cooperation Agreement with
Milwaukee Metropolitan Sewerage District to provide water quality monitoring on
the Menomonee River.
Resolution No. 7846-08*
Council
As A Whole
(All
licenses granted subject to further administrative approval)
16)
Original Bartender Licenses (see memorandum for names).
* End of the Consent Agenda *
17)
Items removed from the Consent Agenda as follows:
4)
Alderman Owen moved approval of P.C. #2:
WMH Leasing LLC for approval of rezoning Tax Key No’s. 1147-991 and
1147-993-001 “PDD” Planned Development District-General Plan No. 15
(Commercial), commonly known as Fountain Brook Crossing located at the northeast
corner of Moorland Road and Greenfield Avenue.
The motion was seconded by Alderman Mahkorn and carried Ayes 8, Nays 6
with Aldermen Carnell, Reddin, Berg, J. Mellone, Blackburn, and L. Mellone voting nay (paper ballots were
taken).
This vote was to accept the Plan Commission recommendation to approve
the Fountain Brook Crossing project. If teh vote failed, teh developer
would have to give up or present a significantly different project to the Plan
Commission.
Ald. Berg voted against this project because he believed it was too big
for the location and would generate too much traffic for an already busy corner.
Ald. Berg requested ballots be used for the vote instead of a voice
vote.. That means each alderman got a slip of paper, write his or her name
on it and their aye/nay vote. No alderman could see how his colleagues
voted, eliminating the accusation of "you only voted that way because you knew
it didn't matter, a common accusation from residents who disagreed with the
outcome."
5)
Alderman Owen moved adoption of the Ordinance rezoning certain properties
located at the northeast corner of the intersection of Greenfield Avenue and
Moorland Road from “B-3” Regional Business District to “PDD” Planned Development
District-General Plan (Commercial) No. 15 for the purpose of constructing
“Fountain Brook Crossing”, an approximate 127,000 sq. ft. commercial building
with partially depressed parking structure.
The motion was seconded by Alderman Carnell.
A roll call vote was taken and carried Ayes 10, Nays 4 with Aldermen
Reddin, J. Mellone, Blackburn
and L. Mellone voting nay.
Ordinance No. 2128-08*
Ald. Berg and Carnell voted for this ordinance. At this point,
the decision had been made - allow the project to be built. Ald. Berg
commented (following quote is approximate), "When you can't get what you really
want, shift gears and make the best deal you can. This ordinance is the
appropriate legislative tool for to regulate this project." Ald. Carnell
did not comment on why he changed his vote.
See the web site for this building at:
http://www.fountainbrookcrossing.com/index.htm
Brookfield News, February 20, 2008 -
Council approves city's tallest building project Traffic, density still a
concern for some at busy intersection
7)
Alderman Owen moved approval of P.C. #4:
Metropolitan Development for approval of an amendment to the PDD General
Plan and to schedule a public hearing to amend Ordinance #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 size, height, and
location of the building remain the same.
The original General Plan approved a first floor of 16,129 sq. ft. of
retail and two floors of apartments, 22 total dwelling units.
The approval of an amended PDD
General Plan does not authorize any building construction.
The motion was seconded by Alderman Mahkorn.
Alderman Berg moved to
table. The motion was seconded by
Alderman Sutton and carried unanimously.
9)
Alderman Owen moved approval of P.C. #6:
Wimmer Communities for approval of a PDD-Specific Plan and Development
Agreement for purposes of constructing Georgetown Square Phase II, a 56 unit
apartment project. The motion was
seconded by Alderman Garvens and carried
Ayes 12, Nays 2 with Aldermen J. Mellone and
Blackburn voting nay.
10)
Alderman Owens moved approval of P.C. #7:
Thomson Corporation for approval of Phase III of Brookfield Market Place
(formerly known as Century Centre) and a new plan and method of operation for
Building “E”, a 9,110 sq. ft. commercial building located at
14870 W. Greenfield Avenue.
The motion was seconded by Alderman Garvens.
Alderman L. Mellone moved to amend
the motion that windows in the break room be changed to transom windows of
Building “E”. The motion was
seconded by Alderman Reddin and carried unanimously.
Alderman L. Mellone moved to amend
the motion to add limited landscaping consistent with the site development
standards along the north side of Building “E”.
The motion was seconded by Alderman Blackburn and carried unanimously.
Alderman L. Mellone moved to amend
the motion to limit the door on the north side of Building “E” to emergency use
only and include this requirement in the plan and method of operation.
The motion was seconded by Alderman Mahkorn and carried unanimously.
The original motion as
amended carried unanimously.
Council As A Whole
18)
Legislative Referrals and Request for Services:
a.
Alderman Lisa Mellone referred to the Board of Public Works to examine
and evaluate our current process in picking up Christmas trees from the curb in
an effort to streamline this service for better cost effectiveness.
b.
Alderman Lisa Mellone requested that Dan Ertl, Director of Community
Development, make a presentation to the Council, from the Plan Commission, an
overview of our designated T.I.A. nodal areas, what they are currently zoned,
what the Master Plan says about them, explain the PDD tool, and why it is
envisioned and appropriate to use this tool in our T.I.A.
c.
Mayor Speaker referred to the Plan Commission to develop a policy on the
placement of public art and where it is and is not appropriate.
19)
Alderman Ponto moved to adjourn.
The motion was seconded by Alderman Sutton and carried unanimously.
9:45 p.m.
* May be viewed in the City Clerk’s Office.
Minutes respectfully submitted by Kristine A.
Schmidt, City Clerk