| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
| March 6, 2001 |
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Click here to download a PDF file of the official minutes. THESE ARE THE MINUTES OF A REGULAR COMMON COUNCIL MEETING HELD AT 7:45 P.M., TUESDAY, MARCH 6, 2001, IN THE COUNCIL CHAMBERS OF BROOKFIELD CITY HALL, 2000 N. CALHOUN ROAD, BROOKFIELD, WISCONSIN MAYOR KATHRYN BLOOMBERG IN THE CHAIR ALDERMEN PRESENT: Gary Mahkorn, Daniel Waffenschmidt, Richard Brunner, Thomas Schellinger, Scott Berg, Kari Clappier, Brad Steinke, Howard Washechek, Steven Ponto, Karl Schulz, Don Bauer, James Garvens, Jim Heinrich, Michael Jakus ALDERMEN ABSENT & EXCUSED: James Garvens ALSO PRESENT: Asst. City Attorney Karen Flaherty, Director of Finance Robert Scott, Director of Administrative Services Dean Marquardt, City Clerk Kris Schmidt, Fire Chief John Dahms, Director of Parks and Recreation Bill Kolstad, Director of Public Works Tom Grisa, Interim Police Chief Dan Tushaus, Planning Administrator Mike Theis, Deputy Finance Director Therese Hrica, Economic Development Coordinator Pat Drinan, Director of Information Technology Fred Miller Mayor Bloomberg called the meeting of the Common Council to order at approximately 8:23 p.m. due to the length of the Finance Committee. Town of Brookfield Chairman, Keith Henderson, commented on issues relating to annexation issues, the development of land along or near Capitol Drive located in the Town, and cooperation between the City and Town. A presentation was made by the City Assessor's Office and GIS Coordinator Dave Flack regarding the City-wide revaluation for 2001. Alderman Waffenschmidt led the Council in the Pledge of Allegiance to the American Flag. Alderman Waffenschmidt moved approval of the Regular Common Council minutes of February 20, 2001. The motion was seconded by Alderman Bauer and carried unanimously. ACTIONS OF THE COMMON COUNCIL PLAN COMMISSION The City Clerk referred to the Plan Commission's actions and recommendations as represented in the Plan Commission minutes of February 26, 2001. The first item was the request of Franklynn Development, LLC, c/o RG Keller, Wellman Architects, 21675 Long Drive, Waukesha, WI for approval of a conditional use public hearing, plan and method of operation and Certified Survey Map to permit the construction of an approximate 70,000 square foot indoor soccer building to be located at 19485 and 19505 W. Lisbon Road, immediately west of the Brookfield Soccer Park. This also would permit site improvements (parking lot paving, driveway reconstruction and landscaping) on the adjacent Brookfield Soccer Park associated with the above facility. (NE 1/4 of Sec. 5) The Plan Commission recommended to accept the conditional use, plan and method of operation, and Certified Survey Map subject to a Development Agreement and Deed Restriction as recommended by staff with the following conditions: (1) Language with regards to the limited nature of the facility and its appropriateness for a holding tank be fully identified as clearly part of the staff recommendation; (2) Continued surveillance of any on-street parking be referred to the Police Department for continued enforcement; (3) Establishment with the staff of an appropriate landscape treatment for the west end of the building recognizing that may be compromised to a degree by certain utility easements; (4) An improvement be included in the recommendation that includes the resolution of the standing water on the Soccer Park property as it abuts Berkshire Hills; (5) Times of operation be expanded to include certain special consideration for special uses; and (6) Cut-off light fixtures all around. Alderman Jakus moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Alderman Jakus moved to adopt the Ordinance granting a conditional use permitting the construction of an approximate 70,000 square foot indoor soccer building to be located at 19485 and 19505 W. Lisbon Road, immediately west of Brookfield Soccer Park, with the following language added to the ordinance: Part III, first sentence to read as follows: "The application is made by a private limited liability corporation and would be leased to Brookfield Soccer Association and other groups, i.e. it would not be owned by the soccer association, and is for limited,, non-commercial use of the property, not requiring sanitary sewer for the specific use as approved herein." and the last sentence in Part III should be "Community events, including fund raising activities such as soccer-a-thons and celebrity soccer games and supervised events for school-aged children, not including day care, may occur during the above listed hours without temporary use permits." The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1781* The Mayor asked that Item #2 - Final Design for a City entrance monument be taken as a special consideration. Alderman Brunner moved Item #2 of the Plan Commission actions be given special consideration. This motion was seconded by Alderman Jakus and carried unanimously. The Plan Commission recommended Example A with the condition of bringing Example B to the Common Council with modifications so the letters are on the sign in the same style as Example A. Alderman Washechek moved Example B as shown on the display board. The motion was seconded by Alderman Bauer and carried Ayes 11, No's 2 with Alderman Ponto and Alderman Jakus voting no. The next item was the Request of TeleCorp, c/o Wireless Facilities Inc., 633 E. Mason St., Milwaukee, WI 53202, Jeff Zagar, Representative, for approval of a conditional use for a revised plan and method of operation permitting construction of a telecommunications equipment building and installation of one antenna on the water tower located at 19305 Alta Vista Circle. (NE 1/4 of Sec. 20) The Plan Commission recommended approval of the conditional use and revised plan and method of operation as recommended by the Planner. Alderman Jakus moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Bauer and carried unanimously. Alderman Jakus moved to adopt the Ordinance granting approval of a conditional use permitting one antenna array on the Alta Vista Water Tower located at 19305 Alta Vista Circle and installation of telecommunications equipment within the base of the tower. The motion was seconded by Alderman Washechek. A roll call vote was taken and carried unanimously. Ordinance No. 1782* Alderman Schulz moved approval of the Resolution approving a telecommunications lease with TeleCorp located at 19305 Alta Vista Circle. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6696* The next item was the request of Ameritech Mobile Communications, Inc. and Metricom, Inc., c/o Foley and Lardner, Firstar Center, 777 E. Wisconsin Ave., Milwaukee, WI 53202, James H. Gormly, Representative, for approval of a conditional use for a revised plan and method of operation permitting construction of an equipment building and installation of two antennas on the water tower located at the terminus of Mary Lynn Drive, Tax Key No. 1084.999. (SE 1/4 of Sec. 19) The Plan Commission recommended approval of the conditional use and revised plan and method of operation as recommended by staff. Subject to the site plan presented February 26, 2001, to accommodate three tenant spaces with three antennas on the tower and that Ameritech proceeds to build out a single tenant space. The approval will not need additional Plan Commission approval based upon what was presented at the meeting. Alderman Jakus moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Steinke and carried unanimously. Alderman Jakus moved to adopt the Ordinance granting approval of a conditional use permitting construction of an equipment building and installation of three antenna arrays on the water tower located at the terminus of Mary Lynn Drive subject to the approval for Metricom being tabled. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1783* Alderman Schulz moved approval of the Resolution approving a telecommunications lease with Milwaukee SMSA Limited Partnership, d/b/a Cingular Wireless, located at the terminus of Mary Lynn Drive, and to table the lease with Metricom. The motion was seconded by Alderman Ponto and carried unanimously. Resolution No. 6697* The next item was the Request of Metricom Inc., Telecorp and Voicestream Wireless, c/o Whalen & Company, Inc., W231 N2811 Roundy Circle East, Pewaukee, WI 53072, Michael C. Knickrehm, Team Leader, for approval of a conditional use and revised plan and method of operation permitting construction of an equipment enclosure and installation of three antenna arrays on the water tower located at 13595 W. Burleigh Road. The enclosure requires a special exception permitting five foot offsets to the north and east property lines where 20 foot offsets are required by the Zoning Code. (NW 1/4 of Sec. 13) The Plan Commission recommended to forward this matter to the Common Council without recommendation with the understanding that unless Mr. Hogan and Mr. Sileno come to an agreement, the matter would be tabled by the Council and would return to the Plan Commission. Further, an amendment was made to approve a public hearing to be scheduled on an alternative site located south of the existing utility building. The public hearing will be scheduled before the Common Council meeting of March 20, 2001, and the Plan Commission will meet in joint session. A COW ("Cell On Wheels") could be used on a temporary basis at this site if construction were delayed and that the COW would be removed no later than June 1, 2001. Alderman Jakus moved to adopt the Plan Commission's recommendation. The motion was seconded by Alderman Bauer and carried unanimously. Alderman Jakus moved to adopt the Ordinance granting approval of a conditional use permitting construction of a telecommunications equipment enclosure building and installation of three antenna arrays on the water tower located at 13595 W. Burleigh Road. The ordinance also grants approval of a special exception permitting a fifteen foot reduction in the side yard and approval for Metricom tabled. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1784* Alderman Schulz moved approval of the Resolution approving telecommunication leases with TeleCorp and VoiceStream Wireless, located at 13595 W. Burleigh Road, and to table the Metricom lease. Approval conditioned on reconciliation of access issues on the property. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6698* Alderman Schulz moved to table Item #d.4. - the Request for a public hearing incorporating a revised legal description. Said public hearing is for the purpose of approving a conditional use permitting the installation of three antenna arrays on the water tower located at 13595 W. Burleigh Road and permitting construction of an equipment enclosure; and Item #d.5.-Approval of agreements permitting placement of a "Cell on Wheels" at 13595 W. Burleigh Road by TeleCorp, VoiceStream and Metricom until June 1, 2001. The motion was seconded by Alderman Ponto and carried unanimously. The next item was the Request of Nextel Communications and Voicestream Wireless, c/o Whyte Hirschboeck and Dudek S.C., 111 E. Wisconsin Ave., Suite 2100, Milwaukee, for approval of a conditional use for a revised plan and method of operation permitting expansion of a wireless communications equipment building and installation of two antenna arrays on the water tower located at 17200 W. Capitol Drive. The Plan Commission recommended approval of the conditional use and revised plan and method of operation as recommended by the Planning staff with the additional language that the lease agreement should be written so that the Plan Commission should visit this site after construction to determine if additional symmetry is required and the applicant agrees to add material to make it so. Alderman Jakus moved to adopt the recommendation of the Plan Commission. This was seconded by Alderman Bauer and carried unanimously. Alderman Jakus moved to adopt the Ordinance granting approval of a conditional use permitting expansion of a wireless communications equipment building and installation of two antenna arrays on the water tower located at 17200 W. Capitol Drive. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1785* Alderman Schulz moved approval of the Resolution approving a telecommunication lease with Voicestream Wireless located at 17200 W. Capitol Drive, and to table the lease with Nextel. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 6699* The next item was the request of Voicestream Wireless, N19 W24075 Riverwood Dr., Suite 100, Waukesha, for approval of a conditional use for a revised plan and method of operation permitting construction of a 150' monopole and 1,200 square foot equipment building at 127 S. Moorland Road. The equipment building requires a special exception permitting 10 foot offsets to the south and west property lines where 25 foot offsets are required by the Zoning Code. The Plan Commission recommended approval of the conditional use, revised plan and method of operation and special exception as recommended by Planning staff, with the addition of appropriate landscaping of the south and north property lines. Includes removal of an existing City structure by the City. Alderman Jakus moved adoption of the recommendation of the Plan Commission. The motion was seconded by Alderman Schulz and carried unanimously. Alderman Jakus moved adoption of the Ordinance granting approval to a conditional use permitting construction of a 150' monopole and 1,200 square foot equipment building at 127 S. Moorland Road. The ordinance also grants approval to a special exception permitting ten foot offsets to the south and west property lines where 25 foot offsets are required by the Zoning Code. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1786* Alderman Schulz moved approval of the Resolution approving a telecommunications lease with VoiceStream Wireless, located at 127 S. Moorland Road, and tabling the leases with Metricom Inc. and Nextel. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6700* The next item was the Request of TeleCorp., c/o Wireless Facilities Inc., 633 E. Mason St., Milwaukee, for approval of a conditional use for a revised plan and method of operation permitting installation of telecommunications cabinetry inside a masonry enclosure and attaching one antenna on the Sprint monopole located at 127 S. Moorland Road. The enclosure requires a special exception permitting zero foot offsets to the south and west property lines where 25 foot offsets are required by the Zoning Code. A temporary alternative to the enclosure is use of a Cell on Wheels (COW) until permanent installation on a new tower is available. (NE 1/4 of Sec. 34) The Plan Commission recommended granting the request for a conditional use and special exception permitting construction of an enclosure with a zero foot offset provided the applicant is able to obtain a 10 foot landscape easement from Toys 'R Us and that there would be adequate landscaping satisfactory to staff. The applicant is to share with landscaping to the east, also a requirement for a grading and drainage plans and a statement of operations. Further, if the applicant cannot obtain a 10 foot landscape easement, they have permission to install a Cell on Wheels until installation of the new monopole is completed. Alderman Jakus moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Washechek and carried unanimously. Alderman Jakus moved adoption of the Ordinance granting approval of a conditional use permitting installation of telecommunications cabinetry inside a masonry enclosure and attaching one antenna on the Sprint monopole located at 127 S. Moorland Road. The ordinance also grants approval of a special exception permitting zero foot offsets to the south and west property lines where 25 foot offsets are required by the Zoning Code. The motion was seconded by Alderman Washechek. A roll call vote was seconded and carried unanimously. Ordinance No. 1787* Alderman Schulz moved approval of the Resolution approving a telecommunication lease with TeleCorp, located at 127 S. Moorland Road subject to TeleCorp obtaining the required easement from Toys R Us. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6701* Alderman Schulz moved approval of the Resolution approving the Agreement permitting placement of a "Cell on Wheels" at 127 S. Moorland Road until June 1, 2001. This approval being contingent on TeleCorp's inability to locate on the Sprint monopole. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 6702* The next item was the Request of Winstar, c/o Kukulica and Associates, 1729 Rutan Dr., Livermore, CA 94550, Michelle D. Hightower, Project Manager, for approval of a conditional use of a revised plan and method of operation permitting installation of telecommunications equipment at 200 S. Executive Drive. (NE 1/4 of Sec. 34) The Plan Commission recommended approval of the conditional use and revised plan and method of operation as recommended by the Planning staff with the addition that the antenna array on top of the building be screened in a way so that both of the penthouses appear identical when the project is completed and that a streetyard landscaping plan be required to be negotiated with the staff but to at least include one tree for the end of each of the parking aisles. Alderman Jakus moved adoption of the recommendation of the Plan Commission. The motion was seconded by Alderman Bauer and carried unanimously. Alderman Jakus moved adoption of the Ordinance granting approval of a conditional use permitting installation of telecommunications equipment at 200 S. Executive Drive. The motion was seconded by Alderman Schulz. A roll call vote was taken and carried unanimously. Ordinance No. 1788* The next item was the Request of TeleCorp and VoiceStream Wireless, c/o WFI, 633 E. Mason St., Milwaukee, WI 53202, Ted Torcivia, Zoning Manager, and Jack Melvin, Site Acquisition Specialist, for approval of a conditional use for a revised plan and method of operation permitting construction of a 600 square foot equipment room addition and installation of two antenna arrays on the monopole at 2100 N. Calhoun Road. The Plan Commission recommended approving the conditional use and revised plan and method of operation as recommended by the Planning staff. Alderman Jakus moved to adopt the recommendation of the Plan Commission. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Alderman Jakus moved adoption of the Ordinance granting approval of a conditional use permitting construction of a 600 square foot equipment room addition and installation of two antenna arrays on the monopole at 2100 N. Calhoun Road. The motion was seconded by Alderman Clappier. A roll call vote was taken and carried unanimously. Ordinance No. 1789* Alderman Schulz moved approval of the Resolution approving telecommunication leases with TeleCorp and VoiceStream Wireless located at 2100 N. Calhoun Road. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 6703* Alderman Jakus moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of February 26, 2001. The motion was seconded by Alderman Bauer and carried unanimously. FINANCE COMMITTEE - Alderman Schulz, Acting Chairman in the absence of Ald. Garvens Alderman Schulz stated there were no vouchers exceeding $50,000 needing approval. Alderman Schulz moved approval of the Resolution approving the budget amendment for 2000 requested by the Director of Finance and the Director of Public Works: $30,000 from the Contingency account #101-910-590 to the Highway Snow/Ice Materials account #101-307-003-524, for purposes of funding snow and ice control costs. The motion was seconded by Alderman Schellinger and carried unanimously. Resolution No. 6704* Alderman Schulz moved approval of the Resolution approving the budget amendment for 2000 requested by the Director of Finance and Director of Public Works, to appropriate an additional $83,000 from the Water Utility Fund balance to Water Utility-Outside Services Employed account #501-800-923-000 for purposes of funding water system study costs. The motion was seconded by Alderman Brunner and carried unanimously. Resolution No. 6705* Alderman Schulz moved approval of the Resolution approving the budget transfer requested by the Fire Chief: $11,000 between various Fire Department accounts. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6706* Alderman Schulz moved to table the Resolution approving the budget transfer requested by the Director of Finance and Director of Parks, Recreation and Forestry, to appropriate $300,000 from the Public Site Fund balance to Public Site Fund account #205-215-579-503, to provide additional funding for Mitchell Park development. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Alderman Schulz moved to deny the Notice of Claim: Carol Braunschweig. The motion was seconded by Alderman Washechek and carried unanimously. Alderman Schulz moved approval of the Resolution approving a grant from the Wisconsin Dept. of Transportation for $239,577 for intersection improvements at Barker Road and North Avenue. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6707*
PARK & RECREATION COMMISSION - Alderman Schulz, Chairman Alderman Schulz moved approval of the Resolution adopting the year 2020 Park and Open Space Plan for the City of Brookfield. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6708* Alderman Schulz moved approval of the revised Resolution delaying the award of the bid packages for the Mitchell Park Pavilion Project (PR-1-01) until the new bids are received for Item #8 (Glue Laminated Structural Units) and that the bid received from Wood-Lam, Inc. for Glue Laminated Structural Units be rejected. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6709* PERSONNEL COMMITTEE - Alderman Ponto, Chairman Alderman Ponto moved to adopt the Ordinance amending Section 2.76.040 B. of the Municipal Code relating to excepting the applicability of the Civil Service System to various employment positions. The motion was seconded by Alderman Washechek. A roll call vote was taken and carried unanimously. Ordinance No. 1790* COUNCIL AS A WHOLE Alderman Jakus moved approval of the Bartender License for Katherine M. Gilbert (no applicable records were found for this applicant.) The motion was seconded by Alderman Mahkorn and carried unanimously. Alderman Jakus moved approval of the Mayor's Appointment to the Board of Review. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Board of Review Thomas A. Friesch - Appointed for a three-year term expiring January 1, 2004. Alderman Jakus moved approval of the Mayor's Appointments to the Greenway Corridor Committee. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Greenway Corridor Committee Pat Haukohl - Representing 1st district Jane McGuire - Representing 2nd district Paul Quick - Businessman, Representing 3rd district Steven Mamerow - Physician, Representing 4th district Gretchen Solomon - Representing 6th district Tom Schellinger, Alderman - Representing 7th District Alderman Jakus moved approval of the Mayor's Reappointment to the Board of Review. The motion was seconded by Alderman Schulz and carried unanimously. Board of Review Norman Draeger - Reappointed as an alternate for a one year term expiring January 1, 2002. The next item was taken as Council as a Whole. Alderman Washechek moved approval of the Preliminary Resolution declaring intent to exercise special assessment powers under Section 66.60, Wis. Stats.-Council Hills/Indianwood/Mayerdale Water Main Project #2000-WM-6. The motion was seconded by Alderman Jakus and carried unanimously. Preliminary Resolution No. 6710* Alderman Washechek moved to adjourn. The motion was seconded by Alderman Bauer and carried unanimously. 10:50 p.m. Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk's Office. 9713 REGULAR COMMON COUNCIL PAGE 9710 MARCH 6, 2001 |