| Scott A. Berg, 5th District Alderman, Brookfield, Wisconsin |
| March 20, 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 and JOINT PLAN COMMISSION MEETING HELD AT 7:45 P.M., TUESDAY, MARCH 20, 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, 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: Richard Brunner COMMISSIONERS PRESENT: Mayor Bloomberg, Alderman Schulz, Alderman Steinke, Alderman Jakus, Beverly Wentz, Richard Brandt COMMISSIONERS ABSENT & EXCUSED: Michael Faber ALSO PRESENT: City Attorney Sue Schalig, 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, Economic Development Coordinator Pat Drinan, Director of Community Development Dan Ertl, Fire Inspector Dennis Hibbard Mayor Bloomberg called the meeting of the Common Council and Plan Commission to order at approximately 8:35 p.m. (Three public hearings were heard previously - Fire Prevention and Life Safety Code; Processing of telecommunication towers and antennas; and the Antenna Array at the Mary Knoll Park Water Tower.) Alderman Bauer led the Council in the Pledge of Allegiance to the American Flag. Alderman Waffenschmidt moved approval of the Regular Common Council minutes of March 6, 2001. The motion was seconded by Alderman Jakus and carried unanimously. PLAN COMMISSION MEETING The Plan Commission convened to take action on the request of U.S. Cellular, c/o Buell Consulting Inc., 1325 Spaight St., Madison, WI 53703, for approval of a conditional use and special exception for a revised plan and method of operation permitting construction of an telecommunications equipment building with a 25-foot setback and 10-foot offset as well as installation of one antenna array on the water tower located at Mary Knoll Park. The Mary Knoll Park Water Tower is located south of I-94 between Sunny Slope and Moorland Roads. (E 1/2 of Sec. 35) (This item was the subject of a public hearing earlier in the meeting.) Mr. Theis reported: 1. The Mary Knoll Park Water Tower is located south of I-94 between Sunny Slope and Moorland Roads. The site is zoned "R-3" Single-family Residential District with Conditional Use Ordinance Overlay permitting an elevated water tank. Chapter 17.108 of the Municipal Code establishes antennas as conditional uses that may be permitted in a residential zoning district that contains an existing nonresidential conditional use, but only after a public hearing process. 2. The applicant's request for a conditional use public hearing and special exception for the purpose of placing a 600 square foot equipment building (sized for three tenants) on the site and installing one wireless communication antenna array on the existing water tank was approved at the October 9, 2000 and February 26, 2001, meetings of the Plan Commission. 3. The equipment building is sized for three wireless vendors although only one vendor has expressed a desire to locate at this site. Building materials include a brick exterior with asphalt shingles. Architecture will match that approved at the Mary Lynn Drive water tower where Cingular and Metricom recently received conditional use approval for wireless installations. 4. The applicant's proposal was reviewed and approved at the Parks and Recreation Commission meeting of November 6, 2000, in a substantially similar location as that currently proposed. The sight is an open lawn. An informal landscape of evergreens and ornamental trees is proposed. 5. The municipally owned site is but 60 feet deep. Section 17.36 of the Municipal Code establishes the building setback at 50 feet and building offset at 20 feet. The site was qualified as a wireless communications location in the City's 1996 report, "General Guidelines for PCS Siting" and identified as a co-location site in the Wireless Study Update - 2000 recently submitted tot he City by Evans Associates. However, in order to accommodate the telecommunications equipment building a special exception is required permitting a 25-foot building setback and 10-foot building offset. 6. A structural review of the water tank has been completed and concludes that the structure can support the proposed antenna array. 7. A lease agreement with the applicant is ready for execution by the Common Council. Mr. Theis recommended approving the conditional use, special exception and revised plan and method of operation subject to: 1. Execution of a lease agreement with the City of Brookfield. 2. Statement of operations dated February 12, 2001, by Peter A. Bradley, Agent for US Cellular. 3. Site/Landscape and Building Plans dated February 9, 2001, with technical corrections to the landscape component. 4. Submittal, review and approval of Grading and Drainage Plans by the City Engineering Department. 5. Installation of fire protection measures as required by the Municipal Code. 6. Approval expires on March 20, 2003 unless a building permit has been obtained. Mayor Bloomberg asked if the request is subject to a lease, and if so, do we have the lease agreement? The answer to both questions was yes. The Mayor asked if the Plan Commission was satisfied with the amount of landscaping? There were several questions relative to the location of the landscaping and the road into the site. Mr. Theis stated the landscaping is subject to technical corrections and any conflict with the easement or road would be corrected. The Planning Staff will make sure the building and the landscaping does not interfere with the roadway. Alderman Steinke stated he would prefer that the arbor vitae were replaced with spruce trees. The other Plan Commissioners agreed. Commissioner Wentz asked why the building was placed so far from the stand pipe? Tom Grisa explained that additional water storage would be needed to serve the east side of the City. The future storage facility would be placed on the east side of the stand pipe due to the existing connections. Alderman Schulz moved approval of the conditional use, revised plan and method of operation, and special exception as recommended by Planning staff with changes to landscaping (spruce rather than arborvitae) and technical corrections to the landscape plan. Staff to ensure that neither building or landscaping will interfere with the roadway. Motion was seconded by Commissioner Wentz and carried unanimously. Alderman Steinke moved to adjourn the Plan Commission. The motion was seconded by Commissioner Wentz and carried unanimously. ACTIONS OF THE COMMON COUNCIL PLAN COMMISSION Alderman Schulz moved approval of the Plan Commission's actions and recommendations (see above for action of the Plan Commission) for the Request of U.S. Cellular, c/o Buell Consulting Inc., 1325 Spaight St., Madison, WI 53703, for approval of a conditional use and special exception for a revised plan and method of operation permitting construction of a telecommunications equipment building with a 25-foot setback and 10-foot offset as well as installation of one antenna array on the water tower located at Mary Knoll Park. The Mary Knoll Park Water Tower is located south of I-94 between Sunny Slope and Moorland Roads. (E 1/2 of Sec. 35) The motion was seconded by Alderman Jakus and carried unanimously. Alderman Schulz moved adoption of the Ordinance granting approval of a conditional use and special exception permitting construction of a telecommunications equipment building and installation of one antenna array on the water tower located at Mary Knoll Park. The motion was seconded by Alderman Jakus. A roll call vote was taken and carried unanimously. Ordinance No. 1791* Alderman Garvens moved approval of the Resolution approving the telecommunication lease with U.S. Cellular. The motion was seconded by Alderman Waffenschmidt and carried unanimously. Resolution No. 6715* PLAN COMMISSION/BOARD OF PUBLIC WORKS The City Clerk referred to the Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of March 12, 2001, including the Plan Review Board minutes of February 22, 2001. The first item was the request of the City of Brookfield Department of Public Works, c/o Dean Marquardt, Director of Administrative Services, for approval to schedule a conditional use and floodplain rezoning public hearing permitting a revised plan and method of operation for the construction of a 69,510 sq. ft. public works highway garage at 19450 Riverview Drive. (N 1/2 of Sec. 17) The Plan Commission recommended to accept the staff recommendation to schedule a conditional use and floodplain rezoning public hearing on this matter, with the condition that the northside of the cold storage building be planted with ivy and that more texture be applied to the recessed concrete panels for more contrast. Alderman Schulz moved adoption of the Plan Commission recommendation. The motion was seconded by Alderman Jakus and carried unanimously. Alderman Schulz moved approval of the remaining Plan Commission's actions and recommendations as represented in the Regular Plan Commission minutes of March 12, 2001, including the Plan Review Board minutes of February 22, 2001. The motion was seconded by Alderman Jakus and carried unanimously. ECONOMIC DEVELOPMENT COMMITTEE - Alderman Garvens, member Alderman Garvens moved approval of the Resolution authorizing application to the 2001 Waukesha County Economic Development Corporation Blue Chip Incentive Grant Program. The motion was seconded by Alderman Jakus and carried unanimously. Resolution No. 6716* FINANCE COMMITTEE - Alderman Garvens, Chairman Alderman Garvens moved approval of the Vouchers exceeding $50,000 requiring immediate action. The motion was seconded by Alderman Heinrich and carried unanimously. Alderman Garvens moved approval of the Resolution approving budget amendments for the 2000 Capital Improvement budget, requested by the Director of Finance: $145,479 from Capital Projects Reserve account #201-113-700-045. The motion was seconded by Alderman Heinrich and carried unanimously. Resolution No. 6717* Alderman Garvens moved approval of the Resolution approving amendments to the 2001 Capital Improvement budget, requested by the Director of Finance. The motion was seconded by Alderman Schulz and carried unanimously. Resolution No. 6718* Alderman Garvens moved approval of Item #12, the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $6,775,000: construction of public works facility; Item #13, the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $1,375,000: street improvements; and Item #14, the Initial Resolution authorizing General Obligation Bonds in an amount not to exceed $2,950,000: water utility system improvements. The motion was seconded by Alderman Schellinger. A roll call vote was taken and carried unanimously. Item #12 - Resolution No. 6712* Item #13 - Resolution No. 6711* Item #14 - Resolution No. 6713* Alderman Garvens moved approval of the Resolution authorizing the issuance and sale of up to $4,020,339 Sewerage System Revenue Bonds, Series 2001A and providing for other details and covenants with respect thereto (Clean Water Fund Loan). The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Resolution No. 6714* Alderman Garvens moved to deny the Notice of Claim-Setzer. The motion was seconded by Alderman Heinrich and carried unanimously. Alderman Garvens moved approval of the Request from the Police Department to purchase eight replacement vehicles (fleet) from Ewald Chevrolet-Buick Inc. for $174,981. The motion was seconded by Alderman Heinrich and carried unanimously. LEGISLATIVE & LICENSING COMMITTEE - Alderman Jakus, Chairman Alderman Jakus moved approval of six original bartender licenses and to deny one original bartender license. The motion was seconded by Alderman Garvens and carried unanimously. Alderman Jakus moved adoption of the Ordinance creating a license for the Brookfield Civic Center Farmer's Market, with a clarification to the language to state "annual license fee". The motion was seconded by Alderman Heinrich. A roll call was taken and carried unanimously. Ordinance No. 1792* BOAD OF PUBLIC WORKS - Alderman Schulz, Chairman Alderman Schulz moved approval of the Resolution awarding the bid for the 2001 Annual Concrete Curb & Gutter and Storm Inlet Repair Project #2001-CG-4 to Capitol Pavers, Inc. for $199,471.25. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6719* Alderman Schulz moved approval of the Resolution awarding the bid for the 2001 Road Resurfacing Project #2001-RR-1 to Payne and Dolan, Inc. for $1,157,137.50. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6720* BOARD OF PUBLIC WORKS/SEWER & WATER BOARD - Ald. Schulz/Washechek, Ch. Alderman Schulz moved approval of the Resolution for the Dedication of Public Facilities for the Conservancy. The motion was seconded by Alderman Washechek and carried unanimously. Resolution No. 6721* SEWER AND WATER BOARDS - Alderman Washechek, Chairman Alderman Washechek moved approval of the Resolution approving the Compliance Maintenance Annual Report for the Sewer Utility. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6722* Alderman Washechek moved approval of the Final Resolution authorizing the installation of water main and levying of special assessments against: Council Hills/Indianwood/Mayerdale Water Main Project #2000-WM-6. The motion was seconded by Alderman Bauer and carried unanimously. Final Resolution No. 6723* Alderman Washechek moved approval of the Resolution awarding the bid for the Council Hills/Indianwood/Mayerdale Water Main Project #2000-WM-6 to MJ Construction for $277,167. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6724* Alderman Washechek moved approval of the Resolution awarding the bid for the Norhardt Drive Improvements Project #2001-SD-1 to Super Western for $811,795.10. The motion was seconded by Alderman Bauer and carried unanimously. Resolution No. 6725* COUNCIL AS A WHOLE Alderman Jakus moved adoption of the Ordinance repealing and recreating the Fire Prevention and Life Safety Code (FPLS), Chapter 8.08. The motion was seconded by Alderman Waffenschmidt. A roll call vote was taken and carried unanimously. Ordinance No. 1793* Alderman Jakus moved adoption of the Ordinance establishing regulations and standards for the permitting of telecommunication towers, antennas and related facilities within the City of Brookfield, with correction to clerical errors. The motion was seconded by Alderman Garvens. A roll call vote was taken and carried unanimously. Resolution No. 1794* Alderman Jakus moved approval of the Mayor's Appointments for the Greenway Corridor Committee. The motion was seconded by Alderman Schellinger and carried unanimously. Greenway Corridor Committee Anne E. Moore - At Large John Corbin - Representing 7th District Michael Davis - At Large Thomas Bielinski - Representing 5th District James Garvens, Alderman Alderman Steinke moved to adjourn. The motion was seconded by Alderman Waffenschmidt and carried unanimously. 10:20 p.m. Kristine A. Schmidt, City Clerk * May be viewed in the City Clerk's Office. 9720 REGULAR COMMON COUNCIL PAGE 9720 MARCH 20, 2001 |