New Berlin council adopts zoning-code update, awards utility and July 4 festival contracts

The New Berlin Common Council on March 11 unanimously adopted a zoning-code update, approved a professional services contract for sanitary sewer flow monitoring and infiltration/inflow (I&I) work, and approved four contracts for the city’s July 4 festival, including fireworks and a drone show.

The zoning-code update, adopted as Ordinance 2702 updating Chapter 275, was recommended to the council by the Plan Commission. The ordinance makes a number of clarifying and streamlining changes across zoning rules, including revised language on animals, accessory structures, nonmetallic mining reclamation and floodplain definitions. A staff member identified in the meeting as Nikki said many changes are refinements rather than substantive policy shifts.

Nikki told the council the update standardizes setback rules for certain mechanical equipment. "So the big thing is over the years air conditioners have met a 5-foot setback and they fall under the same section as generators which say that you have to meet the setback of the district ... so we're now relaxing that to say that generators, air conditioners, 5 feet across the board, makes it simple when people are coming in to ask that question," Nikki said.

An alderman raised questions about limits imposed by Act 16 and referenced a former city attorney's interpretation about how state law affects local protest-petition rights; the meeting record does not identify a change to the protest-petition process in the ordinance itself. Council members also noted the floodplain section was revised after the Wisconsin Department of Natural Resources asked for definitions to be restored so the city code aligns with FEMA and state guidance.

On utilities, the council approved awarding a professional services contract for the 2025 sanitary sewer flow monitoring and I&I modification project to R. A. Smith. The Utility Committee had recommended the award by a 4-0 vote; the council approved the recommendation unanimously.

The council also approved four festival-related contracts recommended by the July 4 commission: Area 10 for tent rentals and services for $21,821.15; CHROME Fireworks for $40,000 (the city noted a required permit for the fireworks); BCI Entertainment LLC for a drone show at $30,000; and PATH Services Inc. for portable sanitation at $10,645. Each contract was presented as having been reviewed by the city attorney and was approved by unanimous council vote.

Other routine business included formal approval of the Feb. 25, 2025, council meeting minutes and a consent agenda, both approved unanimously.

The council convened in closed session under a cited statutory basis in the transcript—"section 19.851 gs of the Wisconsin statutes"—to consult with counsel about litigation, specifically an item identified as the B. Klein claim. The roll-call vote to enter closed session recorded six members voting aye. The council returned to open session and adjourned at 6:31 p.m.

Votes at a glance

- Approval of minutes (Feb. 25, 2025): motion approved unanimously. - Ordinance 2702 (Zoning Code updates, Chapter 275): approved unanimously; recommended by Plan Commission (unanimous). - Award professional services contract for 2025 sanitary sewer flow monitoring and I&I modification to R. A. Smith: recommended 4-0 by Utility Committee; approved unanimously by council. - Area 10 — tent rentals and services for July 3–5, 2025 — $21,821.15: recommended by July 4 commission (unanimous); approved unanimously. - CHROME Fireworks — fireworks for July 4 — $40,000; permit required: recommended (unanimous); approved unanimously. - BCI Entertainment LLC — drone show July 5, 2025 — $30,000: recommended (unanimous); approved unanimously. - PATH Services Inc. — portable sanitation July 1–6, 2025 — $10,645: recommended (unanimous); approved unanimously. - Motion to convene closed session to discuss B. Klein claim under cited state statute: roll-call vote recorded as unanimous (six ayes).