DRAFT

Minutes subject to change.

 

CITY OF BURLINGTON - JOINT CITY COUNCIL AND PARK BOARD

OFFICIAL PROCEEDINGS

Claude Lois, Mayor

Beverly Gill, City Clerk

Police Department Courtroom

July 31, 2007

On this Tuesday evening, Mayor Lois called the Joint City Council and Park Board meeting to order at 5:30 p.m. starting with roll call. Roll call: Aldermen: Thomas Vos, Robert Prailes, Peter Girolamo, Steve Rauch, Katie Simenson and Robert Miller. Park Board members: Darrel Eisenhardt, Heather Kane-Terhorst, Larry Gobel, Kelly Kamlager, Tom Follis, Todd Schalinske and Clay Brandt. Aldermen Kent Strong and John Thate were excused. Also present were City Administrator David Torgler, Interim Administrator Mark Morien and City Attorney Thomas Kircher.

Citizen Comments –None

Letters and Communications – Alderman Rauch moved and Alderman Simenson seconded to approve Communication A regarding Alderman Strong’s absence from this evening’s meeting. All were in favor and the motion carried.

Discussion of a Draft Park Impact Fee Study – Mr. Joel Pittleman and Mr. Nick Dragisich, Springstead, Inc. were present at this evening’s meeting to discuss impact fees. Mr. Pittleman explained that determining an impact fee for the City comprises of establishing if the area has enough facilities and whether those are deficits to the City, as impact fees cannot be charged to make up for deficits, but can be charged for the park’s future needs. Mr. Dragisich informed the Council / Park Board that in their study they used the same standards for impact fees that Southeastern Wisconsin Regional Planning Commission (SEWRPC) uses, which includes the number of facilities that the City has on a per capita basis and accessibility to the standards. Mr. Dragisich gave a brief explanation of the study prepared by Springstead, Inc.

Discussion ensued regarding the standards of the City for park areas and what makes sense for the City and its residents.

Mr. Dragisich further explained that under the SEWRPC standards the City could charge $280 per new unit to cover the future needs of the park area. Several aldermen voiced their concerns regarding the status of the parks that the City currently has and the minimal aid that the impact fees would be for the existing parks. Attorney Kircher stated that this study needs to be population bases in order to get a more accurate number. He also recommended that the City wait to do another study with Springstead, Inc. until a decision is made in November regarding State Statute 341. Attorney Kircher noted that if §341 is not passed, the City may decided that a park impact fee would not work and they should instead charge an annexation fee which is not mandated by any state statute.

Alderman Simenson questioned if the existing parks that are run by homeowner associations are being cared for. Mayor Lois stated that some are and some park areas are just open space with the homeowner association opting to not install any park equipment or other facilities.

Park Board member Clay Brandt questioned if soccer fields could be built on some of this land for future use by the whole community. Mayor Lois stated that it is an option; it now comes down to who will maintain it.

Alderman Prailes questioned how long it would be before a decision could be made regarding these fees so that negotiations can begin with the developer of this property. Mayor Lois stated that it would take a few months for a decision regarding the impact fees to be made. This time would allow for the City to get the result of the decision of State Statute 341 and also negotiate options for the park land with the developer.

Discussion continued regarding whether to charge impact fees and how this would affect not only park lands, but City and taxpayers as well.

Alderman Girolamo questioned if the $500 impact fee that was collected previously could be used for the labor for maintaining the parks. Attorney Kircher informed the Council / Park Board that the money collected could not and would not be allowed to be used for labor costs for a park. He explained that with the sale of the City land to the developer of this new project for $257,000, there would be discussions in the budget process this year as to how this money would be allocated for the City Parks. He also noted that the City is charging a $500 per lot fee for parks as a condition of annexation, which is payable as each phase of the project comes in. He further explained that these monies are not subject to the same rules as the impact fees and can be used for the labor costs of maintaining the parks and any other maintenance the parks may need.

Alderman Miller commented that there may not be any future funding for parks from the State and if we have the opportunity now to negotiate something with this new park land that would benefit both the City and the development, it should be done as there is no guarantee of this same opportunity in the future.

Attorney Kircher noted that with the new park land the City has the opportunity to receive a fully developed park basically paid for by the developer, with the City responsible for the maintenance. He further noted that as this development would be coming in over the course of a ten year period, the City could work on budgeting for the costs of maintaining the park over that time.

Discussion of future park lands – Mayor Lois explained that with the potential new subdivision that is to be located on the outskirts of the City, there would be approximately 20 acres set aside for park land. He further noted that the issue that needs addressing is whether the City’s Park Department would be able to handle the maintenance of another park, especially one of this size. He state that this park area needs to be evaluated and a decision made as to whether this park should remain private park land to be maintained by the developer or homeowners association or another public park to be maintained by the City.

Administrator Torgler echoed Mayor Lois’ statements regarding the park areas and further commented that the City needs this input to be able to make the best decision for not only this development, but for future ones as well. He reiterated that if this park land would be made public, there would be a cost for the City to maintain it, whereas if it would be made a private park area, the homeowners association would do all the maintenance and addition of any playground equipment. He also noted that it could be made into a hybrid park, such as McCanna Park located on Hwy. 11, with minimal playground equipment, smaller bathroom facilities and a parking lot; however, this would also be a cost to the City to maintain it.

Park Board President Darrel Eisenhardt, questioned if these 20 acres set aside for park land is usable land. Administrator Torgler stated that the land could be home to a soccer field, baseball diamond or parking lot. Attorney Kircher noted that another option would be to acquire easements to put in a walking path that could be maintained by either the City or the homeowners association.

Alderman Vos voiced his concern regarding how the City is going to fund the major parks that currently exist, as well as how to fund the new one coming in without the impact fees. Administrator Torgler clarified that the impact fee that the City collects would go for only capital improvements that are driven by the new development. Attorney Kircher noted that with recent laws passed, impact fees have very strict guidelines on what the money can be used for and for how long. Administrator Torgler noted that maintenance of parks is not an allowed use for impact fees collected.

OTHER MATTERS

None.

At this time the Park Board members left the meeting.

ADJOURN INTO CLOSED SESSION

Mayor Lois entertained a motion to enter into closed session pursuant Wisconsin Statutes 19.85(1)(c) and (e):

(c)

Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility requiring a closed session.

1.

To discuss the Police Chief contract.

(e)

Deliberating or negotiating the purchasing of public properties, the investing of public funds or conducting other specified public business, whenever competitive or bargaining reasons require a closed session.

1. To discuss sale of land in the Industrial Park.
2. To discuss the purchase of land for public parking.

Alderman Girolamo moved and Alderman Prailes seconded to enter into closed session at 6:50 p.m. Roll Call: Ayes: Prailes, Rauch, Simenson, Girolamo, Miller and Vos. Nays: None. All were in favor and the motion carried.

RECONVENE INTO OPEN SESSION

Alderman Girolamo moved and Alderman Prailes seconded to reconvene into open session at 7:15 p.m. Roll call: Ayes: Prailes, Rauch, Simenson, Girolamo, Miller and Vos. Nays: None. All were in favor and the motion carried.

MOTIONS

07-559

A motion authorizing the Mayor to enter into a three year agreement with Scot Eisenhauer to be Burlington’s Police Chief with a starting annual salary of $76,086.40 and other fringe benefits. Alderman Girolamo moved and Alderman Simenson seconded to approve Motion 07-559. Roll call: Ayes: Prailes, Rauch, Simenson, Girolamo, Miller and Vos. Nays: None. All were in favor and the motion carried.

07-560 A motion authorizing the Mayor and the City Attorney to negotiate a sales agreement to sell Lot 10 of the BMOP for the amount of $243,045, with the sale to come back to the Council for formal approval. Alderman Miller moved and Alderman Rauch seconded to approve Motion 07-560. Roll call: Ayes: Prailes, Rauch, Simenson, Girolamo, Miller and Vos. Nays: None. All were in favor and the motion carried.

ADJOURNMENT

Alderman Simenson moved and Alderman Rauch seconded to adjourn the meeting at 7:19 p.m. All were in favor and the motion carried.

Adjournment at 7:19 p.m.

Recording Secretary – Angela M. Hansen

 

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