CITY OF
BURLINGTON - CITY COUNCIL
OFFICIAL PROCEEDINGS
Claude
Lois, Mayor
Beverly
Gill, City Clerk
Police Department Courtroom
September
18, 2007
On this Tuesday evening, Mayor Lois called the
meeting to order at 7:07 p.m. starting with roll call.
Roll Call: Robert Prailes, Peter Girolamo, Steve Rauch,
Katie Simenson, Robert Miller, Kent Strong, Thomas Vos
and John Thate. Also present were: Police Chief Scot
Eisenhauer; Department of Public Works – Streets and
Parks Supervisor Larry Gobel; Department of Public Works
Utility Manager Connie Wilson; Budget Officer /
Treasurer Bridget Lois; Fire Chief Dick Lodle; Library
Director Gayle Falk; Building Inspector / Zoning
Administrator Patrick Scherrer; City Engineer Tom Foht,
Kapur and Associates, Inc.; Linda Fellenz, Kapur and
Associates, Inc.; Interim City Administrator Mark
Morien; and City Attorney Thomas Kircher.
Citizen Comments – None.
Chamber of Commerce Representative – No report.
Approval of Minutes –Alderman Strong moved and
Alderman Rauch seconded to approve the September 4, 2007
minutes. All were in favor and the motion carried.
Letters and Communications – None.
REPORTS BY ALDERMANIC REPRESENTATIVES
AND DEPARTMENT HEADS
Alderman Vos questioned if there was something that
could be done with the lights at Grove Street.
Department of Public Works – Streets and Parks
Supervisor Larry Gobel informed the Council that when
Walgreens came into the City, conduit was installed into
those lights but was never connected. He noted that he
would get the company in to fix that immediately.
Alderman Girolamo questioned if there was something
that could be done with the lights at the Pine Street
and Milwaukee Avenue intersection. He stated that
recently it took him four stoplights to get from the
Post Office to Milwaukee Avenue. City Engineer, Tom Foht
explained to the Council that his office is going
through the intersections in the City that were affected
by the two-way street conversion and reevaluating the
traffic patterns. He noted that a final report would
come before the Council outlining the areas where some
of the signals would require timing adjustments.
Alderman Simenson voiced her concern regarding the
driveway by the signals at Walgreens. She stated that
the driveway is so bad that her car bottoms out going
out of that driveway. She questioned whose
responsibility it was to fix the driveway. Mayor Lois
stated that it is the City’s responsibility to repair
the driveway. She also asked City Engineer Tom Foht if
he had found out any information about the Riverwalk.
Mr. Foht stated that Floorshield went out to the
Riverwalk to evaluate what needs repair and will be
putting some numbers together for the City to review.
Alderman Vos questioned who was paying for these
improvements. Mr. Foht stated that it would be at the
City’s cost to make the improvements. Mr. Foht explained
that back in 2001 – 2002 when this concrete work was
installed, there were problems with color fading, the
look of the overlay, and cracking. The City worked with
Bane Nelson and Schrieber Anderson to correct these
issues. By working with Floorshield, the intent is to
repair the Riverwalk area so there is only minimal level
of maintenance by the City. Mayor Lois noted that more
care needs to be taken when plowing during the winter to
avoid any major chipping of the concrete, which can then
lead to cracking. Mr. Foht stated that he would update
the Council on this issue once a report is received from
Floorshield. Alderman Simenson expressed her
dissatisfaction with the look of the concrete and the
railings on the Riverwalk . She stated that it is a
shame and an embarrassment that the City has to pay to
have this area maintained again. Mayor Lois noted that
when Schrieber Anderson came to the City with the ideas
for the Riverwalk, the City took out half of the ideas
that they had due to the extreme design for the area and
the concern of how to maintain it. He noted that the
City is doing its best to repair and maintain the
Riverwalk and will continue to do so.
Alderman Thate questioned if the driveway approach to
Walgreens was to be corrected by Walgreens when they
came in. Mayor Lois thought maybe they were supposed to
take care of that and asked Building Inspector Patrick
Scherrer to check the plans to confirm this. Alderman
Thate also questioned if Mr. Foht could look into the
signals at the intersection of Bridge Street and South
Pine Street as it is extremely hard to make a left hand
turn.
Department of Public Works Utility Manager Connie
Wilson informed the Council that she recently received a
call from one of her best farmers who won first place at
the Walworth County Fair for the tallest corn and the
biggest ears by using only a sewage sludge application.
Police Chief Scot Eisenhauer informed the Council
that he recently promoted Mr. Mark Anderson to Assistant
Police Lieutenant for the City of Burlington.
REPORTS
Alderman Vos moved and Alderman Miller seconded to
receive and accept reports 1-3. All were in favor and
the motion carried. (These reports are on file at City
Hall for viewing.)
PAYMENT OF VOUCHERS
Alderman Miller moved and Alderman Strong seconded to
approve pre-paids in the amount of $20,589.60 on
September 5, 2007 and $86,798.14 on September 13, 2007
totaling $107,387.74 and vouchers in the amount of
$576,692.15 on September 18, 2007 for a grand total of
$684,079.89. Reimbursements were in the amount of
$1,624.93 on September 14, 2007 and Debit Card purchases
in the amount of $336.00 for the Fire Dept.; $61.00,
$11.50 and $209.75 for the Library; $214.94, $53.03,
$25.99, $184.94, $328.37 and $148.50 for the Police
Dept. Roll Call: Ayes: Strong, Prailes, Simenson, Rauch,
Girolamo, Miller, Vos and Thate. Nays: None. All were in
favor and the motion carried.
LICENSES AND PERMITS
Alderman Girolamo moved and Alderman Vos seconded to
approve the licenses and permits as presented. All were
in favor and the motion carried.
Operator’s Licenses
Bieneman, Lee A.Howard, Liesje
Kaye, Krystal, M.
Kinnard, Nash L.
Leitz, Denise R.
Puntillo, John W.
APPOINTMENTS
Alderman Girolamo moved and Alderman Strong seconded
to approve the appointment of Judy Lemieux to replace
Carol Anderson on the Community Development Authority,
term to expire on November 4, 2010. All were in favor
and the motion carried.
PUBLIC HEARINGS
- A public hearing to consider rezoning 249
Milwaukee Avenue from B-2, Central Business District
to Rd-2, Two-Family Residence District to allow the
building to be used as a residence only.
Mayor Lois opened the
public hearing at 7:26 p.m.
There were no comments.
Alderman Girolamo moved and
Alderman Vos seconded to close the public hearing at
7:27 p.m. All were in favor and the motion carried.
RESOLUTIONS INTRODUCED
-
A resolution
regarding the possible expansion of the Wastewater
Treatment Facility.
- A resolution extending the deadline to complete
certain improvements for the Glen at Stonegate
Subdivision.
-
A resolution
approving a one-year agreement for special counsel
related to property sales/acquisitions to Michael,
Best and Friedrich, LLP.
- A resolution adopting public participation
procedures for the preparation of a Comprehensive
Plan for the City of Burlington.
- A resolution approving retention of Hostak,
Henzl and Biehler, S.C for counsel related to
development of the Boundary Agreement with the
Village / Town of Rochester.
-
A resolution
authorizing participation in the preparation of a
Cooperative Plan with the Town of Rochester and
Village of Rochester.
- A resolution authorizing the use of credit cards
for the City of Burlington operating departments.
- A resolution rejecting all bids for the
construction of the Wastewater Treatment Plant
Expansion – Phase One.
RESOLUTIONS ADOPTED
Alderman Rauch requested a second reading of
Resolution No. 46, A resolution regarding the
possible expansion of the Wastewater Treatment Facility.
Alderman Rauch moved and Alderman Vos seconded to
adopt Resolution No. 46. Roll Call: Ayes: Strong,
Prailes, Simenson, Girolamo, Rauch, Miller, Vos and
Thate. Nays: None. All were in favor and the motion
carried.
Alderman Vos requested a second reading of
Resolution
No. 47, A resolution extending the deadline to
complete certain improvements for the Glen at Stonegate
Subdivision. Alderman Vos moved and Alderman Rauch
seconded to adopt Resolution No. 47. Roll Call: Ayes:
Strong, Prailes, Simenson, Girolamo, Rauch, Miller, Vos
and Thate. Nays: None. All were in favor and the motion
carried.
Alderman Strong requested a second reading of
Resolution No. 50, A resolution approving a one-year
agreement for special counsel related to property
sales/acquisitions to Michael, Best and Friedrich, LLP.
Alderman Strong moved and Alderman Simenson seconded to
adopt Resolution No. 50. Roll Call: Ayes: Strong,
Prailes, Simenson, Girolamo, Rauch, Miller, Vos and
Thate. Nays: None. All were in favor and the motion
carried.
Alderman Vos requested a second reading of
Resolution
No. 51, A resolution adopting public participation
procedures for the preparation of a Comprehensive Plan
for the City of Burlington. Alderman Girolamo asked
for a reconsideration of this motion due to the fact
that Alderman Miller is being named to work with the
Racine County Multi-Jurisdictional Comprehensive
Planning Group on this project. Alderman Girolamo feels
that Alderman Miller already has a plate full of
Commissions and Boards that he is currently serving on.
Attorney Kircher stated that Alderman Girolamo must
retract his objection until the resolution is up for
discussion. Alderman Girolamo retracted his objection.
Alderman Vos moved and Alderman Strong seconded to adopt
Resolution No. 51. Alderman Girolamo now asked for
reconsideration of the appointment of Alderman Miller to
the Racine County Multi-Jurisdictional Comprehensive
Planning Group by Mayor Lois. Mayor Lois noted to all of
the Council members that those meetings are public and
anyone can attend, as well as any of the other
Commission and Board meetings. Roll Call: Ayes: Strong,
Prailes, Rauch, Miller, Vos and Thate. Nays: Simenson
and Girolamo. The majority was in favor and the motion
carried.
Alderman Vos requested a second reading of
Resolution
No. 53, A resolution approving retention of Hostak,
Henzl and Biehler, S.C for counsel related to
development of the Boundary Agreement with the Village /
Town of Rochester. Alderman Vos moved and Alderman
Strong seconded to adopt Resolution No. 53. Roll Call:
Ayes: Strong, Prailes, Simenson, Girolamo, Rauch,
Miller, Vos and Thate. Nays: None. All were in favor and
the motion carried.
Alderman Strong requested a second reading of
Resolution No. 56, A resolution authorizing
participation in the preparation of a Cooperative Plan
with the Town of Rochester and Village of Rochester.
Alderman Strong moved and Alderman Rauch seconded to
adopt Resolution No. 56. Roll Call: Ayes: Strong,
Prailes, Simenson, Girolamo, Rauch, Miller, Vos and
Thate. Nays: None. All were in favor and the motion
carried.
Alderman Strong requested a second reading of
Resolution No. 57, A resolution authorizing the use
of credit cards for the City of Burlington operating
departments. Alderman Strong moved and
Alderman Simenson seconded to adopt Resolution No. 57.
Roll Call: Ayes: Strong, Prailes, Simenson, Girolamo,
Rauch, Miller, Vos and Thate. Nays: None. All were in
favor and the motion carried.
Alderman Strong requested a second reading of
Resolution No. 59, A resolution rejecting all bids
for the construction of the Wastewater Treatment Plant
Expansion – Phase One. Alderman Strong moved
and Alderman Girolamo seconded to adopt Resolution No.
59. Roll Call: Ayes: Strong, Prailes, Simenson, Girolamo,
Rauch, Miller, Vos and Thate. Nays: None. All were in
favor and the motion carried.
ORDINANCES
- An ordinance amending Chapter 9, "Budget and
Finance" of the Burlington Municipal Code regarding
facsimile signatures, adding the City Administrator.
ORDINANCES ADOPTED
Alderman Strong requested a second reading of
Ordinance No. 14, An ordinance amending Chapter 9,
"Budget and Finance" of the Burlington Municipal Code
regarding facsimile signatures, adding the City
Administrator. Alderman Strong moved and Alderman
Girolamo seconded to adopt Ordinance No. 14. Roll Call:
Ayes: Strong, Prailes, Simenson, Girolamo, Rauch,
Miller, Vos and Thate. Nays: None. All were in favor and
the motion carried.
MOTIONS
| 07-564 |
A motion granting approval to
hold the Annual Christmas Parade on Friday,
December 7, 2007, stepping off at 6:30 p.m.
Alderman Vos moved and Alderman Rauch seconded
to approve Motion 07-564 as presented. |
OTHER MATTERS
None.
ADJOURN INTO CLOSED SESSION
Mayor Lois entertained a motion to enter into closed
session pursuant to Wisconsin Statutes 19.85(1)(c)
and (g):
| 19.85(1)(c) |
Considering employment,
promotion, compensation or performance
evaluation data of any public employee over
which the governmental body has jurisdiction or
exercises responsibility.
- Discussions regarding the hiring process
of the new City Administrator.
|
| 19.85(1)(g) |
Conferring with legal counsel
for the governmental body who is rendering oral
or written advice concerning strategy to be
adopted by the body with respect to litigation
in which it is or is likely to become involved.
- Conferring with the City Attorney who is
rendering oral advice concerning strategy to
be adopted by the Common Council with
respect to Johnston v. City of Burlington,
Case No. 07-CV-0952.
|
Alderman Girolamo moved and
Alderman Strong seconded to enter into closed session at
7:42 p.m. Roll Call: Ayes: Strong, Prailes, Rauch,
Simenson, Girolamo, Miller, Vos and Thate. Nays: None.
All were in favor and the motion carried.
RECONVENE INTO OPEN SESSION
Alderman Strong moved and Alderman Vos seconded to
reconvene into open session at 7:51 p.m. Roll Call:
Ayes: Strong, Prailes, Rauch, Simenson, Girolamo,
Miller, Vos and Thate. Nays: None. All were in favor and
the motion carried.
MOTIONS
| 07-569 |
A motion to plead a defense of
governmental immunity in the case of Johnston v.
City of Burlington, Case No. 07-CV-0952.
Alderman Vos moved and Alderman Strong seconded
to approve Motion 07-569. Roll Call: Ayes:
Strong, Prailes, Rauch, Simenson, Girolamo,
Miller, Vos and Thate. Nays: None. All were in
favor and the motion carried. |
ADJOURNMENT
Alderman Vos moved and Alderman Rauch seconded to
adjourn the meeting at 7:52 p.m. All were in favor and
the motion carried
Adjourned at 7:52 p.m.
Recording Secretary – Angela M. Hansen
|