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.)

1. Airport Committee

Minutes of July 26, 2007

2. Plan Commission

Minutes of August 14, 2007

3. Committee of the Whole

Minutes of September 4, 2007

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

  1. 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

  1. A resolution regarding the possible expansion of the Wastewater Treatment Facility.

  2. A resolution extending the deadline to complete certain improvements for the Glen at Stonegate Subdivision.
  1. A resolution approving a one-year agreement for special counsel related to property sales/acquisitions to Michael, Best and Friedrich, LLP.

  2. A resolution adopting public participation procedures for the preparation of a Comprehensive Plan for the City of Burlington.
  1. 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.
  1. A resolution authorizing participation in the preparation of a Cooperative Plan with the Town of Rochester and Village of Rochester.

  2. A resolution authorizing the use of credit cards for the City of Burlington operating departments.
  1. 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

  1. 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

 

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