CITY OF BURLINGTON - CITY COUNCIL

OFFICIAL PROCEEDINGS

Claude Lois, Mayor

Beverly Gill, City Clerk

Police Department Courtroom

December 4, 2007

On this Tuesday evening, Mayor Lois called the meeting to order at 7:15 p.m. starting with roll call. Roll Call: Robert Prailes, Peter Girolamo, Steve Rauch, Robert Miller, Kent Strong, Katie Simenson, Thomas Vos and John Thate. Also present were: Police Chief Scot Eisenhauer; Department of Public Works – Streets and Parks Supervisor Larry Gobel; Fire Chief Dick Lodle; Department of Public Works Utility Manager Connie Wilson; Building Inspector / Zoning Administrator Patrick Scherrer; Budget Officer / Treasurer Bridget Lois; City Engineer Tom Foht, Kapur and Associates, Inc; Linda Fellenz, Kapur and Associates, Inc.; Attorney Tom Kircher and Building Inspector / Zoning Administrator Patrick Scherrer.

Citizen Comments – None.

Chamber of Commerce Representative – Mr. David Scott, Chamber of Commerce President and Chamber Board Member Jeff Fischer, updated the Council regarding several upcoming Chamber events, including the annual Christmas Parade on Friday, December 7, 2007; the Chamber of Commerce sponsored Business After Hours at M & I Bank in Burlington on December 13, 2007 and the annual Chamber of Commerce dinner at the Grand Geneva on January 17, 2008. Mr. Scott proudly announced that the Burlington Chamber is one of Wisconsin’s top ten Chambers and expressed his sincere thanks to the Council for their continued support.

Approval of Minutes –Alderman Girolamo moved and Alderman Thate seconded to approve the minutes of November 20, 2007. All were in favor and the motion carried.

Letters and Communications – None.

REPORTS BY ALDERMANIC REPRESENTATIVES AND DEPARTMENT HEADS

Alderman Thate voiced his concern over the snow plowing job that was done after the most recent snowfall. Department of Public Works – Streets and Parks Supervisor Larry Gobel stated that with the mixture of snow and sleet it was a challenge to clean up. Mr. Gobel stated that several cars around the City parked on the roadways make cleanup even more difficult when the plows had to go around them. He noted that depending on the snowfall expected this evening, the plows would be out again tomorrow to clean up as best they could throughout the City. Alderman Thate questioned if those vehicles parked on the streets should be ticketed. Mr. Gobel stated that once there is three inches of snowfall there is automatically no parking on the City streets and vehicles parked on the road are typically called in to the Police Dept. to be ticketed. Alderman Thate also questioned if the plows could plow the snow better around the corners in the City. Mr. Gobel stated that he would speak to his crew about trying to clean the corners better. Mayor Lois thanked Mr. Gobel for his fast response and repair to a broken mailbox at a residence that was hit after one of the plows went off the road.

Police Chief Scot Eisenhauer updated the Council on the recent situation on Wegge Court where the Racine County Sheriff SWAT Team was called in. He stated that no one on either department was hurt; however the situation did end in an intentional fatal gunshot wound.

City Engineer Tom Foht, Kapur and Associates, Inc, informed the Council that he had recently met with the Department of Transportation (D.O.T.) regarding the Hwy 11 Improvement Project in regards to the State Street area. Mr. Foht explained that the D.O.T. at their expense would be resurfacing that portion of the street before making the jurisdictional transfer. Because a portion of that area is already four-lanes, it had been discussed to make the whole section from Highway W (Browns Lake Drive) to Main Street four lanes. If that were to happen, street parking would be eliminated along State Street. The D.O.T. also stated that the intersection of Highway W and State Street does warrant signalization. Alderman Thate questioned the alignment of the streets at State and Main and hoped that a change could be made in that regards. Mr. Foht stated that he would discuss this with the D.O.T.

Alderman Vos questioned at what point and time does Hwy 83 come back into the City’s jurisdiction. Mr. Foht stated that the anticipated opening date for the Bypass is 2010. He explained that between 2009 and 2011, the DOT would be working on the Jurisdictional Transfer projects and once the rehabs and reconstructions are completed, Hwy 83 would become the City’s.

Alderman Vos also questioned if the DOT could further explore the idea of installing a stop sign at the Market & Pine Street intersection by the gas station. Mr. Foht stated that he could look into this issue.

Alderman Thate questioned if the DOT would be opening up the Bypass from Hwy 83 to Hwy 36 in the next year. Mr. Foht stated that section would be open closer to the end of 2008.

REPORTS

Alderman Miller moved and Alderman Vos seconded to receive and accept reports 1-6. All were in favor and the motion carried. (These reports are on file at City Hall for viewing.)

1.

Zoning Board of Appeals

Minutes of September 18, 2007

2.

Zoning Board of Appeals

Minutes of October 16, 2007

3.

Park Board

Minutes of October 18, 2007

4.

Library Board

Minutes of October 23, 2007

5.

Police & Fire Commission

Minutes of November 7, 2007

6.

Committee of the Whole

Minutes of November 6, 2007

PAYMENT OF VOUCHERS

Alderman Miller moved and Alderman Vos seconded to approve pre-paids in the amount of $19,577.37 on November 21, 2007; $27,606.06 on November 29, 2007 totaling $47,183.43 and vouchers in the amount of $179,630.70 on December 4, 2007 and Reimbursements in the amount of $726.80 on November 23, 2007 for a grand total of $227,540.93. Roll Call: Ayes: Strong, Simenson, Prailes, Rauch, Girolamo, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

LICENSES AND PERMITS

Alderman Vos moved and Alderman Strong seconded to approve the licenses and permits as presented. All were in favor and the motion carried.

Operator’s Licenses

Witkowski, Renee J.

APPOINTMENTS

Alderman Girolamo moved and Alderman Vos seconded to approve the reappointment of Jim Spiegelhoff to the Community Development Authority – term to expire on November 4, 2011. All were in favor and the motion carried.

PUBLIC HEARINGS

  1. A public hearing to consider a rezone request from Gries Architectural Group, LLC for property located at 980 Milwaukee Avenue from B-1, Neighborhood Business District to B-1 / PUD, Neighborhood Business District with a Planned Unit Development Overlay.

Mayor Lois opened the public hearing at 7:32 p.m.

There were no comments.

Alderman Vos moved and Alderman Miller seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 7:33 p.m.

  1. A public hearing to consider a Text Amendment request from Brian Barmore, Anytime Fitness, to amend Section 315-26B to allow "fitness centers" and tanning salons" under 4000 square feet in area as Permitted Uses and to amend Section 315-26D to allow "fitness centers" and "tanning salons" over 4000 square feet in area as Conditional Uses.

Mayor Lois opened the public hearing at 7:34 p.m.

There were no comments.

Alderman Miller moved and Alderman Vos seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 7:34 p.m.

RESOLUTIONS INTRODUCED

  1. A resolution approving an amendment to the City’s Health Care Plan by clarifying the City’s BESTflex Plan and HSA Plan.

  2. A resolution approving a Snow Removal Policy for 2007-2008.

  3. A resolution approving Contract Change Order Number Two with T.V. John and Sons, Inc. for a reduction of the contract price in the amount of $14,672.35 for the Municipal Well #11 Pump House project.
  1. A resolution approving Contract Change Order Number Three with Wanasek Corporation for an increase in the contract price in the amount of $10,384.06 for the 2007 Street and Sidewalk Improvement Program.
  1. A resolution authorizing acceptance execution of an Offer to Sell for the purchase of the Sawall Trust property for land required for the Wastewater Treatment Facility.

RESOLUTIONS ADOPTED

Alderman Vos requested a second reading of Resolution No. 70, A resolution approving an amendment to the City’s Health Care Plan by clarifying the City’s BESTflex Plan and HSA Plan. Alderman Vos moved and Alderman Girolamo seconded to adopt Resolution No. 70. Roll Call: Ayes: Strong, Prailes, Girolamo, Simenson, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Rauch requested a second reading of Resolution No. 71, A resolution approving a Snow Removal Policy for 2007-2008. Alderman Rauch moved and Alderman Simenson seconded to adopt Resolution No. 71. Roll Call: Ayes: Strong, Prailes, Girolamo, Simenson, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Vos requested a second reading of Resolution No. 72, A resolution approving Contract Change Order Number Two with T.V. John and Sons, Inc. for a reduction of the contract price in the amount of $14,672.35 for the Municipal Well #11 Pump House project. Alderman Vos moved and Alderman Girolamo seconded to adopt Resolution No. 72. Roll Call: Ayes: Strong, Prailes, Girolamo, Simenson, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Strong requested a second reading of Resolution No. 74, A resolution approving Contract Change Order Number Three with Wanasek Corporation for an increase in the contract price in the amount of $10,384.06 for the 2007 Street and Sidewalk Improvement Program. Alderman Strong moved and Alderman Simenson seconded to adopt Resolution No. 74. Roll Call: Ayes: Strong, Prailes, Girolamo, Simenson, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Rauch requested a second reading of Resolution No. 82, A resolution authorizing acceptance execution of an Offer to Sell for the purchase of the Sawall Trust property for land required for the Wastewater Treatment Facility. Alderman Rauch moved and Alderman Vos seconded to adopt Resolution No. 82. Roll Call: Ayes: Strong, Prailes, Girolamo, Simenson, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

ORDINANCES

  1. An ordinance amending the Official Traffic Map to add a stop sign on Old Spruce Road at Teut Road.

ORDINANCES ADOPTED

Alderman Vos requested a second reading of Ordinance No. 20, An ordinance amending the Official Traffic Map to add a stop sign on Old Spruce Road at Teut Road. Alderman Vos moved and Alderman Miller seconded to adopt Ordinance No. 20. Roll Call: Ayes: Strong, Prailes, Rauch, Simenson, Girolamo, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

MOTIONS

07-586 A motion to consider approving the booking and payment of 50% to Bartolotta Fireworks Company, Inc. for the fireworks display at Echo Park on July 4, 2008. Alderman Miller moved and Alderman Vos seconded to approve Motion 07-586 as presented. All were in favor and the motion carried.

OTHER MATTERS

Alderman Vos questioned what the status was of the retaining wall by the water tower. Mr. Foht stated that the patching and sealant were completed and is now in good shape.

ADJOURN INTO CLOSED SESSION

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

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 which it is or is likely to become involved.

  • Discussion of the development of 200 Bridge Street.

Alderman Girolamo moved and Alderman Rauch seconded to enter into closed session at 7:43 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 Girolamo moved and Alderman Vos seconded to reconvene into open session at 7:55 p.m. Roll Call: Ayes: Strong, Prailes, Rauch, Simenson, Girolamo, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

ADJOURNMENT

Alderman Strong moved and Alderman Rauch seconded to adjourn the meeting at 7:55 p.m. All were in favor and the motion carried.

Adjourned at 7:55 p.m.
Recording Secretary – Angela M. Hansen

 

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