CITY OF BURLINGTON - CITY COUNCIL

OFFICIAL PROCEEDINGS

Claude Lois, Mayor

Beverly Gill, City Clerk

Police Department Courtroom

February 20, 2008

On this Wednesday evening, Council President Robert Miller called the meeting to order at 6:52 p.m. starting with roll call. Roll Call: Aldermen Robert Prailes, Peter Girolamo, Steve Rauch, Robert Miller, Katie Simenson, Kent Strong, Thomas Vos and John Thate. Mayor Lois was excused. Council President Miller retained his right to vote. 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; Library Director Gayle Falk; Treasurer Bridget Lois; City Administrator Kevin Lahner; Building Inspector / Zoning Administrator Patrick Scherrer; City Engineer Tom Foht, Kapur and Associates, Inc and Attorney Tom Kircher.

Citizen Comments – None.

Chamber of Commerce Representative – No report.

Approval of Minutes – Alderman Thate moved and Alderman Vos seconded to approve the minutes of February 5, 2008. All were in favor and the motion carried.

Letters and Communications – Alderman Strong moved and Alderman Rauch seconded to approve Communication A, a letter from Mayor Lois regarding his absence from this evenings meeting. All were in favor and the motion carried.

REPORTS BY ALDERMANIC REPRESENTATIVES AND DEPARTMENT HEADS

Alderman Thate questioned how the pothole patching was going throughout the City. Department of Public Works – Streets and Parks Supervisor Larry Gobel stated that his crews are trying to patch as much as possible, but with the extreme cold temperatures the mixture isn’t pliable. He noted that the Street Department would continue to patch as much as possible.

REPORTS

Alderman Strong moved and Alderman Simenson seconded to receive and accept reports 1-2. All were in favor and the motion carried. (These reports are on file at City Hall for viewing.)

1.

Plan Commission

Minutes of January 8, 2008

2.

Committee of the Whole

Minutes of February 5, 2008

PAYMENT OF VOUCHERS

Alderman Vos moved and Alderman Strong seconded to approve pre-paids in the amount of $61,272.18 on February 7, 2008 and $3,406,205.49 on February 14, 2008 totaling $3,467,477.67; vouchers in the amount of $115,992.28 on February 20, 2008 and Reimbursements in the amount of $637.27 on February 15, 2008 for a grand total of $3,584,107.22. 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 Girolamo moved and Alderman Strong seconded to approve the licenses and permits including the one denial. All were in favor and the motion carried.

Licenses Recommended for Approval

Operator’s Licenses

Hallett, Staci L.

Hyden, David S.

Ketterhagen, Jerome E

Licenses Recommended for Denial

Operator’s Licenses

Zaccard, Dale

APPOINTMENTS

None.

PUBLIC HEARINGS

  1. A public hearing to consider amending the Official Zoning Map by rezoning the property located in a portion of the Springbrook Landing Subdivision from Rs-3/PUD, Single-Family Residence District with a Planned Unit Development Overlay to Rd-2/PUD, Two-Family Residence District with a Planned Unit Development Overlay to develop condominiums.

Council President Miller opened the public hearing at 6:57 p.m.

There were no comments.

Alderman Girolamo moved and Alderman Vos seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 6:59 p.m.

RESOLUTIONS INTRODUCED

  1. A resolution to approve the MABAS-Wisconsin, Mutual Aid Box Alarm System Agreement.

  2. A resolution to approve an initial resolution declaring intent to exercise special assessment powers under §66.0703 for reconstruction of sidewalks on streets associated with the 2008 Street Improvement Program and various locations in the city where complaints have been received.

  3. A resolution to approve the purchase of a new unmarked vehicle for the City of Burlington Police Department for the combined total amount of $14,500 plus title and license fees.

  4. A resolution to approve Change Order Number Four with Wanasek Corporation for the 2007 Street and Sidewalk Improvement Program as a credit in the amount of $3691.12.

  5. A resolution to approve the award of a bid for one 2008 Three-Quarter Ton utility truck from Lynch Chevrolet for the not-to-exceed amount of $26,873.40.

RESOLUTIONS ADOPTED

Alderman Vos requested a second reading of Resolution No. 104, A resolution to approve the MABAS-Wisconsin, Mutual Aid Box Alarm System Agreement. Alderman Vos moved and Alderman Rauch seconded to adopt Resolution No. 104. 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. 105, A resolution to approve an initial resolution declaring intent to exercise special assessment powers under §66.0703 for reconstruction of sidewalks on streets associated with the 2008 Street Improvement Program and various locations in the city where complaints have been received. Alderman Vos moved and Alderman Strong seconded to adopt Resolution No. 105. 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. 106, A resolution to approve the purchase of a new unmarked vehicle for the City of Burlington Police Department for the combined total amount of $14,500 plus title and license fees. Alderman Rauch moved and Alderman Simenson seconded to adopt Resolution No. 106. 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. 107, A resolution to approve Change Order Number Four with Wanasek Corporation for the 2007 Street and Sidewalk Improvement Program as a credit in the amount of $3691.12. Alderman Strong moved and Alderman Simenson seconded to adopt Resolution No. 107. Roll Call: Ayes: Strong, Prailes, Girolamo, Simenson, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Girolamo requested a second reading of Resolution No. 108, A resolution to approve the award of a bid for one 2008 Three-Quarter Ton utility truck from Lynch Chevrolet for the not-to-exceed amount of $26,873.40. Alderman Girolamo moved and Alderman Rauch seconded to adopt Resolution No. 108. Roll Call: Ayes: Strong, Prailes, Girolamo, Simenson, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

ORDINANCES INTRODUCED

  1. An ordinance (Substitute Amendment No.1) to create Section 187-13F of the Municipal Code of the City of Burlington, creating regulations for keg registration.

Alderman Thate expressed his difficulty in seeing how this issue would be effective if the message to not drink is not taught at home.

Alderman Girolamo read a statement regarding the necessity of this ordinance in Burlington and the surrounding communities.

Alderman Strong questioned Administrator Lahner regarding Burlington’s fines for underage drinking and selling to minors. Administrator Lahner stated that he is working with Chief Scot Eisenhauer to get together a list of fines and how they compare with other communities prepared for the Council. He noted that the City does rank low on these types of fines. He also noted that the ordinance was revised by removing the driver’s license identification requirement, as well as the sunset date being changed to December 31, 2008.

Alderman Strong also expressed his struggle with this ordinance as he felt that it would take the responsibility off of the adults and put it onto the government and retailers. He clarified that he is not for underage drinking, however he feels that fining those involved would be a more effective policy.

Alderman Girolamo clarified that this ordinance is in no way meant to stop responsible parties from having alcohol, instead it is meant to make those people who buy it for those who are underage held responsible.

Alderman Prailes agreed that something needs to be done to stop underage drinking, but he doesn’t feel that this ordinance would have much effect. His concern with this ordinance is where the regulations start and where they stop.

Alderman Girolamo noted that this ordinance is a start to aid in curbing these issues. He agreed that this ordinance is not perfect, but felt that it would hopefully get the message out that underage drinking is unacceptable and offenders would be punished.

Ms. Mary Ester Schnaubelt, 4311 5th Avenue, Kenosha, works for Focus on Community, which is a non-profit organization that is working with Partners 2 to coordinate a county wide taskforce to get keg registration throughout Racine County.

Chief Eishenhauer stated that this ordinance would be another useful tool to aid the Police Department with the problem of underage drinking.

Alderman Vos questioned the effectiveness of this ordinance due to the fact that some communities have turned a similar ordinance down. He felt that we needed all counties on board in order for this to be effective and not just another law that can be circumvented.

Ms. Rhonda Sullivan, 560 Briody Street, City of Burlington, wanted to lend support to Ms. Schnaubelt and the Partners 2 organization on this issue.

Discussion ensued regarding the keg return procedure and the accountability attached to them.

Mr. David Waltz, 1149 Hidden Creek Lane, City of Burlington, stated that this ordinance seems like a great tool to aid in the fight to stop the underage drinking.

Alderman Strong expressed his concern with adding another layer of responsibility for the retailer. He also stated that he felt uncomfortable with the idea of people’s information being kept track of when they are being responsible.

Ms. Schnaubelt stated that both adults and retailers in the communities need to make healthy choices and be responsible for their actions.

Mr. Jay Askins, 232 Gardner Avenue, City of Burlington, questioned if there was any protection for the citizen who buys a keg if the keg is stolen. He also questioned if the local retailers have been spoken to about this issue being too cumbersome for them. Council President Miller stated that this issue is so new that the retailers have not yet been approached.

ORDINANCE ADOPTED

Alderman Girolamo requested a second reading of Ordinance No. 19, An ordinance (Substitute Amendment No.1) to create Section 187-13F of the Municipal Code of the City of Burlington, creating regulations for keg registration. Alderman Girolamo moved and Alderman Simenson seconded to adopt Resolution No. 19. Roll Call: Ayes: Girolamo, Simenson, Miller, Vos and Rauch. Nays: Strong, Prailes and Thate. The majority was in favor and the motion carried.

MOTIONS

08-598

A motion to approve an Airport Lease between the City of Burlington and Glen & Rebecca Feltham at 1480 Mike Taxiway. Alderman Strong moved and Alderman Girolamo seconded to approve Motion 08-598. All were in favor and the motion carried.

08-599

A motion to approve an Airport Lease between the City of Burlington and Mark G. Wessels at 1496 Mike Taxiway. Alderman Strong moved and Alderman Vos seconded to approve Motion 08-599. All were in favor and the motion carried.

08-600

A motion to approve an Airport Lease between the City of Burlington and Hartwig Management Group, LLC at 1500 Mike Taxiway. Alderman Girolamo moved and Alderman Simeson seconded to approve Motion 08-600. All were in favor and the motion carried.

08-601

A motion to approve the Veteran’s Memorial Day Parade for Monday, May 26, 2008 beginning at 9:00 a.m. Alderman Girolamo moved and Alderman Strong seconded to approve Motion 08-601. All were in favor and the motion carried.

OTHER MATTERS

Council President Miller asked that Chief Eishenhauer track the keg issue until December and then bring the findings back before the Council to discuss further.

ADJOURNMENT

Alderman Strong moved and Alderman Girolamo seconded to adjourn the meeting at 7:45 p.m. All were in favor and the motion carried.

Adjourned at 7:45 p.m.
Recording Secretary – Angela M. Hansen

 

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