On this Tuesday evening, Council President Miller called the meeting to order at 6:30 p.m. starting with roll call. Roll Call: Thomas Vos, Robert Prailes, Peter Girolamo, Steve Rauch, Katie Simenson, Robert Miller, Kent Strong and John Thate. Mayor Lois was excused. Council President Miller retained his right to vote. Also present were: Police Dept. Lieutenant Scot Eisenhauer; Department of Public Works – Streets and Parks Supervisor Larry Gobel; Department of Public Works – Utility Manager Connie Wilson; Treasurer/Budget Officer Bridget Lois; Fire Chief Dick Lodle; Library Director Gayle Falk; City Administrator David Torgler; City Attorney Thomas Kircher and Building Inspector Patrick Scherrer.

Citizen Comments – None.

Approval of Minutes – Alderman Girolamo moved and Alderman Strong seconded to approve the minutes of July 3, 2007. All were in favor and the motion carried.

Resolution 4135(30) – Council President Miller and the Council gave consideration to a resolution authorizing the sale of $1,500,000 General Obligation Street Improvement Bonds. Acting Chairman Miller informed the Council that the City has received an A to A+ bond rating which he credited to the hard work of both the Council and City Administrator David Torgler and Budget Officer / Treasurer Bridget Lois. Mr. Dave Wagner, Ehlers and Associates, was also in attendance at this evening’s meeting to present this issue. Mr. Wagner explained that bids were received today for the street improvement bonds with bids coming in between 1.29 % to 4.43 % true interest cost (compare to an annual percentage rate). He also explained how the bonds were being managed and the direction the community was going in with the current bonds. He also noted that the bond rating represents an unbiased third party assessment of the City’s strong and improving financial management and the underline financial help. He further noted that the City’s improved bond rating reflects that the TIF districts are performing better than expected. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Consideration of a moratorium on multi-family housing – Council President Miller and the Council discussed the issue of a moratorium on multi-family housing in the City of Burlington.

Alderman Girolamo explained that he felt the need for a moratorium for future multi-unit developments for several reasons including allowing the City to grow with jobs not just developments. He also explained that the City cannot support more families due to the lack of reasonable paying jobs currently available in the community. He further explained that over the last five years, three subdivisions have been started with a total of 267 plots for sale to build single family homes on. Alderman Girolamo noted that approximately 18% of those homes have been built and only 13% of those built have sold which still leaves approximately 219 sites still available to in the City to build on. He added that the City currently has 160 homes on the market which is twice the number of homes on the market than our normal average of 85. In addition, Alderman Girolamo expressed the need for a six month moratorium at which time this issue could be reviewed again to see if the City is able to handle another subdivision.

Alderman Vos expressed his opposing view to this moratorium due to the fact that after Shiloh Hills and several other subdivisions were constructed in the City, there was never an increase on the City departments, the water and wastewater departments never expressed any issues with the additional homes nor did the rates increase. He further noted that after several years as a member of the Council he did not recall a time when there was a huge outcry to the Council that the new subdivisions coming in were causing the City to head in the wrong direction. Alderman Vos felt that over the years the City and the Council have always been committed to residential and industrial growth in the City. He felt that if this moratorium is made effective, it is going to put a "road block" up in the City and show the general public that Burlington is not interested in growth.

Alderman Girolamo stated that the Shiloh Hills subdivision and others are products of the past and were constructed in a better economy all around. He felt that if the current subdivisions are still needed they could wait six months to a year to construct in order to keep the rest of the City’s existing housing sales flowing smoothly.

Alderman Strong expressed that he was not for a moratorium; however, he did feel that an analysis of the current housing and business ratio in Burlington and the future housing and business needs is appropriate.

Alderman Simenson also expressed that she was not for a moratorium although she is still concerned with the current developments and the new pending development and it impact on the City.

Alderman Prailes informed the Council that he recently went out and spoke to 53 people in his district and gave them the information regarding the newly proposed annexation and subdivision and asked them how he should vote. He stated that out of those, 33 people wanted the subdivision, 11 did not and 9 were undecided.

Mr. Royce DeBow, Governmental Affairs Director, Southeastern Wisconsin
Wisconsin REALTORS Association, 754 Geneva National North, Lake Geneva, stated that he too was not in favor of a moratorium especially after seeing it in other communities being used as a sort of "band-aid" for a larger issue. He also noted that with a little extra housing in the City it could create competition for buyers which could in turn push the prices of homes down, then allowing more first time home buyers into homes faster than they would without the added development. He agreed with the other aldermen’s concerns regarding lack of jobs for the added number of people but noted that those people are here paying taxes and utilizing and contributing to the City in other aspects.

Mr. Robert Spitzer, 361 Pickett Court, City of Burlington, stated that he was against the moratorium because he felt that it is invading citizens’ rights. He also noted that he respected the City and its officials for making the City what it is today.

Mr. David Krause, President of LDV (Lynch Display Vans) 106 Terrace Drive, Lake Geneva, explained that LDV is a division of the Burlington based Lynch companies which employs 225 people with the main Lynch company employing around 375 people. There are very few of these employees that make minimum wage with most holding professional titles and salaries. He further explained that their products are sold worldwide so they could locate their businesses in any community; however the reason LDV is located in Burlington after 30 years is due to the labor force. He too was against the moratorium based on the way the City’s workforce has developed and the increase in the residential and commercial community.

Discussion of development of new residential development – Council President Miller and the Council discussed the fiscal impact of new residential development on City residents.

Alderman Simenson informed the Council that she researched other communities including Franklin and Caledonia, regarding impact fees for new developments and found that Burlington’s are on the low side. She voiced her concern that studies have shown that when there is new residential development there is an increase in taxes. She also noted that she spoke with Ehlers and Associates whose company does impact fee studies and could determine if Burlington is charging enough.

Mr. Dave Wagner, Ehlers and Associates, stated that the City had to be careful when determining the fees so not to be priced out of the market. He also noted that there have been some changes to the impact laws. He explained that the money collected must be spent within seven years and the City must keep track of the money and interest collected. If the money is not spent within the seven year period, the City must rebate the money back to the properties that need it.

Several aldermen felt that the impact study was a good idea. Council President Miller stated that this issue should be brought forward to the 2008 Strategic Planning session for further discussion and direction. The Council agreed that this issue should be discussed further at strategic planning.

Mr. Joe Busch, Bear Realty, 1021 Cooperhawk Drive, City of Burlington stated that the impact fees are a tax that gets passed on to the end user and is not paid for by the developer. He felt that the impact fees should only be what the City feels they need based on each development. Administrator Torgler explained to the Council which impact fees are collected from a developer such as signalization fees and infrastructure improvements.

Ms. Hedda Patzke, 124 West Highland Avenue, City of Burlington informed the Council that she is not against development but is against rash development. She feels that when some of the new developments come forward, the City needs to carefully examine if they are to take care of the future needs of the community, not just the current development.

Discussion regarding closed session notification – Council President Miller and the Council discussed the closed session notification and other City business that is presented on Common Council agendas. Acting Chairman Miller noted that the Council agenda this evening reflected a more in depth description of why the Council was adjourning into closed session.

Alderman Simenson noted that the lack of information regarding closed session on previous agendas was not explaining enough of the issues at hand not only for the aldermen who were to potentially vote on the issues but also for the public who could be affected by actions taken out of the closed session.

Ordinance 1836(9) – Council President Miller and the Council gave consideration to an ordinance annexing territory located at 6730 S. Pine Street (Brown) to the City of Burlington, Wisconsin. This direct annexation petition for the Brown property is comprised of approximately 1.7 acres of residential land located immediately north of the Burlington Manufacturing and Office Park (BMOP). The property owner seeks to continue living there at the present time, but also seeks for the property to be developed in the future in a manner conforming to the City’s adopted Land Use Plan. This issue will move forward to the July 17, 2007 City Council meeting for a public hearing and to the August 7, 2007 City Council meeting for consideration.

Ordinance 1837(10) – Council President Miller and the Council gave consideration to an ordinance annexing territory located at 32435 Yahnke Road to the City of Burlington, Wisconsin. This direct annexation petition for annexation is for the Schaefer property and is comprised of approximately 180 acres of farm land located immediately west and north of the BMOP to be developed as a residential subdivision and to conform to the City’s adopted Land Use Plan.

Mr. Mike Doble, Development Consultant with Landcraft Survey, gave a brief presentation of the plan for this development. He informed the Council that the only frontage that the Schaefer property currently has is on Yahnke Road so the most logical access would be Hwy 83. He explained that the north end of the property would be park area and the south area that is currently heavily wooded would have possibly 16 units and they would try to maintain some of the trees. He noted that they would be screening this development from the BMOP as well as making sure that the developments next to each other are appropriate. He also noted that in total there would be approximately 320 units on 212 acres which makes this a very low density development because of the amount of parks and open space that is being preserved.

Administrator Torgler added that the City owned property is proposed to be purchased by the developer which will keep this annexation process smoother. He also noted that the City has spoken with the Southeastern Wisconsin Regional Planning Commission (SEWRPC) regarding this plan, as the City owned land is in the Environmental Corridor, and they stated that this development matches their desire to have the commercial / industrial developments along Hwy 83 and that the remainder of the land would be preserved in conservancy districts.

Alderman Strong voiced his concern that the City not acquire the maintenance of any more park land. He questioned if the maintenance responsibility for this parkland could be given to the homeowners association for this development.

Alderman Girolamo questioned if the front area of land that is being purchased from the City could be developed. Attorney Kircher stated that it could not be developed because of a deed restriction placed on this property.

Alderman Rauch questioned if there was an emergency entrance / exit. Mr. Doble stated that the Yahnke Road cul de sac as well as the Schaefer driveway would be the alternate access for the development at this time.

Alderman Girolamo questioned if there would be signalization for this development on Hwy 83. Administrator Torgler noted that it was not anticipated at this time.

Alderman Simenson expressed her desire for a bike path to be located on the easement area to Yahnke Road.

Mr. Doble wanted to clarify with the Council that this is a very large scale project and could take between ten to twelve years to develop the property. He stated that actual infrastructure improvements would not begin until mid-summer of 2008 with the first homes not coming in until 2009.

Alderman Rauch questioned if there was a plan to put in a sidewalk extension for this area. Administrator Torgler confirmed that the sidewalk extension to this area is in the Bicycle / Pedestrian Plan; however the City has to allocate funds for this section of sidewalk to be done. This issue will move forward to the July 17, 2007 City Council meeting for a public hearing and to the August 7, 2007 City Council meeting for consideration.

Resolution 4136(31) – Council President Miller and the City Council gave consideration to a resolution supporting libraries in Racine County. The State of Wisconsin requires that all public libraries must serve all residents of the State at the same level of service they serve their own residents. The State further requires Counties to reimburse municipalities a minimum of 70% of the costs to provide service. Racine County provides less than 100% reimbursement, but more than the required minimum. It is recommended that individual municipalities communicate to their County Board before the budget is calculated and express the need to financially support our libraries for services and to relieve the amount municipalities fund to provide residents and non-residents superior service. This issue will move forward to the August 7, 2007 City Council meeting for consideration.

Resolution 4138(33) – Council President Miller and the City Council gave consideration to a resolution approving a Jurisdictional Transfer Agreement between the Wisconsin Department of Transportation and Racine County and City of Burlington. The Wisconsin D.O.T., Racine County and the City of Burlington have met to discuss ownership of STH 36/83 from CTH W to the ramps of the Burlington Bypass. The D.O.T. has created an agreement to transfer jurisdiction of this stretch of roadway to Racine County after state completion of resurfacing STH 36/83 from Teut Road to STH 20. The county will take jurisdiction on the first November 15^th after work is completed. If the city annexes this territory in the future, the county will then transfer jurisdiction to the city. This issue will move forward to the August 7, 2007 City Council meeting for consideration.

Resolution 4139(34) – Council President Miller and the City Council gave consideration to a resolution approving a Jurisdictional Transfer Agreement between the Wisconsin Department of Transportation and City of Burlington. As part of the revised Southeastern Wisconsin Regional Transportation Plan; 2020, connecting highways including part of STH 11, part of STH 36/83 and part of CTH P will transfer jurisdiction from the State of Wisconsin to the City of Burlington once the bypass is completed. Connecting highways are local roads with State designation. This agreement will strip away the state designation and give the city full responsibility. As part of this agreement, the State will finish with repairs and reconstruction of these areas before a transfer occurs. This issue will move forward to the August 7, 2007 City Council meeting for consideration.

Resolution 4140(35) – Council President Miller and the City Council gave consideration to a resolution approving a Connecting Highway Change Agreement between the Wisconsin Department of Transportation and City of Burlington. Previously the State of Wisconsin agreed to construct the bypass project subject to the City agreeing to the transfer of maintenance responsibility for STH 11, STH 36, STH 83 and STH 142 all lying within the City. This resolution provides for the changes to the existing Connecting Highway Agreements to accomplish this obligation of the State and City. This issue will move forward to the August 7, 2007 City Council meeting for consideration.

Resolution 4137(32) – Council President Miller and the City Council gave consideration to a resolution authorizing the PAR Group, LLC to assist in the recruitment process of City Administrator. Sharon Morien, representative with the PAR Group, LLC explained that their company has successfully completed numerous executive, public sector recruitments throughout the Midwest. She noted that their proposal submitted for review tonight, states that the PAR Group, LLC would be in a position to recommend candidates to the Council for personal interview consideration within 60 days following approval of the Recruitment Profile. This proposal and services would total $14,500 plus reimbursable expenses. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Resolution 4133(28) – Council President Miller and the City Council gave consideration to a resolution authorizing the submittal of a State Grant Application for the purpose of conducting a Clean Sweep Program. Department of Public Works – Streets and Parks Supervisor Larry Gobel explained that Veolia Environmental Services is one of three qualified companies with the state to run this program. He noted that the last time the City had a clean sweep was back in the early 1990’s. He explained that the maximum grant amount for this program is $14,000 with the City matching 25% of that grant with time and labor. He also figured that by charging a $5.00 fee per car would recoup some of the fees that the City would incur. He further noted that he would be looking at budgeting for this in the 2008 budget and having the program in the Spring of 2008. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-546 – Council President Miller and the City Council gave consideration to a recommendation from the Historic Preservation Commission (HPC) to approve a Certificate of Appropriateness Amendment for property located at 124 & 136 East Chestnut Street to allow for an extension of completion date to extend down the piers on both sides of the bulkhead and construct a poured concrete curbing for the wooden bulkhead to rest on. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-547 – Council President Miller and the City Council gave consideration to a recommendation from the Historic Preservation Commission (HPC) to approve a Certificate of Appropriateness for property located at 464-468 N. Pine Street to allow for the repair and repaint of the cornice at the top of the building, repair the third floor windows, replace the second floor glazing with three new windows an infill brick and paint the lower level bulkheads, door siding and transom. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-548 – Council President Miller and the City Council gave consideration to a recommendation from the Historic Preservation Commission (HPC) to approve a Sign Permit Application for property located at 241 E. Chestnut Street to allow for the installation of fascia sign. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-549 – Council President Miller and the City Council gave consideration to a recommendation from the Historic Preservation Commission (HPC) to approve Certificate of Appropriateness for property located at 160 E. Chestnut Street to allow for the repainting of the façade of the building in Roycroft Copper Red and Birdseye Maple. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-550 – Council President Miller and the City Council gave consideration to a recommendation from the Historic Preservation Commission (HPC) to approve a Sign Permit Application for property located at 160 E. Chestnut Street to allow for the installation of a sign for Hammes’ Tobacco Emporium. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-551 – Council President Miller and the City Council gave consideration to a recommendation from the Historic Preservation Commission (HPC) to approve Certificate of Appropriateness for property located at 173 E. Chestnut Street to allow for the renovation of the front of the building by removing a sign, canopy, side windows on the 2^nd floor, storefront windows, aluminum door, marble bulkheads and windows on the 2^nd and 3^rd floor to replace with new windows and trim, new wood door, wood panels for bulkheads and tuckpoint where needed. And the renovation in the back of the building will include the removal of the deck and roof at the 2^nd floor, timber at the top of 3^rd floor and replacement of existing doors, windows, gutters, new deck, stairs and railings. Also block in existing door on 3^rd floor and repour concrete for deck and rear entry door.

Alderman Prailes excused himself from any discussion regarding this issue.

This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-552 – Council President Miller and the City Council gave consideration to approve a request from Heather Melchione to have a block party which would close Orchard Street from S. Kendrick Street to Oakland Avenue on Saturday, July 21, 2007 from 10:00 a.m. to 10:00 p.m. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-553 – Council President Miller and the City Council gave consideration to a request from the Chamber of Commerce to hold their annual street dance on August 16, 2007 using Perkins Blvd., between Washington Street and Jefferson Street, including the Perkins Blvd. parking lot and a portion of Washington Street. The event starts at 5:00 p.m. and will close by 11:00 p.m. Four Chamber member restaurants will be selling a variety of food and a local service club will be selling beer. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-554 – Council President Miller and the City Council gave consideration to a request from Lisa Kendall to have a block party which would close Origen Street from Amanda Street to Elmwood Avenue on Saturday, August 11, 2007 from 2:00 p.m. to 10:00 p.m. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Motion 07-555 – Council President Miller and the City Council gave consideration to a request from Denise Skrundz to have a block party which would close Kings Court on Saturday, August 18, 2007 from 5:00 p.m. to 11:00 p.m. This issue will move forward to the July 17, 2007 City Council meeting for consideration.

Other Matters – None.

Adjourn – Alderman Vos moved and Alderman Girolamo seconded to adjourn. All were in favor and the motion carried.

Adjourned at 8:26 p.m.

Recording Secretary – Angela M. Hansen