On this Tuesday evening, Council President Robert Miller called the meeting to order at 6:30 p.m. starting with roll call. Roll Call: Robert Prailes, Peter Girolamo, Steve Rauch, Katie Simenson, Robert Miller, Kent Strong and John Thate. Mayor Claude Lois was excused and Alderman Vos was absent. 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; Department of Public Works Utilities Supervisor Dick Pieters; Budget Officer / Treasurer Bridget Lois; Fire Chief Dick Lodle; Library Director Gayle Falk; Building Inspector / Zoning Administrator Patrick Scherrer; City Engineer Tom Foht of Kapur and Associates, Inc; Interim City Administrator Mark Morien; and City Attorney Thomas Kircher.

Citizen Comments – None.

Alderman Vos arrived at 6:32 p.m.

Approval of Minutes – Alderman Strong moved and Alderman Thate seconded to approve the minutes of August 21, 2007. All were in favor and the motion carried.

Resolution 4150(45) – Council President Miller and the City Council gave consideration to a resolution accepting the public water main at the Burlington Crossing Development and reduction of the bond. Attorney Kircher informed the Council that the watermain for this development has been installed since 2005 but acceptance of it has been delayed until the City received the as builts. Council President Miller noted that the developer must repair any defects that may occur in the year following acceptance of the water main, with the City of Burlington operating and providing maintenance there after. This issue will move forward to the September 4, 2007 City Council meeting for consideration.

Resolution 4151(46) – Council President Miller and the City Council gave consideration to a resolution regarding the possible expansion of the Wastewater Treatment Facility and potential land acquisition. Both the City Council and the Plan Commission have discussed the need to expand the Wastewater Treatment Facility and the possible consolidation of certain municipal services at this facility. The site is not large enough to accommodate for expansion of the facility and the addition of other buildings.

Therefore, a Relocation Order is required by Wisconsin State Statutes as part of the process in acquiring the additional land needed for the expansion. This issue will move forward to the September 4, 2007 City Council meeting for consideration.

Resolution 4152(47) – Council President Miller and the City Council gave consideration to a resolution extending the deadline required by the The Glen at Stonegate Subdivision Developers Agreement to complete public improvements. Council President Miller informed the Council that the developer is requesting a one-year extension until October 1, 2008, to install sidewalks and December 1, 2008 to plant the street trees. He further explained that the developer is submitting this request because not all of the lots are sold (17 lots remain vacant), and the trees and sidewalks would likely be damaged or destroyed if they are put in before home construction on the lots begin.

Commissioner Thate questioned whether the letter of credit for The Glen at Stonegate had recently been reduced. Attorney Kircher confirmed that one of the letters of credit for this development had been reduced recently; however this issue is under a separate letter of credit. Commissioner Thate also questioned whether there have been any sidewalks and street trees installed in the subdivision. Council President Miller explained that sidewalk has been installed by the homes that are built (13 lots have sidewalks installed and three sections of sidewalks are under construction) and some of the street trees have been planted by these homes as well.

Several aldermen questioned if the City was under any obligation to maintain the weeds that are covering several of the lots. Council President Miller explained that several of the remaining lots are privately owned so the weeds are the responsibility of the owner not the developer or the City; however, if noxious weeds on these lots become an issue the City will step in.

Alderman Simenson questioned if a lot is sold in the subdivision how long does the owner have to install sidewalk. Attorney Kircher explained that the sidewalk goes within the public right-of-way which must be installed and has nothing to do with a sale of a lot. He stated that it is the developer’s responsibility is to make sure that the sidewalks are installed by either insisting that the buyer install it, or covering the costs themselves. This issue will move forward to the September 18, 2007 City Council meeting for consideration.

Resolution 4155(50) – Council President Miller and the City Council gave consideration to a resolution approving a one-year agreement for special council related property sales/acquisitions (RE: the expansion of the Wastewater Treatment Plant and the Burlington Manufacturing and Office Park) to Michael, Best and Friedrich, LLP. Services to include, but not limited to, negotiations, preparation of legal documentation and facilitation of transactions. Alderman Rauch questioned if there would be any mileage reimbursement included in this agreement. Council President Miller stated that there would not be. This issue will move forward to the September 18, 2007 City Council meeting for consideration.

Resolution 4156(51) – Council President Miller and the City Council gave consideration to a resolution approving participation in the Racine County Multi-Jurisdictional Comprehensive Plan Public Participation Plan, as requested by the Southeastern Wisconsin Regional Planning Commission (SEWRPC), in partnership with other Racine County municipalities. Racine County, through SEWRPC, is conducting this comprehensive planning effort county-wide. The County was fortunate to obtain a grant, so there is no cost to Burlington for this project. Essentially, this project will gather all of the various planning documents and maps for Burlington and put them together in one complete report with colored maps for ease of use. The City will also be able to comment on uses for the 1.5 mile area around the City of Burlington. This was recently discussed at a Council meeting in terms of being able to comment on planning projects for extraterritorial reviews. If the City and the Town differ on the uses that are proposed in the 1.5 mile range, there will be two maps in the report: 1) City of Burlington proposed uses and 2) Town of Burlington uses. The City can amend the Comprehensive Plan at any point in the future by way of an ordinance. Furthermore, SEWRPC would like a member of the City Council or Plan Commission to be named as a Delegate and one named as an Alternate Delegate to the Multi-Jurisdictional Advisory Committee. These delegates would participate in the development of the County-wide Comprehensive Plan (meetings are the 3^rd Thursday of the month beginning at 6:30 p.m.).

Alderman Simenson stated that she would like to be a delegate or alternate to the Multi-Jurisdictional Advisory Committee, and participate in the development of the County-wide Comprehensive Plan. She commented on her interest in the entire process. Alderman Girolamo commented that he would also like to be a delegate on this committee. This issue will move forward to the September 18, 2007 City Council meeting for consideration.

Resolution 4157(52) – Council President Miller and the City Council gave consideration to a resolution authorizing the City to borrow $1.5 Million by issuing General Obligation Refunding Bonds pursuant Wisconsin §67.04 and authorizing the sale of the bonds. On July 17, 2007 the City awarded the sale of $1,500,000 General Obligation Street Improvement Bonds to Robert W. Baird & Co. with a true interest rate of 4.2944%. However, the sale was not completed due to a publication error. Now on September 4, 2007 the City’s intentions are to award Robert W. Baird & Co. the sale of $1,500,000 General Obligation Refunding Bonds with a true interest rate of 4.3828%. While the interest rate received for the refunding bond is still less than the initial estimate in February, the rate is more than the best bid received in July. The City will be paying $12,503 more in interest as a result of the new bid. This issue will move forward to the September 4, 2007 City Council meeting for consideration.

Resolution 4158(53) – Council President Miller and the City Council gave consideration to a resolution approving a contract for legal services with Hostak, Henzl & Bichler, S.C. in relation to the development of the Village and Town of Rochester Boundary Agreements, utilizing Elaine Ekes of Hostak, Henzl & Bichler, S.C. who has done extensive work with Boundary Agreements. Attorney Tom Kircher pointed out his conflict in representing the City of Burlington in these negotiations because of past work with Rochester. Council President Miller explained that in order for the Village and Town of Rochester to move forward with their merge, they must have Boundary Agreements in place with their surrounding neighbors. This issue will move forward to the September 18, 2007 City Council meeting for consideration.

Resolution 4144(39) – Council President Miller and the City Council gave consideration to a resolution approving the purchase of a Montana R2844 hydrostatic tractor/loader to be used for the Wastewater Treatment Plant for the price of $16,499. This is a multi-functional piece of equipment is to be used at both the WWTP and Department of Public Works. Council President Miller explained there is a need for this equipment at the WWTP for the unloading of semi trucks as well as some additional mowing in the Burlington Manufacturing and Office Park (BMOP) that has been assigned to the WWTP.

Alderman Simenson questioned if the mower attachment was included in the price of the equipment. Department of Public Works Utility Manager Connie Wilson stated that the mower attachment is not included in the purchase price and would cost an additional $1500 (approximately).

Alderman Strong wanted to confirm that this item was not recognized as a need in last year’s budget. Ms. Wilson agreed that this item was not budgeted for last year; however she noted that the additional mowing duties in the Burlington Manufacturing and Office Park arose in the spring of 2007, after the budget was completed.

Department of Public Works Utilities Supervisor Dick Pieters commented that this new piece of equipment would be used by the WWTP in place of constantly borrowing the skidster from the DPW. Department of Public Works – Streets and Parks Supervisor Larry Gobel, confirmed the need for this equipment for the WWTP due to the fact that the DPW has found several more uses for the skidster. It also creates an interruption to DPW jobs in progress when the WWTP needs to borrow the skidster to unload a truck.

Alderman Vos voiced is concern over the weight of the equipment and questioned how easy it was to hook up the counter weight. He also questioned if the multi-use piece of equipment was the right direction to go in or if a forklift would suit the needs of the department. Mr. Pieters explained that the weight of the equipment should not be an issue and by purchasing this multi-use piece of equipment both money and time would be saved in the long run.

Alderman Simenson questioned why the WWTP was mowing more and when was this determined. Ms. Wilson explained that former City Administrator Torgler sat down with both the WWTP and DPW in early spring and asked if the WWTP would be willing to take on some of the mowing for the DPW in exchange for them mowing some of the WWTP sites.

This issue will move forward to the September 4, 2007 City Council meeting for consideration.

Resolution 4159(54) – Council President Miller and the City Council gave consideration to a resolution approving the City’s participation in the construction of a pavilion at Devor Park, and awarding the bid for construction to Bob Riggs Construction, Inc. for the amount of $14,329. Alderman Prailes has been working with the Park Board for the past several years concerning the construction of a pavilion at Devor Park. The funds raised has been partially successful, however, the Park Board would like to use some funds from the City Park Fund to complete the project. The total project cost is $19,929 which includes the amount of $5,600 that the public works is providing for labor and materials. Three local service clubs (Kiwanis, Lions and Rotary) are contributing $3,000 each payable in annual installments over the next three years. The Jaycees have indicated a willingness to contribute, but no dollar amount has been set. The City Park Fund would be charged a maximum amount of $10,929 to complete the pavilion project after the funds are reimbursed by the service groups. This issue will move forward to the September 4, 2007 City Council meeting for consideration.

Motion 07-563 – Council President Miller and the City Council gave consideration to a motion accepting an Airport Hangar Lease between the City of Burlington and Denise Wright, located at 932 Alfa Taxiway, for a term of 29 years.

Alderman Girolamo questioned if the dollar amount being charged was correct as he felt that it was a low amount for one year. Council President Miller stated that the amount charged is based on the $0.95 per square foot amount which is charged strictly for land. He noted that this hangar owner would also receive a personal property tax bill for this hangar as well.

Alderman Vos commented that the issue of jet engine revving at the airport needed to be addressed by the Airport Committee, as he has had comments from surrounding neighbors.

This issue will move forward to the September 4, 2007 City Council meeting for consideration.

Motion 07-564 – Council President Miller and the City Council gave consideration to a motion granting approval to hold the Annual Christmas Parade on Friday,

December 7, 2007 stepping off at 6:30 p.m.

Alderman Prailes volunteered to acquire the transportation for the aldermen for the parade this year. This issue will move forward to the September 18, 2007 City Council meeting for consideration.

Motion 07-565 – Council President Miller and the City Council gave consideration to a motion accepting a Certificate of Appropriateness recommendation from the Historic Preservation Commission for 597 N. Pine Street to replace seven deteriorated stucco panels on the building’s façade. This issue will move forward to the September 4, 2007 City Council meeting for consideration.

Motion 07-566 – Council President Miller and the City Council gave consideration to a motion accepting a Certificate of Appropriateness recommendation from the Historic Preservation Commission for 121 W. Chestnut Street replace two windows on the building’s façade.

Alderman Simenson questioned if the replacement windows are the same as what are being put in several other area businesses in the historic district, because she feels that they are not really historic at all. Alderman Strong, aldermanic representative to the HPC, stated that as far as the "historical" look is concerned, the Commission approaches it with that in mind, but also what the overall taste for the historic district should be.

Ms. Judith Schulz, 433 Milwaukee Avenue, commented that the HPC was formed in order to preserve the historic district of the City.

This issue will move forward to the September 4, 2007 City Council meeting for consideration.

Motion 07-567 – Council President Miller and the City Council gave consideration to a motion accepting a Certificate of Appropriateness recommendation from the Historic Preservation Commission for 148 W. Chestnut Street to do masonry patching and tuck-pointing to the building’s façade. This issue will move forward to the September 4, 2007 City Council meeting for consideration.

Other Matters – None.

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

Adjourned at 7:16 p.m.
Recording Secretary – Angela M. Hansen