On this Tuesday evening, Mayor Lois called the meeting to order at 6:30 p.m. starting with roll call. Roll Call: Robert Prailes, Peter Girolamo, Steve Rauch, Robert Miller, Kent Strong, Thomas Vos and John Thate. Alderman Katie Simenson was excused. Also present were: Police Chief Scot Eisenhauer; Department of Public Works – Streets and Parks Supervisor Larry Gobel; Fire Chief Dick Lodle; Library Director Gayle Falk; Budget Officer / Treasurer Bridget Lois; City Engineer Tom Foht, Kapur and Associates, Inc; Interim City Administrator Mark Morien and City Attorney Thomas Kircher.

Citizen Comments – None.

Approval of Minutes – Alderman Vos moved and Alderman Girolamo seconded to approve the minutes of November 6, 2007 & November 13, 2007. All were in favor and the motion carried.

Resolution 4175(70) – Mayor Lois and the City Council gave consideration to a resolution approving an amendment to the City’s Health Care Plan by clarifying the City’s BESTFLEX Plan and HSA Plan. The plan now clarifies that employees enrolled in both the HSA and BESTFLEX Plan will be able to use their Flexible Spending Account only for dental and vision care. For those not jointly enrolled, the BESTFLEX Plan and the HSA will be available for all other eligible medical expenses and other benefits, as stated in the individual plan documents.

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

Resolution 4176(71) – Mayor Lois and the City Council gave consideration to a resolution approving a Snow Removal Policy for 2007 – 2008. The purpose of the policy is to provide a uniform basis for applying our resources, and for clarifying our level of service for residents. This policy outlines an effective approach to provide the highest level of snow and ice control for our residents, and is mindful of our limited budgetary resources.

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

Resolution 4177(72) – Mayor Lois and the City Council gave consideration to a resolution approving Contract Change Order Number Two for a reduction of the contract price in the amount of $14,672.35 for the Municipal Well #11 Pump House project. As construction proceeded on the pump house building for Well #11, it was determined that several items were not needed as originally planned for in the original contract. Contract Change Order One was approved at the November 6, 2007 Council meeting as a credit to the original contract price. Much like Change Order One, three other items were not needed, including additional site grading, an exhaust fan timer for the chlorine room and in-ground light fixtures around the reservoir tank which has resulted in a credit of $14,672.35 to the original contract price.

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

Resolution 4179(74) – Mayor Lois and the City Council gave consideration to a resolution approving Contract Change Order Number Three for an increase in the contract price in the amount of $10,384.06 for the 2007 Street and Sidewalk Improvement Program. As the 2007 Street and Sidewalk Improvement Program progressed, a number of unknown underground items were discovered. These included additional storm sewer, sanitary sewer and water system modifications. To properly connect the underground utility systems and continue to provide service to property owners these changes were required. The final contract amount will still be under budget in all funds, however, the recent roadwork on the ChocolateFest grounds will still need to be accounted for.

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

Ordinance 1847(20) – Mayor Lois and the City Council gave consideration to an ordinance amending the Official Traffic Map to add a stop sign on Old Spruce Road at Teut Road. The underground improvements for the 2^nd phase of construction at the Glen at Stonegate subdivision were completed late last year. The first lift of asphalt (binder) on the streets was put in place this past summer. The intersection of Old Spruce Rd. and Teut Rd. is currently open to traffic. After reviewing traffic control at this intersection with Police Chief Eisenhauer, it is recommended that a stop sign be placed on Old Spruce Rd., at its intersection with Teut Rd. This would aid in controlling the traffic exiting the subdivision onto Teut Rd.

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

Discussion regarding the City Compost Site – Mayor Lois and the Council discussed a plan to apply changes to the City Compost Site.

Due to recent abuse to the City’s compost drop site off on Maryland Avenue, a committee was formed to create a solution to prevent illegal dumping and to allow residents to continue to enjoy this service. From discussions, a plan was formed to include moving the drop off bins 200 feet back and incorporate with the existing berm, create limited hours for dumping, hire part-time staff to monitor the site and check residency and charge contractors / landscapers a fee per use to off-set costs.

Mayor Lois commended Aldermen Vos and Girolamo, Department of Public Works – Streets and Parks Supervisor Larry Gobel and Attorney Kircher on their excellent start in better organizing the City Compost Site.

Alderman Rauch questioned how residency was going to be determined. Mr. Gobel stated that residency would be determined by viewing the user’s driver’s license. Alderman Girolamo further noted that any non-residents would be turned away directly, unless they are construction businesses who would likely be billed by an invoice based on the size of their load.

Alderman Strong suggested that instead of invoicing the construction businesses, could they be given a prepaid punch card that would allow for easier drop off and accounting for the City. Alderman Girolamo stated that he would look into that as an option. Alderman Vos noted that whatever system is put in place for the Compost Site it will be a work in progress to see how much people will use the site.

Alderman Miller voiced his concern with using a driver’s license to be allowed into the site. He stated that several residents of Lyons, Rochester and the Town of Burlington would also have a Burlington address on their licenses. Alderman Girolamo noted that whoever would be monitoring the site would have a list of non City of Burlington addresses so that non residents would not be allowed.

It was noted that this issue would continue to be pursued with any new information and progress to be presented to the Council as it arises.

Motion 07-584 – Mayor Lois and the City Council gave consideration to a motion allowing Baseball 2000 to install a new scoreboard at Beaumont Park. At the November 15, 2007 Park Board meeting, the members discussed a proposal to install a new scoreboard at Beaumont Park. UW-Whitewater has offered to sell Baseball 2000 their old scoreboard, which would meet Burlington’s needs. It was asked whether the new sign would be a replacement for the old sign or an addition to it. Alderman Prailes noted that the old sign would be moved to left center to allow for the new sign.

This issue will move forward to the November 20, 2007 City Council meeting for consideration.

Resolution 4180(75) – Mayor Lois and the City Council gave consideration to a resolution approving a Tax Increment District (TID) Number Three Development Agreement between the City of Burlington and PBJC Tires Investors, LLC. The Wegge land located at 980 Milwaukee Avenue, which PBJC Tires Investors, LLC intends to purchase,　is located in TID No. 3, and incentives are available for development in TID No. 3 under the Project Plan.　 This Agreement formalizes the incentive being offered to the Developer for development of the site for　retail projects, which will result in the enhancement of the tax base and creation of new jobs in the City.

Alderman Girolamo questioned who exactly this PBJC company was. Attorney Kircher noted that PBJC is a viable LLC, although another LLC may take title to the land when this sale is complete. Mayor Lois noted that companies tend to create an LLC for each project that they work on. Alderman Girolamo also questioned if the "up to two million dollars" noted in the agreement would be just for the Kohl’s building or for the entire development. Attorney Kircher clarified that amount would be for the entire project.

This issue will move forward to the November 20, 2007 City Council meeting for consideration.

Resolution 4181(76) – Mayor Lois and the City Council gave consideration to a resolution approving an Option to Purchase Land Agreement from the City of Burlington. PBJC Tires Investors, LLC, intends to purchase the Wegge property, located at 980 Milwaukee Avenue, for development of a retail project that will include a Kohl’s Department Store. Because of the size and shape of the site, the Developers may need additional land to accommodate additional users, but does not know at this time that the land will be required. They wish to be assured that the land, if required, will be available, and has submitted an Option to Purchase up to three acres of City land adjacent to the Wegge land. The option price is $500. If the option is not exercised, the price is not refundable. If the option is exercised, the $500 will be applied to the purchase price.

This issue will move forward to the November 20, 2007 City Council meeting for consideration.

Discussion regarding a potential Municipal Code revision – Mayor Lois and the Council discussed a potential revision to the City of Burlington Municipal Code, Section 315-130.1, "Additional standards and requirements for specific conditional uses" in reference to building exceeding 60,000 square feet.

Mayor Lois stated that the developers of the Kohl’s site have made a request to change the City’s code from 60,000 to 70,000 square feet. Mayor Lois reminded the Council that back when Wal-Mart came to the City, a conditional use was created which stated that any building over 60,000 square feet would be required to have a conditional use permit. This C.U.P involved a bond to remove the building if it sat empty for four years. Attorney Kircher noted that the 60,000 square foot number was an arbitrary number only. He further noted that a building of this size would be much more likely to be able to be reused than one the size of Wal-Mart or Menards, which is why the bond was required for those buildings. He stated that the developers of the Kohl’s site are asking to be removed from the category that requires the bonding and conditional use permit.

Discussion ensued regarding whether the square footage number was high enough and if the number should be changed at all. Attorney Kircher stated that that the code should be changed to 80,000 square feet.

The Council agreed with that number and Mayor Lois stated that this issue would be brought back for further discussion at the December 4, 2007 Committee of the Whole meeting.

Motion 07-585 – Mayor Lois and the City Council gave consideration to a motion to consider approving the relocation of the City Dog Park to a designated area south of St. Mary’s Park off of Calumet Street. In response to the Council’s direction at the November 6, 2007 Common Council meeting, the Park Board discussed relocating the City Dog Park at their November 15, 2007 meeting. The Park Board approved a motion to relocate the Dog Park to a designated area south of St. Mary’s Park, off of Calumet Street. The section of property contains a total area of approximately seven acres, with about four to five acres to be fenced at this time. The fence from the current Dog Park off of Maryland Avenue will be able to be transferred to the Calumet Street location. As funding becomes available, a more permanent fence can be installed over the entire seven acres.

This issue will move forward to the November 20, 2007 City Council meeting for consideration.

Ordinance 1849(22) – Mayor Lois and the City Council gave consideration to an ordinance to amend Sections 104-8 and 234-2B of the Code of the City of Burlington to allow dogs in designated parks. Through analysis and discussions regarding relocating the City Dog Park to the area south of St. Mary’s Park, it has been determined that an amendment is needed to the City Code to allow dogs in designated parks. This ordinance will allow dogs only in City parks that have been designated by the Common Council as "dog parks". Any non-designated parks will retain the same code procedures as presently in place.

This issue will move forward to the November 20, 2007 City Council meeting for consideration.

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

Adjourned at 6:54 p.m.

Recording Secretary – Angela M. Hansen