CITY OF BURLINGTON – CITY COUNCIL
Minutes
Committee of the Whole
Police Department Courtroom
January 15, 2008, 6:30 p.m.
On this Tuesday evening, Mayor Lois
called the meeting to order at 6:30 p.m. starting with
roll call. Roll Call: Aldermen Robert Prailes, Peter
Girolamo, Steve Rauch, Robert Miller, Katie Simenson,
Thomas Vos and John Thate. Alderman Strong arrived at
6:58 p.m. 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 Utilities Supervisor Dick
Pieters; ; Department of Public Works Utility Manager,
Connie Wilson; Treasurer Bridget Lois; City Engineer Tom
Foht, Kapur and Associates, Inc; Linda Fellenz, Kapur
and Associates, Inc.; Interim City Administrator Mark
Morien; City Administrator Kevin Lahner and Attorney Tom
Kircher.
Citizen Comments – Mr. Joseph
Baker, 372 Lewis Street, City of Burlington, gave a
handout to the Council regarding elections. He
questioned if he could obtain some help from the City
regarding the regulations for the voter registration
process. He felt that the election process should be
audited to include higher security surrounding the
voting areas and more thorough security checks on those
employees and volunteers handling the voting process.
Approval of Minutes – Alderman
Vos moved and Alderman Thate seconded to approve the
minutes of December 18, 2007. All were in favor and the
motion carried.
Discussion regarding the Wastewater
Treatment Plant expansion project – Mayor Lois and
the City Council discussed the progress of the
Wastewater Treatment Plant expansion project, Phase One.
Mr. Frank Tiefert, Applied
Technologies, was present at this evenings meeting to
give an overview of the overall facility improvement
plan, financing for the project, the current and future
rate structure, and the Phase One bidding and rebidding
schedule. Mr. Tiefert explained that the Wastewater
Treatment Plant was built in 1992 and has stayed in good
shape, as well as functioning as it should. Since a
study done in 2005 regarding the plants performance,
however, it was confirmed that an expansion would be
necessary to keep up with the growing demands of the
City. Mr. Tiefert explained that the project would be
broken down into three phases: Phase One, consisting of
construction related services, Phase Two, consisting of
improvements for additional flow capacity, and Phase
Three, consisting of increased BOD (pollutant loading)
capacity improvement.
Mr. Tiefert explained that this
project was put together and bid out last fall with the
bids all coming in much higher than expected. He
explained that they are looking into revising the
project plans for only the necessary items and rebidding
this spring. He also noted that there would be no cost
for the engineering documents to be revised.
Alderman Girolamo questioned how long
the plant will have capacity after the new bid is
fulfilled. Mr. Tiefert stated that it will be until
2027, which could change once they get into Phases Two
and Three and review the parameters for the timeline.
Alderman Vos questioned if the future
loading is based on growth. Mr. Tiefert stated that it
was based on growth and the estimated population figures
that are included the treatment plant study.
Mayor Lois directed Mr. Tiefert to
continue to revise the project for Phase One and get it
ready for bidding in the spring.
Resolution 4201(96) – Mayor Lois
and the City Council gave consideration to a resolution
approving the authorization of fee assessments for
Weights and Measures license holders for July 2006
through June 2007. An ordinance was adopted in 2003
regarding the annual Weights and Measures fee charged to
the City of Burlington by the State of Wisconsin -
Department of Agriculture and Consumer Protection. Any
business subject to these regulations is charged both a
license fee of twenty-five dollars per year and a fee to
recoup the cost of enforcing the regulations. The
ordinance allows the City to recover these fees from the
businesses that require the service.
This issue will move forward to the
February 5, 2008 City Council meeting for consideration.
Resolution 4202(97) – Mayor Lois
and the City Council gave consideration to a resolution
approving the purchase of a Pierce Impel PUC Pumper Fire
Truck from Pierce Manufacturing Company for the
not-to-exceed amount of $390,000.00, including the
prepayment of $350,000.
Fire Chief Dick Lodle explained that
as part of our Equipment Replacement Plan, it has been
determined that the Fire Department is in need of a new
fire truck to replace the 1989 Pumper currently in
service. To maintain State safety regulations, it is
necessary to replace these vehicles as they become
outdated. The final bid for a Pierce Impel PUC Pumper is
$384,934, which was discounted $20,000 by Pierce
Manufacturing Company and falls under what was budgeted.
A prepayment in the amount of $350,000.00 needs to be
made by February 15, 2008 to secure this discount and
begin construction of the vehicle.
Alderman Rauch questioned if the
current pumper was a 20 year pumper. Chief Lodle
explained that the vehicle replacement plan is 20 years
for all pumpers and 30 years for aerials. Alderman Rauch
also questioned what the plans were for the current
pumper. Chief Lodle stated that the current pumper would
be sold and he is currently working on getting the best
price for it.
Chief Lodle also mentioned to the
Council that there was a minor fire at 313 East Market
Street this morning that was contained with no major
damages or injuries.
This issue will moved forward to the
February 5, 2008 City Council meeting for consideration
.
Resolution 4203(98) – Mayor Lois
and the City Council gave consideration to a resolution
approving a Certified Survey Map (CSM) for Commercial
Horizons for property located at 980 Milwaukee Avenue.
The Plan Commission did recommend approval of said CSM
on January 8, 2008, subject to certain technical
considerations identified by Patrick Meehan, City
Planner, in a December 31, 2007 memo and the City
Engineer in a December 31, 2007 memo, per the City’s
adopted land division codes. The site is proposed to be
divided into two parcels to be used as lands for the
Kohls Department Store, along with retail shops and
restaurants.
This issue will move forward the
February 5, 2008 City Council meeting for consideration.
Resolution 4204(99) – Mayor Lois
and the City Council gave consideration to a resolution
approving a Payment in Lieu of Taxes (PILOT) Agreement
with Foxtree Apartments General Partnership and RMF Real
Estate Holding, LLC, for property located at 658 – 666
Foxtree Circle.
Attorney Kircher explained that in
the past the City has entered into agreements to recover
some municipal expenses from non-tax paying entities. He
explained that the City is proposing to consider
entering into an agreement so the City will receive
Payment In Lieu Of Taxes (PILOT) from the owners of real
property located at 658 – 666 Foxtree Circle within the
city limits. This property, to be used for low-income
housing and pursuant to State law is exempt from paying
any local real estate taxes. The property owners,
Foxtree Apartments General Partnership and RMF Real
Estate Holding, LLC, intend to apply for low-income
housing tax credits through WHEDA Eligibility for
payment under the PILOT program can be services such as
public safety, environment, housing, social services and
transportation. In addition, the property owners have
asked that the Local Official Notification Form be
completed, including signature of the Mayor indicating
that the City supports the Development. This support
would be helpful in securing State and Federal
subsidies. Attorney Kircher recommended that the City
Council approve this PILOT Agreement and authorize the
Mayor to sign the Local Official Notification Form.
Attorney Kircher also noted that
prior to this agreement being approved, he would check
the original agreement to be sure that what has been
provided to the City now matches what was negotiated a
year ago.
This issue will move forward the
February 5, 2008 City Council meeting for consideration.
Resolution 4205(100) – Mayor Lois
and the City Council gave consideration to a resolution
approving a Payment in Lieu of Taxes (PILOT) Agreement
between the City of Burlington and Hillcrest Apartments
General Partnership and RMF Real Estate Holding, LLC.
Attorney Kircher explained that the
Hillcrest Apartments General Partnership and RMF Real
Estate Holding, LLC have requested to enter into a PILOT
agreement with the City of Burlington for property
located at 700 Meadow Lane. This property will also to
be used for low-income housing and pursuant to State law
is exempt from paying any local real estate taxes. The
property owners intend to apply for low-income housing
tax credits through WHEDA Eligibility for payment under
the PILOT program can be services such as public safety,
environment, housing, social services and
transportation. In addition, the property owners have
asked that the Local Official Notification Form be
completed, including signature of the Mayor indicating
that the City supports the Development. This support
would be helpful in securing State and Federal
subsidies. Attorney Kircher also recommends that the
City Council approve this PILOT Agreement and authorize
the Mayor to sign the Local Official Notification Form.
This issue will move forward to the
February 5, 2008 City Council meeting for consideration.
Resolution 4206(101) – Mayor Lois
and the City Council gave consideration to a resolution
approving the appointment of Kevin M. Lahner as the City
Administrator.
Following a nation-wide search, in
early November 2007 the Common Council interviewed
several candidates for the City Administrator position.
The Council unanimously selected Kevin Lahner as the
candidate they would like as City Administrator and
extended the job offer to him. Kevin began his
employment
January 1, 2008 and was sworn into
office by Municipal Judge Marvin Daniel at a ceremony
prior to this evening’s meeting.
This issue will move forward to the
January 15, 2008 City Council meeting for consideration.
Resolution 4207(102) – Mayor Lois
and the City Council gave consideration to a resolution
approving a recommendation from the Historic
Preservation Commission (HPC) and Plan Commission for
the City of Burlington to become a Certified Local
Government (CLG) with the Wisconsin Historical Society.
A CLG is any city, village, county or
town that has been certified by Wisconsin’s State
Historic Officer and the Department of the Interior.
Advantages of becoming a CLG are that City will be
eligible for subgrants from the State for CLG
activities, authorization to use the Wisconsin Historic
Building Code for designated historic buildings, and
preparation of nominations to the National Register of
Historic Places. To apply to become a CLG, the City must
submit a letter of request from Mayor Lois and the
Common Council, a copy of the historic preservation plan
and ordinances for the city, a list of the Historic
Preservation Committee members and a list of properties
within the Historic Preservation district.
This issue will move forward to the
February 5, 2008 City Council meeting for consideration.
Ordinance 1854(26) – Mayor Lois
and the City Council gave consideration to an ordinance
approving the creation of a "No Parking Zone" on E.
State Street (STH 11) from Main Street to Browns Lake
Drive (CTH W). Mayor Lois noted that this item would not
be on the Council agenda for action this evening and
apologized for the confusion.
Mayor Lois explained that the Council
recently passed a Jurisdiction Transfer Agreement to
Burlington from the State for this roadway. In part with
this agreement the City has agreed to accept ownership
of the portion of STH 11 from Main Street to Browns Lake
Drive after the Bypass is open to traffic. The
Department of Transportation (D.O.T.) is in the process
of designing the STH 11 reconstruction project and has
recommended resurfacing this section of road from
two-lane to four-lane for safety purposes. In part of
the conversion, it may also be necessary to install
signalization at the intersection of E. State Street and
Browns Lake Drive.
Currently, E. State Street is wide
enough for four lane traffic where no other means of
construction would be needed. To help facilitate traffic
flow for all four lanes, a "No Parking" Zone on either
side of E. State Street is being recommended.
Mr. Todd Campbell, 564 East State
Street, City of Burlington, voiced his concern with this
reconstruction because of the nine families on that
section of Hwy 11 who have to back out of their
driveways and don’t want to cause any traffic problems.
He also expressed his concern with the amount and type
of vehicles that go through the area, their speeds, as
well as the continual switching of lanes.
Alderman Thate stated that he spoke
with City Engineer Tom Foht, Kapur and Associates, Inc.
and was told that from Main Street to Capital Street is
strictly resurfacing and from Capital Street to Wanasek
Corporation would only be reconstructing of the road,
not widening it. He also explained that the island by
CTH W would be repositioned to give equal lanes to both
sides of the road.
Alderman Vos stated that he felt that
parking was not the issue, rather, the speed on the road
is what is posing the biggest concerns and safety
factors.
Alderman Rauch questioned what would
happen during leaf pick up times in this area. Mayor
Lois stated that pick up would remain the same as
before.
Alderman Girolamo questioned if the
loss of the parking was really the issue or if it was
more the expanding to four lanes and the current speed
of the vehicles on the road. Mr. Campbell agreed that
the parking is not as much of the issue as the speed of
the vehicles and the safety factor of the four lanes.
Mr. Mike Solofra, 575 East State
Street, City of Burlington, expressed his desire to keep
the parking on East State Street.
Mr. Foht stated that the reasons that
the D.O.T. is pushing to install four lanes here is
because it reduces the speeding and allows for better
gapping between vehicles. He also noted that the signals
at CTH W will slow traffic with the entire
reconstruction project, providing for safety
enhancement. Mr. Foht informed the Council that D.O.T.
would have preliminary plans ready in May or June of
2008, at which time they would hold an informational
meeting in the City to discuss the aspects of the
project. This meeting is an opportunity for the area
residents to voice there concerns and for the City to
make comments on the design aspects of the project. He
noted that as soon as he is made aware of the meeting he
will inform the Council.
This issue will move forward to the
February 5, 2008 City Council meeting for consideration.
Motion 08-590 – Mayor Lois and
the City Council gave consideration to a motion
authorizing Mayor Lois to prepare a letter on behalf of
the City of Burlington in support of Assembly Bill 584.
Current law prohibits a person from selling alcohol
beverages at retail unless the seller possesses a
license or permit authorizing the sale. A "Class B"
license authorizes the retail sale of intoxicating
liquor for consumption on the licensed premises and,
depending on the type of intoxicating liquor may also
authorize the retail sale of intoxicating liquor for
consumption off the licensed premises, subject to
certain limitations. Current law imposes a quota on the
number of "Class B" licenses that a
municipality may issue depending on
the municipality’s population. Current law provides
quota exceptions for a full−service restaurant that has
a seating capacity of 300 or more persons.
This bill modifies the quota
exception for full−service restaurants. The bill
provides a quota exception for full−service restaurants
regardless of seating capacity, but creates a definition
of "full−service restaurant" that limits the exception
to establishments where meals are prepared, served, and
sold for consumption on the premises and in which the
sale of alcohol beverages accounts for 50 percent or
less of the establishment’s gross receipts. In addition,
a "Class B" license issued under this exception
authorizes the sale of intoxicating liquor only for
consumption on the premises. The bill prohibits a person
holding a "Class B" license, other than one issued under
this exception, from surrendering that license and
applying for a new license under this exception
This issue will move forward to the
January 15, 2008 City Council meeting for consideration.
Motion 08-591 – Mayor Lois and
the City Council gave consideration to a motion
approving an Airport Hangar Lease between the City of
Burlington and Norstech Plastics Equipment, LLC for 1432
Mike Taxiway.
This issue will move forward to the
January 15, 2008 City Council meeting for consideration.
Motion 08-592 – Mayor Lois and
the City Council gave consideration to a motion
approving an Airport Hangar Lease between the City of
Burlington and Michele Buchenot for 1448 Mike Taxiway.
This issue will move forward to the
January 15, 2008 City Council meeting for consideration.
Motion 08-593 – Mayor Lois and
the City Council gave consideration to a motion
approving an Airport Hangar Lease between the City of
Burlington and Steven Busch for 1464 Mike Taxiway.
This issue will move forward to the
January 15, 2008 City Council meeting for consideration.
Motion 08-594 – Mayor Lois and
the City Council gave consideration to a motion
approving an Airport Hangar Lease between the City of
Burlington and Lima Hotel Zulu, LLC for 816 Charlie
Taxiway and said Lease Assignment & Assumption Agreement
to the Fox River State Bank.
This issue will move forward to the
January 15, 2008 City Council meeting for consideration.
Motion 08-595 – Mayor Lois and
the City Council gave consideration to a motion
approving a Septic Field Airport Hangar Lease between
the City of Burlington and Lima Hotel Zulu, LLC for 816
Charlie Taxiway.
This issue will move forward to the
January 15, 2008 City Council meeting for consideration.
Other Matters – None.
Adjourn – Alderman Vos moved and
Alderman Simenson seconded to adjourn. All were in favor
and the motion carried.
Adjourned at 7:20 p.m.
Recording Secretary – Angela M. Hansen
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