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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