Acting Chairman Vos called the Plan Commission meeting to order this Tuesday evening at 6:30 p.m. followed by roll call: Commissioners Bob Schulte, John Thate, Bill Milatz, Tom Vos, John Lynch Jr. and Bob Henney. Acting Chairman Vos retained his right to vote during the meeting. Mayor Claude Lois was excused. Also present were City Administrator, David Torgler, Building Inspector, Patrick Scherrer and Patrick Meehan, Meehan & Company, Inc.

Commissioner Thate moved and Commissioner Lynch seconded to approve the minutes of October 10, 2006. All were in favor and the motion carried.

Citizen Comments – None.

Acting Chairman Vos opened the public hearing at 6:32 p.m.

There were no comments.

Commissioner Thate moved and Commissioner Henney seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 6:33 p.m.

Acting Chairman Vos opened the public hearing at 6:34 p.m.

There were no comments.

Commissioner Lynch moved and Commissioner Milatz seconded to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 6:35 p.m.

None.

Acting Chairman Vos opened this issue for discussion.

Concerns were raised regarding whether the parking lot was asphalted and whether there were enough parking stalls for this type of business. Building Inspector, Patrick Scherrer stated that there is existing asphalt, though there are a few rough areas throughout the lot. He also noted that there would be adequate parking for this business.

Commissioner Schulte moved and Commissioner Lynch seconded to approve a Conditional Use Application for 5821 S. Pine Street from Nancy Schvetz, on behalf of ANS Properties, LLC to allow for a retail and gift shop, subject to Patrick Meehan’s October 31, 2006 memo to the Plan Commission as follows:

• The owner's name, architect's and/or engineer's name, and addresses of each noted on the site plan and a revised Site Plan submitted to the City for City staff review.

• The date of the Site Plan noted on the Site Plan and a revised Site Plan submitted to the City for City staff review.

• Existing and proposed topography (if required by the City Engineer).

• The 100-year recurrence interval floodplain noted on the Site Plan and a revised Site Plan submitted to the City for City staff review.

• If new outdoor lighting is to be provided on the subject property, outdoor lighting data must be submitted which indicates the location, type, and illumination level (in footcandles) of all outdoor lighting proposed to illuminate the site. In addition, all new outdoor lighting must meet the requirements of Ordinance No. 1798(2) of the City of Burlington Municipal Code and a Lighting Plan shall be submitted to the City for City staff review.

• The location of all existing and proposed easements (if any) on the site, including utility easements, and all other easements, must be noted on the site plan and a revised Site Plan submitted to the City for City staff review.

• The City Engineer’s review of any City Engineer required stormwater management plans for the property.

All were in favor and the motion carried.

Acting Chairman Vos opened this issue for discussion.

Questions were raised regarding if they were adhering to only allowing 13 pupils at a time as well as whether this Conditional Use would be reviewed at the end of the year. Mr. Meehan stated that the allowance of only 13 pupils at a time was part of the School District original proposal and is part of the conditions in the Conditional Use. Building Inspector, Patrick Scherrer stated that a review would only be done if the Plan Commission requests one.

Mr. Gary Olson, Building and Grounds Supervisor Burlington Area School District, requested that the Plan Commission review this Conditional Use in June, only because that would be the end of any programs that would be ongoing with the project.

Commissioner Milatz moved and Commissioner Henney seconded to approve a Conditional Use Application for 348 Paul Street from the Burlington Area School District to allow for an educational outreach center, subject to an annual review in June, as well as the conditions in Patrick Meehan’s November 10, 2006 memo to the Plan Commission as follows:

• The maximum number of employees at the residential-based public educational outreach center use at any given time must be five (5).

• The maximum number of persons served at the residential-based public educational outreach center use at any given time must be thirteen (13).

• That adequate combined on-site and nearby off-site parking are available to accommodate the proposed use be shown by submittal of a letter from Mr. Ted Waters.

• The hours of operation must be from 7:30 am to 3:00 pm.

All were in favor and the motion carried.

Acting Chairman Vos opened this issue for discussion.

Mr. Hans Zietlow, Director of Real Estate for Kwik Trip, was present at the meeting to answer any questions the commission had. He noted that this Kwik Trip would be a very similar setup to the one currently located on Falcon Ridge Drive. This station would be larger than the other station with the entrance and exit drives also being larger at 40 feet. Administrator Torgler stated that this project would require a rezone, which they have submitted and will be coming back before the Commission in December.

Questions were also raised regarding how the bypass would affect this station. Mr. Zietlow stated that they are working with Kapur and Associates to create the best access and traffic flow for this project.

After further discussion, it was determined that this issue be tabled until December when both the rezone and updated site plan could be reviewed.

Commissioner Thate moved and Commissioner Milatz seconded to table this issue until the December Plan Commission meeting. All were in favor and the motion carried.

Acting Chairman Vos opened this issue for discussion.

Scott Behnke, President of the Burlington Little League, was present at the meeting to answer any questions that the Commission had.

Commissioner Milatz informed the Commission that this issue was presented at the last Park Board meeting and is expected to be voted on at the November 17, 2006 meeting. Administrator Torgler stated that this issue cannot be acted on at tonight’s meeting because this property would need to be rezoned which will come back before the Commission in December.

Mr. Behnke did inform the Commission that these cages would be monitored. Board members would be opening and closing down the cages. The hours they are anticipating are from 9 a.m. – 9 p.m. in the summer months and during the off season they anticipate 9 a.m. – 6 pm. on weekends and 5 – 9 p.m. on the weeknights. He also noted that they would begin construction in February of this year to hopefully be open by this coming spring.

Commissioner Schulte moved and Commissioner Lynch seconded to approve a Site Plan application from the Burlington Little League for property located at 681 Maryland Avenue to allow for the construction of indoor batting cages and storage facility, subject to conditions as stated in both Kapur and Associates November 8, 2006 memo as well as Patrick Meehan’s November 10, 2006 memo to the Plan Commission as follows:

• A base footing or first floor elevation should be established and provided for approval.

• Drainage patterns around the proposed building should be provided.

• More information is required from our Hydrogeologist on the material of the soil substrate.

• There is no curb and gutter around the existing parking in this location curb and gutter may not be required.

• That the subject property be appropriately rezoned into the P-1 Park District to accommodate recreational uses at the subject property following the procedures outlined in Article XII of the City Zoning Ordinance which requires the property owner to first file a rezoning petition with the City and the holding of a public hearing by the Common Council.

• That the subject property is located on a former landfill area and must have methane detectors and venting system installed for the proposed building as well as any other Federal, State, or local code required safety measures adhered to or installed.

• That pursuant to the requirements of Section 315-137(C)(18) of the City Zoning Ordinance, a "Landscape Plan" must be submitted by the applicant to the Zoning Administrator for City review.

• That, if deemed necessary by the City's Engineer, that a grading plan or other indication of proposed topography will be submitted along with a stormwater management plan and calculations.

All were in favor and the motion carried.

Acting Chairman Vos opened this issue for discussion.

Eric Burling, Burlington Area School District, explained to the Commission that this project was brought to him by students and will be completed by the students with teacher supervision.

Commissioner Milatz moved and Commissioner Henney seconded to approve a Site Plan application from the Burlington Area School District for property located at 400 McCanna Parkway to allow for the construction of batting cages and an accessory building.

All were in favor and the motion carried.

Acting Chairman Vos opened this issue for discussion.

Administrator Torgler informed the Commission that this issue needed to be tabled until the December Plan Commission meeting due to the distribution of the wrong version of the ordinance.

Commissioner Thate moved and Commissioner Lynch seconded to table this ordinance until the December Plan Commission meeting. All were in favor and the motion carried.

None.

Commissioner Thate moved and Commissioner Henney seconded to adjourn the meeting at 7:08 p.m. All were in favor and the motion carried.

Adjourned at 7:08 p.m.

Recording Secretary – Angela M. Hansen