Common Council - Regular Meeting

Right away.

ready. Right. Ready. I will call this meeting to order. Monday, sorry. Tuesday, May 12th, 2026, the common council meeting. Uh 7 p.m. Can I have a roll call, please? Prisel here. Hill here. Collie here. Stubby here. Clitter here. And Sor here. Cluber. I'm sorry. Okay. Cluber for posterity sake. Everyone present. Thank you. I just want to make sure. Am I unmuted? Yes. Before I get hate mail.

Uh, okay. We will see virtual attendees, which we have none. Number three, let's stand for the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Number four is general public comments, which I have none. Um, moving on to the consent agenda. The consent agenda contains items which staff considers to be routine and have already been discussed and recommended by a committee, board, commission at a previous meeting.

If I may, Yep.

I just wanted to mention that we've added some additional information um to to the um payment of bills. Hopefully, it's not in there. The review of February reconciliations are in there. So for for our auditor, we're going to try to get that information to you guys. Um so that you can see that the bank accounts that you know what the bank has reported matches what our internal accounting system says that we have and those reconciliations. So Debbie had put a little mini memo in there explaining which number should match and provided those. So if you have any questions, please reach out. I wouldn't consider it not to be considered supposed to know that's in there and you'll see those probably at least quarterly.

Perfect. Thank you. No other questions. We're looking for a motion. I'll make a motion to approve the consent agenda. Second. Motion by Terry. Second by Victor. Yep. Um, can I have a roll call, please? Son, I cluber. I study. Hi. Collie. Hi. Hill. Hi. Prisol. I six I

thank you. On to number 11 which is the charter ordinance number 05-26 implementing at large representation older persons throughout the city. The recommendation is to approve the recommendation of the committee of the whole to approve the charter ordinance um 05-26 implementing at large representation older persons throughout the city and published in the Burland Journal starting the 60-day public review and petition period for charter ordinance amendment. Again, we've discussed this several times and was sent on to us from last week. I'll make a motion to adopt charter ordinance 05-26 of the municipal code to institute at large representation of the county council and publish in the rental journal starting the 60-day public review and petition period for a charter or amendment.

Second motion by Sam, second by Missy. Can I have a roll call, please? Prisel I Hill. Collie. Sty. Clever. I sson I 6 I.

Thank you. Number 12 is a resolution number 26-03 resolution authorizing the issuance and establishing parameters for the sale of not to exceed $2 million in a general obligation promise wring. Any questions? Sorry. Go ahead. We had the presentation from uh mayor at the last meeting. Um and since that time uh we had a a call to go through all the declarations and everything that are on council and so if you are accepting I think everything is in order. I'll make a motion to approve resolution 26-03 authorizing the issuance and establishing parameters for the sale of not to exceed 2 million general obligation promisary notes.

I'll second motion by Terry, second by Sam. Another roll call, please. Let me take my note here. Prrisel. Hi, Hill. I Collie Hi, Stubby. I clever. I Senson. I 6 I.

Thank you. Number 13 is the action on annual licenses. Class A and Class B beer. Class A and Class B liquor. Class A liquor cider only. Class C liquor, wine only, cigarette and tobacco and electronic vaping device license. Outdoor activity area permits. amusement and music device licenses and or sidewalk cafe permits for a year July 1, 2026 to June 30th, 2027. Kind of cool to see all the outdoor activity areas being asked for this summer. Um Jesse, are there any new ones to go to?

No. And I am going to defer to our very capable um deputy clerk as she has done a lot of reaching out to all of the applicants to make sure that they had any questions and to make sure that all of the documentation was complete and everything. I believe it's everything is a renewal. Correct. So nothing nothing new. Um but she's been doing a fabulous job because some of these forms um needed a little more attention and detail and so she's helped people get to that point even when there was some push back. So I'm very appreciative of her efforts.

Thank you. Did did Grizzies always have permission to have an outdoor activity area or because I know they're just building that up and and rebuilding that. They always have it as a license though that they could have. Interesting. I'll make a motion to grant the licenses and permits as presented pending. All appropriate approvals are received, all inspections are completed, and all requirements met per the city ordinance and state statutes.

Second motion by Victoria, second by Sam. Roll call, please. Sure. Stubby. Hi. Clever. Hi. Sorenson. Hi. Friswell. Hi. Hill. Hi. Holly. Hi. 6 I.

Thank you. On to number 14 which is the disallow insurance claim. Um and the recommendation is to disallow insurance claim of Sherry Newold um claim number presented. However, there has been several um older persons that have reached out with questions and honestly, this is my first time having to do this, so the first time in fiveish years. Um so, we Jesse and I kind of chatted and just with a little bit more background would be helpful. Um we have talked about moving this to next month's meeting. Um and I think she sent out emails asking for time input. Um and we'll have a a a time where our attorney, Eric Larson, Yes, dribble there. Um where attorney Eric will come and give us a little background on what our the expectations are and what um is being asked of us and the decisions that we're making and then we will go into close session to discuss a little further. So if everybody's okay with that, we're just going to move that to next month.

Okay. Thank you. Yep.

So then we'll move on to number 15, which is resolution 26-04, the declaration of light. The recommendation is to approve resolution 26-04 declaration of flight declaring parcel um as presented to be flighted just so um as you know we've been working on this for quite some time. The forums um offered a generous cost to the city for the property that is next to the parking lot across the street. Um a lot of people actually believe it is a speed park. It's not. It's private property. Um, but the council asked that for due diligence we look into the history and um environmental condition of that lot. And of course, we received a grant from the DNR to do so. They completed a phase one um assessment and found no reps or um recognized recognized environmental conditions there. So, we are not moving forward with phase two because the um DNR has decided that it doesn't make sense to spend funds when it's already been determined by the consultant that there's nothing specific to be looking for. So, um with that being said, due to the history of that parcel still though, I mean, it's along the river. It's had multiple owners. Um there's probably been fill over the years, all of these things. It's been vacant for a number of years. If the city declares that we are taking that parcel for blight removal purposes um we then which is reasonable I believe I mean that's your decision but as shown in our um suggested resolution here then if there in the future is found to be anything environmental we don't think there is right we did the phase one and all of

that but we would have some uh liability now placed upon us for the potential potential cleanup and um investigation because of the process of how that site was taken and the fact that we did the phase one um and and our due diligence there. So my suggestion would be to go ahead and adopt this resolution if you're comfortable and find that appropriate and then to the second item will be discussion of a letter from the DNR but I'll wait for that after after comfortable with the resolution. So, if I'm to understand correctly, the Thank you. If I'm to understand correctly, taking it as a declaration of blighted property gives us some legal protection versus just taking it directly, correct? 100%.

Okay. Yes. I mean, we have to believe it's blighted, of course. But yes, the blighted portion is protecting us from what maybe. Yes. Yep. The declaration And we did ask, you know, we had you check into that phase two, but DNR said we don't need to move on, right? Or they're not willing to move on, right? They, you know, they have limited funds and so other parcels of course can be looked at through that process.

So then if the city ever sold the parcel, it would be a lighted parcel and it would be the responsibility of the buyer to handle that. Well, if the city ever were to sell that parcel, the fact that we have the phase one is an extreme benefit because they can look at that and see what, you know, information was gathered and all of that kind of thing and and find that there were no uh wrecks on the parcel. So, that's a really good thing. I don't believe that that would actually impact a future uh property owner as far as um the lighting. I I apologize. I have to look more closely into that if if that's a a concern at first, but um it I I don't think that that impacts them because they're not a municipality. They wouldn't fall under the same um rules, regulations, liabilities, and stuff that that we would be different as a as a private owner.

Gotcha. I'll make a motion to approve resolution 26-04, declaration of blight, declaring parcel 20600 0680 0 to be blighted. Second motion by second by Victoria and we'll take you a roll call on that one. Prrisville. Hi Hill. Hi Kie. Hi Stubby. Hi Levita. Hi Sorenson. Hi. I'm gonna get it one of these. It's a different variation. She was from New York.

I apologize. Six eyes. Are we doing the second motion? We will. Yes. Separately. Okay.

So um just so the council um hears this one more time. So, my suggestion at this point would be to request from the DNR an actual letter uh a liability clarification letter that would state those things that I just said that because of how it was um declared before it was taken for blame and things that um those liabilities are limited. Now, technically, it's my understanding that if this is all done correctly, we don't have to have a letter. It's supposed to just be there statutoily. However, my personal thoughts here are for $700, it's a really nice thing to have in the file, you know, especially for such a serious Right. Right.

For future serious future. Yeah.

For future. So, I'm asking your um authority to go ahead and um request that letter from the DNR. So, I would send them our um resolution as well as they they're aware of the phase one obviously and all that kind of stuff. And then hopefully within some short period of time we would get that letter back and then the council could make their determination of whether or not they accept the request from the forums. So the application that I've filled out is in there. If they make any questions, concerns or additional information was needed. I'll make a motion to authorize staff to request a liability clarification letter from the DNR regarding parcel 2060068 0 0.

Second motion by Sam, second by Victoria. All in favor say I. I.

Any opposed? Motion carries. Number 17 is the pool request for proposals process. The recommendation is to review the request for proposals RFP for the future of the Burlington Aquatic Center. The full facility reuse proposal document. Jesse, so um we took the document um as we talked about before and just narrowed it down to the one uh proposal request which as we talked about can include anything. It could be to reutilize the pool as a pool or not. It's really whatever anybody wants to to throw out there. It could be uh given to given or sold to a nonprofit, to a for profit, or a service group, you know, whatever. Um we're asking for the kitchen sink. At this point, this version has not gone to the attorney. I want to make sure that this is the version that you guys are comfortable with before we pay for review because last time it got sent back. So I would suggest that um if if you are okay with this u direct me to send it to the attorney and then post it if he doesn't have anything significant and if he does then of course I'll bring that back for you guys.

Exactly. Yeah. But if if you want to hear from him before I post that I do I just as a observation. So you you have the issue date of June 1st. Do you Eric's usually pretty quick about this stuff? He is, but you could say, you know, following his review and then I would, of course, update the document to be June 8th or whatever it needed to be, but quite a while ago when we talked about this and I could be remembering more. I thought you guys wanted this posted for like 90 days to give people because of the length or the scope of the So, I would bump dates out to make that. I just wasn't sure if you were hoping he was going to have it done by then and you were first the first was your proposed date.

We'll send it to him. I have no idea when it's all on his calendar. I'll be honest. Right now is border review time. So, I think some stuff might sneak in front of us for all kinds of communities, which hey, I hope ours doesn't be a problem. So, you know, you never know how busy they are, but he he is very responsive. So, all right. Now, you're looking for a motion for that one. I will make a motion to approve and post the request for proposals for the future of the Berlin Aquatic Center pool facility reuse proposal pending review and approval by the city attorney. Well, okay. So, motion by Victoria to Jamie. Yes.

All in favor say I. I. Any opposed? Motion carries. Um, number 18. Does anybody have anything for old business they'd like to bring out? Anything for old business? Number 19, new business. Anything for new business to request items of new business on the future agendas. If not, we'll move on to number 20. Make a motion to adjurnn. I'll second. Motion by Victoria, second by Sam. All in favor say I. I. Any opposed? Motion carries. Meeting adjourned at 7:19. stop myself from saying would you say any opposed?