On this Tuesday evening, Council President Miller called the meeting to order at 8:30 p.m. starting with roll call. Roll Call: Thomas Vos, Robert Prailes, Peter Girolamo, Steve Rauch, Katie Simenson, Robert Miller, Kent Strong and John Thate. Mayor Lois was excused. Council President Miller retained his right to vote. Also present were: Police Dept. Lieutenant Scot Eisenhauer; Department of Public Works – Streets and Parks Supervisor Larry Gobel; Department of Public Works – Utility Manager Connie Wilson; Treasurer/Budget Officer Bridget Lois; Fire Chief Dick Lodle; Library Director Gayle Falk; City Administrator David Torgler; City Attorney Thomas Kircher and Building Inspector Patrick Scherrer.

Citizen Comments – None.

Chamber of Commerce Representative – No report.

Approval of Minutes –Alderman Vos moved and Alderman Strong seconded to approve the July 3, 2007 minutes. All were in favor and the motion carried.

Letters and Communications – Alderman Vos moved and Alderman Thate seconded to approve Communication A, regarding Mayor Lois’ absence from this evening’s meeting; Communication B, concerning a letter from County Executive William McReynolds regarding his approval of the removal of the STH 142 rail overpass and Communication C, regarding a memo from Administrator Torgler concerning an upgrade to the City’s General Obligation Bond rating. All were in favor and the motion carried.

Alderman Simenson voiced her concern regarding the letter to Mr. Bast from Administrator Torgler concerning the Bike / Pedestrian Path. Administrator Torgler clarified that the City is not using any additional dollars at this time; rather the City is using the CMAQ (Congestion Mitigation, Air Quality Grant) grant money acquired three years ago to begin construction on the bike path along Hwy W. He further explained the three components to the grant including engineering, utilities and cost of construction and clarified that there may be minimal expenses incurred by the City once construction has started. Alderman Simenson also informed the Council that she received several complaints from residents regarding the July 4^th fireworks. She also noted that several residents complained that there were no bathroom facilities for the circus that came to town. Alderman Simenson also informed the Council that she had complaints from neighbors regarding the horrible shape that 301 Edwards Street is in. She explained that there are several cars parked all over the yard and different colored paint all over. Building Inspector Patrick Scherrer noted that the Police Department is checking on the cars in the yard and he would follow up with the paint and general disarray. Alderman Simenson questioned if it would be possible to have some information on the agenda regarding what each communication and report is concerning so that the public is aware of what is going on.

Department of Public Works – Streets and Parks Supervisor Larry Gobel informed the Council that several residents have been calling questioning what work is being done on the state trunk highways. He explained that with the jurisdictional transfers taking place, the State is going through and marking utilities with Diggers Hotline and marking the work that they are going to be doing before the transfer is complete.

Fire Chief Dick Lodle informed the Council that Mr. Henry Jones has been hired as the temporary part-time interim Fire Inspector for approximately 16 hours per week. He explained that Mr. Jones comes to the City with 17 years experience from Mt. Pleasant. He also noted that the Police and Fire Commission is working on hiring a permanent inspector for the City.

Library Director Gayle Falk reminded the Council of the Annual Library Book Sale next week Thursday July 26, 2007 – Saturday July 28, 2007.

Alderman Vos voiced his concern over the letter received from Administrative Services Manager Kim Hardesty concerning the State’s review of the City’s lack of reporting on municipal court issues. He questioned how this situation was going to be rectified. Administrator Torgler stated that he asked the judge to take a look at this issue and determine how the City can better conform to the State laws.

Alderman Girolamo moved and Alderman Rauch seconded to receive and accept reports 1-4. All were in favor and the motion carried. (These reports are on file at City Hall for viewing.)

Alderman Vos moved and Alderman Girolamo seconded to approve pre-paids in the amount of $106,786.36 on July 5, 2007; $13,600.00 on July 6, 2007 and $33,308.46 on July 12, 2007 totaling $153,694.82 and vouchers in the amount of $399,302.62 on July 17, 2007 for a grand total of $552,997.44. There were $101.29 in Reimbursements on July 6, 2007 and Debit Card purchases in the amount of $1,265.63 for DPW; $44.66 for the Fire Dept.; $20.88 for the Police Dept.; $59.88 and 79.84 for the Library and $148.50 for WWTP. Roll Call: Ayes: Strong, Prailes, Simenson, Rauch, Girolamo, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Strong moved and Alderman Girolamo seconded to approve the licenses and permits as presented. All were in favor and the motion carried.

Baker, Matt A.

Bellante, Frank J.

Busch, Julie M.

Daniels, Lorri L.

DeMars, Stephanie M.

Fell, Deborah M.

Gorden, Andrew E.

Kisting, Lynda L.

Kwasniewski, Angelica H.

Larson, Erik M.

Mather, Robin L.

McKusker, Krystal A.

Messick, Lindsay

Rebollar, Pedro

Rynders, Heather L.

1. A public hearing to consider denial of an operator’s license for Deborah Crandall.

Council President Miller opened the public hearing at 8:48 p.m.

Police Dept. Lieutenant Scot Eisenhauer explained the department’s position for denying Ms. Crandall an operator’s license based on three alcohol related convictions on her record. He noted that both of her Burlington convictions that involved selling alcohol to minors were a part of the Police Department’s alcohol compliance checks in the City in conjunction with Focus on Community.

Ms.Crandall expressed her regret for the convictions that she has relating to selling alcohol to minors and pleaded with the Council to give her another chance to work.

Jim Jante, owner of Rice’s Liquor, questioned when the stings for compliance checks are run, as he feels that Ms. Crandall is being checked far more often than his other employees due to the number of hours during the week that she works. Lieutenant Scot Eisenhauer explained that the checks are done in accordance with the volunteers that the Police Department receives. Mr. Jante pleaded with the Council to reinstate Ms. Crandall’s license explaining that she is an asset to his store.

Alderman Prailes questioned how long the Council could deny Ms. Crandall’s license. Attorney Kircher stated that if her license is denied, she would not be able to apply again for one year according to State laws; however the Council has the authority to restrict her application for an operator’s license for any longer period of time.

Alderman Girolamo moved and Alderman Strong seconded to deny the operator’s license for Deborah Crandall for one year and to close the public hearing. All were in favor and the motion carried. The public hearing was closed at 9:08 p.m.

2. A public hearing to consider an ordinance to annex territory and amend the Official Zoning Map by temporarily rezoning property located at 6730 S. Pine Street (Robert Brown) from A-2, General Farming District and Residential District II to Rs-1, Single-Family Residential District.

Council President Miller opened the public hearing at 9:09 p.m.

There were no comments.

Alderman Vos moved and Alderman Strong seconded to close the public hearing. All were in favor and the public hearing was closed at 9:09 p.m.

3. A public hearing to consider an ordinance to annex territory and amend the Official Zoning Map by temporarily rezoning property located at 32435 Yahnke Road (Francis and Helen Schaefer) from A-1, General Farming District I to Rs-1, Single-Family Residential District, Rs-2, Single-Family Residential District, Rm-2, Multi-Family Residential District, P-1, Park District, C-1, Conservancy District and B-1, Neighborhood Business District.

Council President Miller opened the public hearing at 9:10 p.m.

Mr. Joel Jacobsen, 200 Peters Parkway, City of Burlington, expressed his concern with the newly proposed 318 single family home development. He wanted to make sure that the City is looking to control the growth and still continue to receive feedback from the residents. He questioned if there would be any dramatic affect on the Wastewater Treatment Plant or the Public Works Departments because of this new subdivision. Department of Public Works – Utility Manager Connie Wilson explained that the plant currently pumps 2.3 million gallons of water per day with the plant having the capacity to pump 6.1 million per day.

Alderman Vos moved and Alderman Strong seconded to close the public hearing. All were in favor and the public hearing was closed at 9:13 p.m.

25. A Resolution approving an amendment to the City of Burlington’s health care plan.

27. A Resolution naming the Mayor as the Authorized Representative of City of Burlington for the purpose of filing for Recycling Grants to responsible Units and Recycling Efficiency Incentive Grants.

28. A Resolution authorizing the submittal of a State Grant Application for the purpose of conduction a Clean Sweep Program.

30. A Resolution authorizing the sale of $1,500,000 General Obligation Street Improvement Bonds.

32. A Resolution authorizing the PAR Group, LLC to assist in the recruitment process of City Administrator.

Alderman Vos requested a second reading of Resolution No. 25, A Resolution Approving An Amendment To The City Of Burlington’s Health Care Plan. Alderman Vos moved and Alderman Girolamo seconded to adopt Resolution No. 25. Roll Call: Ayes: Strong, Prailes, Simenson, Girolamo, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Strong requested a second reading of Resolution No. 27, A Resolution Naming The Mayor As The Authorized Representative Of City Of Burlington For The Purpose Of Filing For Recycling Grants To Responsible Units And Recycling Efficiency Incentive Grants. Alderman Strong moved and Alderman Girolamo seconded to adopt Resolution No. 27. Roll Call: Ayes: Strong, Prailes, Simenson, Girolamo, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Strong requested a second reading of Resolution No. 28, A Resolution Authorizing The Submittal Of A State Grant Application For The Purpose Of Conducting A Clean Sweep Program. Alderman Strong moved and Alderman Girolamo seconded to adopt Resolution No. 28. Roll Call: Ayes: Strong, Prailes, Simenson, Girolamo, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Vos requested a second reading of Resolution No. 30, A Resolution Authorizing The Sale Of $1,500,000 General Obligation Street Improvement Bonds. Alderman Vos moved and Alderman Strong seconded to adopt Resolution No. 30. Roll Call: Ayes: Strong, Prailes, Simenson, Rauch, Miller, Vos and Thate. Nays: Girolamo. The majority was in favor and the motion carried.

Alderman Strong requested a second reading of Resolution No. 32, A Resolution Authorizing The PAR Group, LLC To Assist In The Recruitment Process Of City Administrator. Alderman Strong moved and Alderman Simenson seconded to adopt Resolution No. 32. Roll Call: Ayes: Strong, Prailes, Simenson, Girolamo, Rauch, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

8. An Ordinance to create Section 35-4(G) of the Code of the City of Burlington regarding nepotism.

Alderman Strong commented that this ordinance is redundant to the State’s already existing ordinance and feels that with the way it is written, it inhibits the rights of individuals.

Alderman Simenson disagreed with Alderman Strong stating that the language in the ordinance is very standard and is used by several other communities. Alderman Simenson noted that had this ordinance been taken more seriously by the Council it could be even more detailed. She again expressed that the City should not be hiring any relatives to any City positions.

Alderman Vos expressed his disapproval of this ordinance stating that it is not needed.

Council President Miller wanted to express his frustration with the number of people that have brought this nepotism issue forward due to Bridget Lois being hired. He noted that Ms. Lois’ hiring was legitimate and she has been an excellent employee.

Alderman Girolamo commented that he still feels that Ms. Lois’ hiring was not legitimate and nepotism was involved when she was hired.

Alderman Simenson requested a second reading of Ordinance No. 8, An ordinance to create Section 35-4(G) of the Code of the City of Burlington regarding nepotism. Alderman Simenson moved and Alderman Girolamo seconded to adopt Ordinance No. 8. Roll Call: Ayes: Simenson and Girolamo. Nays: Strong, Prailes, Rauch, Miller, Vos and Thate. The ordinance was denied.

Alderman Vos moved and Alderman Strong seconded to approve Motions 07-546 – 07-550. All were in favor and the motion carried.

None.

Council President Miller entertained a motion to enter into closed session pursuant to Wisconsin Statutes 19.85(1)(c) and (e): Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. The City Council will consider issues relating to the hiring of an interim City Administrator.

Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. The City Council will consider the acquisition of land for public purposes.

Alderman Strong moved and Alderman Vos seconded to enter into closed session at 9:33 p.m. Roll Call: Ayes: Strong, Prailes, Rauch, Simenson, Girolamo, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Strong moved and Alderman Rauch seconded to reconvene into open session at 10:08 p.m. Roll Call: Ayes: Strong, Prailes, Rauch, Simenson, Girolamo, Miller, Vos and Thate. Nays: None. All were in favor and the motion carried.

Alderman Prailes moved and Alderman Thate seconded to adjourn the meeting at 10:12 p.m. All were in favor and the motion carried

Adjourned at 10:12 p.m.

Recording Secretary – Angela M. Hansen