On this Tuesday evening, Mayor Lois called the meeting to order at 5:30 p.m. starting with roll call. Roll Call: Thomas Vos, Steve Rauch, Peter Girolamo, Katie Simenson, Robert Miller, Kent Strong and John Thate. Alderman Robert Prailes was absent. Also present were: Police Chief David Walsh; Police Dept. Lieutenant Scot Eisenhauer; Department of Public Works – Streets and Parks Supervisor Larry Gobel; Department of Public Works – Utility Manager Connie Wilson; Budget Officer Bridget Lois; Fire Chief Dick Lodle; Library Director Gayle Falk; City Attorney Thomas Kircher and Building Inspector Patrick Scherrer.

Review the conduct of Council – Mayor Lois and the City Council reviewed the conduct of the Council, committee and commission meetings and various laws and codes regarding lawful and ethical issues facing members of the Common Council.

Attorney Kircher discussed the "open meetings" law in Wisconsin. He explained that it is found in the Wisconsin State Statutes 19.81 – 19.98 and applies to all governmental bodies (i.e. Plan Commission, CDA, etc.). Attorney Kircher further explained that six out of the eight Council members constitutes a quorum. However if three or four Council members were together discussing municipal business that could be considered a meeting which would have to be noticed. Another issue under the open meetings law is the conference call or serial calling which is when calls are made to various individuals on a board or Council to discuss issues. If at any time a collaborative effort to reach a decision on an issue prior to an open meeting there could be an issue under the open meetings law. When a municipal body has an open meeting there are requirements, including: a reasonably accessible location; a 24 hour notice prior to a meeting unless there is an emergency situation and proper publication in the local paper and posting in the appropriate locations.

Alderman Girolamo questioned how the alderman can dictate what they would like to see put on the agenda and what can be done when it has been discussed and not been put on an agenda. Attorney Kircher stated that it should be referred to the appropriate party during the meeting and made known during the meeting that it is something that the Council wants to see on a future agenda for discussion. Alderman Girolamo also questioned if the agendas and notices for these meetings could be posted in any better way and more accessible to the public. Attorney Kircher stated that the State Statute only requires 24 hours notice to post any agenda or notice for a public meeting. He also noted that the Council can be more restrictive than the statute; however be aware that by doing that it would increase the burden on the administration getting an agenda together.

Attorney Kircher then discussed the issue of closed session. He explained that everything that the Council discusses must be in open session except items that are carved out in the state statute 19.85. Once a meeting is in closed session, only discussion pertinent to the issue can be discussed and any records from the closed session cannot be obtained until the situation is settled. Alderman Simenson questioned why the aldermen are not always advised of what is in a closed session. She noted that sometimes a packet with information is included with the agenda regarding closed session; however, sometimes there is nothing included which leaves everyone with no idea of what is going on. Attorney Kircher understood Alderman Simeson’s concern but stated that sometimes it is impossible to provide any information about a subject prior to its discussion in closed session due to its confidential nature.

Alderman Girolamo questioned what the roll of the Council President was. Attorney Kircher stated that the basic roll of the Council President is to be a stand in for the mayor if he were to be absent or unavailable to chair a meeting.

Alderman Prailes arrived at 6:17 p.m.

Citizens Comments – Alderman Simenson expressed her concern over how fast a number of the items on the agenda are moving. She stated that she has felt that it is very hard to gather enough information to make an informed decision in such a short period of time. Administrator Torgler explained the items that were moving forward from the Committee of the Whole to the Council this evening as well as the reasons why. Alderman Simenson also questioned if there could be more information on the agendas regarding each issue and if the City could look into posting the agendas on the internet or emailing them to the public by request. She also expressed her desire for the City to have a high-quality study regarding the true impact of developments on the City taxpayers.

Approval of Minutes – Alderman Vos moved and Alderman Girolamo seconded to approve the minutes of June 5, 2007. All were in favor and the motion carried.

Resolution 4127(22) – Mayor Lois and the Council gave consideration to a resolution approving a letter of agreement between the City of Burlington and the Racine County Economic Development Corporation (RCEDC). At the May 15, 2007 Committee of the Whole meeting, a presentation was given by Gordy Kacala from RCEDC regarding the services provided by the RCEDC to the City and the annual contract between the City and RCEDC to provide these economic development services. As in previous years, the cost of the RCEDC assistance for 2007 is divided into two components. First, for economic and community development assistance, the cost is $40,000 which is included in the 2007 budget and paid in quarterly payments. Second, the cost for administration of the City’s revolving loan funds to local businesses is $14,809.26, which is based on ten percent of the incoming loan payments and may change should additional loans be approved by the City Council. This issue will move forward to the June 19, 2007 City Council meeting for consideration.

Resolution 4125(20) – Mayor Lois and the Council gave consideration to a resolution approving the purchase of a computer server for the not-to-exceed price of $14,503. Police Chief David Walsh explained to the Council that the "old" Police Department computer server is being utilized as the exchange server for the City. Due to State laws regarding Open Record retention, the current server is not able to continue to store all of the data being retained. A server upgrade has not occurred since approximately 2001, whereas with recent technology changes, a new exchange server will be able to comply with the City’s needs. The cost of the exchange server is $14,503 and is within the 2008 Budget under the Equipment Replacement Fund. Fortunately due to lower costs the amount presently reserved for this purchase in the ERF is sufficient to fund the purchase in 2007. This issue will move forward July 3, 2007 City Council meeting for consideration.

Resolution 4129 (24) – Mayor Lois and the City Council gave consideration to a Joint Resolution requesting removal of Highway 142 Overpass. In an effort to eliminate the overpass on STH 142 next to the Gateway campus and to allow a second entry point to McCanna Parkway, the Town of Burlington has requested that the City pass a joint resolution urging the State DOT to take down the overpass. At the Town Board meeting on June 14, 2007, the joint resolution was discussed and passed. The school board and Gateway officials are also on board with the project so long as it does not cost them any money. If the joint resolution is passed by the City, the next step would be to gain approval from the Department of Transportation and the Department of Natural Resource. The DNR may object to the removal of the overpass structure however since the overpass is a separated grade road crossing over the abandoned railroad line that has been converted for the State’s Rails-to-Trails program. This issue will move forward to the June 19, 2007 City Council meeting for consideration.

Amended Resolution 4112(7) – Mayor Lois and the City Council gave consideration to an amended resolution accepting a unanimous petition for direct annexation of the Francis and Helen Schaefer property at 32435 Yahnke Road in the Town of Burlington, Racine County, Wisconsin. The original resolution accepting the petition for direct annexation contained a clause indicating that, if the land is annexed, the City would pay a portion of the taxes pursuant to Wis. Stat. s. 66.0217(14). Because the City and the Town entered into a Revenue Sharing Agreement as part of the City-Town Agreement, and the Revenue Sharing Agreement was made applicable to all annexations to the City during the term of the agreement, that Revenue Sharing Agreement overrides the statutory provisions. In the amended resolution, the clause referencing the City’s payments to the Town has been amended to reflect the terms of the Revenue Sharing Agreement. This issue will move forward to the June 19, 2007 City Council meeting for consideration.

Amended Resolution 4113(8) – Mayor Lois and the City Council gave consideration to an amended resolution accepting a unanimous petition for direct annexation of the Robert E. Brown property at 6730 S. Pine Street in the Town of Burlington, Racine County, Wisconsin. The clause referencing the City’s payments to the Town has been amended to reflect the terms of the Revenue Sharing Agreement. This issue will move forward to the June 19, 2007 City Council meeting for consideration.

Resolution 4128(23) – Mayor Lois and the City Council gave consideration to a resolution approving a Certified Survey Map for property located a 588 Milwaukee Avenue, the location of the Veterans Memorial Building and Echo Lake Park. The Veteran’s and Park sites were assembled from several original platted lots, so this CSM will clean up the lot lines by combining several separate parcels of land into one parcel of land, and will expand the Veteran’s lot by creating proposed Lot 1. Proposed Lot 1 is to be about one acre in area and will allow for the future expansion of the Veterans Memorial Building. This issue will move forward to the July 3, 2007 City Council meeting for consideration.

Ordinance 1834(7) – Mayor Lois and the City Council gave consideration to an ordinance amending the Official Zoning Map by rezoning 588 Milwaukee Avenue from P-1, Park District to I-1, Institutional District. Alderman Simenson voiced her concern over there being no proposed parking plan at this time. She stated that she felt that the Veteran’s need to let the City know how the parking situation is going to be before they go much further with their project. Mayor Lois stated that usually for this type of facility the area would have valet parking or there are several areas around the City that could be used for parking if needed. Attorney Kircher informed the Council that the original deed from 1959 that gave the City land to the Veteran’s would be updated to include language that states that the land would revert back to the City if the operation were to cease there or if the project doesn’t proceed according to plans. This issue will move forward to the July 3, 2007 City Council meeting for consideration.

Motion 07-543 – Mayor Lois and the City Council gave consideration to a Certificate of Appropriateness Application for 256 E. Chestnut Street to approve grinding and tuck pointing the north wall of the building as well as the back wall and alley wall as needed, as presented in the RCEDC memo dated June 4, 2007. This issue will move forward to the June 19, 2007 City Council meeting for consideration.

Motion 07-544 – Mayor Lois and the City Council gave consideration to a Certificate of Appropriateness Application for 557 N. Pine Street to approve the addition of an awning with scallops, painting the doors and window trim and replace the transom glass with glass if possible, as presented in the RCEDC memo dated June 4, 2007. This issue will move forward to the June 19, 2007 City Council meeting for consideration.

Discussion regarding the Council meeting scheduled for July 3, 2007 – Mayor Lois and the City Council discussed the attendance of the Council members for the

July 3, 2007 Council meeting. Alderman Rauch stated that he would be out of town for this meeting. Administrator Torgler requested that he supply the City with written notification that he would be absent.

Adjourn – Alderman Vos moved and Alderman Miller seconded to adjourn. All were in favor and the motion carried.

Adjourned at 6:53 p.m.

Recording Secretary – Angela M. Hansen