On this Tuesday evening, Council President Robert Miller called the meeting to order at 6:30 p.m. starting with roll call. Roll Call: Robert Prailes, Peter Girolamo, Steve Rauch, Katie Simenson, Robert Miller, Kent Strong, Thomas Vos and John Thate. Mayor Lois was excused. Council President Robert Miller retained his right to vote. Also present were: Police Chief Scot Eisenhauer; Department of Public Works Utilities Supervisor Dick Pieters, Fire Chief Dick Lodle, Library Director Gayle Falk, Building Inspector / Zoning Administrator Patrick Scherrer, Budget Officer / Treasurer Bridget Lois, Interim City Administrator Mark Morien and City Attorney Thomas Kircher.

Citizen Comments – Mr. Jay Askins, 272 Gardner Avenue, City of Burlington, informed the Council that he had the pleasure of attending the event introducing the final four candidates for the new City Administrator position. He noted that all of the candidates seemed very qualified for the position with two of them having an excellent grasp on development for our community. Council President Miller noted that two finalists have been chosen of all the candidates with an offer being extended to one.

Approval of Minutes – Alderman Vos moved and Alderman Girolamo seconded to approve the minutes of October 16, 2007. All were in favor and the motion carried.

Discussion regarding the City Dog Park – Council President Miller informed the Council that the City, in conjunction with the group representing the dog park, has been looking into moving the dog park to St. Mary’s Park. Council President Miller agreed that the park should be moved, however, St. Mary’s Park would require more fencing to close it off. Council President Miller stated that the dog park committee had the idea of doing a fundraiser which would involve selling signs to be displayed on the fence. This would help raise the money necessary to purchase better fencing and help maintain the park. He further explained that after review by the City accountant’s, there are issues with the dog park committee putting any signage on the fences of the park, as it is a City park. He noted that the Council needed to discuss the idea of the City contracting with this group to aid in the management of the park.

Alderman Girolamo reminded the Council that when the dog park was first started it was agreed that the location and overall use of the park would be evaluated in one year. He expressed his concern of why this was overlooked and wanted this to be in writing for the next time, regardless of where the park is located, so that it receives adequate attention from the appropriate parties. Attorney Kircher stated that a contract with a private group to run the park has never been considered due to the fact that it would raise liability issue for the City. He further explained that if a private party wants to do a fundraiser or make a donation to the City, they could do so by bringing forward a proposal of what they would like the money spent on so that it could be approved by the Council.

Alderman Vos voiced his concern with the consideration of moving the dog park to St. Mary’s Park. He felt that the Park Board needed to be involved, as several things would need to be addressed with St. Mary’s Park, including the fact that when the park was donated to the City it was to be used specifically for park land only. Attorney Kircher noted that should not be problem as a dog park falls within the parameters of what the City considers a park area. He also noted that if the Council would decide that moving the dog park is a good idea, then the proposal should go the Park Board for their input and approval.

Alderman Girolamo expressed his need for the dog park being moved to St. Mary’s Park. He stated that in its current location. the dog park would be temporarily closed at the time of ChocolateFest every year. He also expressed that it lacks convenient parking and there is more work for the City Street Department to put up and take down fencing every year.

Alderman Simenson agreed with moving the dog park and noted that the dog park is a very nice place and is kept very clean.

Alderman Prailes stated that he felt that no one was against moving the dog park rather felt that it needed to involve the Park Board.

Council President Miller asked if the Council was in agreement with this issue being discussed further with the Park Board. The Council was in agreement.

Alderman Vos wanted it clarified to the Park Board that the Council needs a definite plan of how they want the park utilized.

Resolution 4172(67) – Council President Miller and the City Council gave consideration to a resolution regarding the adoption of the Proposed 2008 City Budget. This issue will move forward to the November 6, 2007 City Council meeting for a public hearing and to the November 20, 2007 City Council meeting for consideration.

Resolution 4173(68) – Council President Miller and the City Council gave consideration to a resolution regarding an amendment to the City’s health care plan. The City’s health care plan administrator, Cypress Benefit Administration, noted an inconsistency in our Master Plan in that employee spouses would be covered in one section, but not another. Specifically, the issue involved deceased employees and their spouses. This amendment clarifies that retired employee’s spouses are eligible to continue coverage with the City even after the death of the retired employee.

This issue will move forward to the November 20, 2007 City Council meeting for consideration.

Resolution 4174(69) – Council President Miller and the City Council gave consideration to a resolution regarding the award of the bid for one front end loader for the Department of Public Works to Miller Bradford and Risberg, Inc. for the not-to-exceed amount of $135,000.00.

Council President Miller asked that this issue be tabled until the November 20, 2007 Committee of the Whole, due to the fact that Department of Public Works Streets and Parks Supervisor Larry Gobel was not present at this evening’s meeting. He further noted that as this is a large purchase, he would prefer to hold this issue until the new Administrator comes in.

Alderman Thate questioned if more information could be put on the bids, such as the brand of equipment that is being purchased. Interim Administrator Mark Morien, agreed that more information needed to be stated on the bids and informed the Council that he had asked for more information on the current piece of equipment (i.e. age, how many hours of use on it, etc.). Council President Miller questioned if the Council could look more into consolidating equipment between various City entities to save money instead purchasing new.

This issue will be tabled to a future Committee of the Whole meeting when the new city administrator is in office.

Ordinance 1844(17) – Council President Miller and the City Council gave consideration to an ordinance regarding revising Section 227-7 of the Municipal Code, Abatement of Public Nuisances.

Attorney Kircher explained that after reviewing our ordinance regarding the abatement of public nuisances, it was noted that the City does not provide an opportunity for the party to appeal the abatement order. This ordinance clarifies the emergency nuisance abatement procedures, and　provides for an appeal　in cases where　the removal of a nuisance is not an emergency.　　

This issue will move forward to the November 20, 2007 City Council meeting for consideration.

Ordinance 1845(18) – Council President Miller and the City Council gave consideration to an ordinance amending the Official Traffic Map to add a public right-of-way and a 15 MPH speed limit in the Grove Street Easement. In March of 2007, an easement was created on the ChocolateFest grounds, adjacent to the Walgreens lot to allow for residents of the Maryland Avenue and Congress Street neighborhood access to and from Milwaukee Avenue. Upon review, it has been discovered the Resolution 4099(87), approving this easement, did not determine a set speed limit, whereas this section of land is being treated as private property. It was noted that this road would be closed to traffic during the ChocolateFest activities.

Alderman Simenson questioned if there had been any further discussion regarding changing the drastic slope of the driveway at the signaled entrance of Walgreens. Interim Administrator Morien stated that this issue was discussed and it was discovered that the City should have advised Walgreens to taper the sidewalk when the development first started. He explained that because there was no prior acknowledgement of this issue to the developer of Walgreens, there is no recourse for the City at this time.

Attorney Kircher questioned if the right-of-way was to be extended from Milwaukee Avenue all the way to the ChocolateFest grounds. Council President Miller clarified that the part of the roadway that connects to the Walgreens parking lot would remain private roadway, and the City would maintain an easement to allow traffic to go through. He further noted that the public right-of-way section of this road would be on a portion of the ChocolateFest grounds parking lot.

Alderman Vos questioned if the City’s liability was only for the actual area that is on the old landfill. Attorney Kircher stated that the City’s liability would extend over the use of the easement area.

Alderman Thate questioned how the 15 mph speed limit was determined for this road. Police Chief Scot Eisenhauer stated that due to the curvatures in the road, 15 mph was adequate.

This issue will move forward to the November 20, 2007 City Council meeting for consideration.

Motion 07-579 – Council President Miller and the City Council gave consideration to a motion accepting a Certificate of Appropriateness recommendation from the Historic Preservation Commission for 556 and 560 N. Pine Street to replace the awning, windows, front door and install windows under the awning and refinish the existing steel columns and brick.

This issue will move forward to the November 6, 2007 City Council meeting for consideration.

Motion 07-580 – Council President Miller and the City Council gave consideration to a motion accepting a Certificate of Appropriateness recommendation from the Historic Preservation Commission for 300 N. Pine Street to remove two air conditioning units and fill the holes with matching brick. When the budget allows, the City will consider installing windows in the bricked-up portions of the building.

Alderman Prailes expressed his concerns regarding the waste of time and money the City is paying to have the windows bricked, and if the brick could be torn out in the future to install new windows. He understood the budgeting issues that the City faces, but questioned if he install the windows now and waive the labor fees to save time and money on this project. Budget Officer / Treasurer Bridget Lois explained that this proposal would have to go back to the HPC for approval and would most likely have to wait until 2008 to begin work.

This issue will move forward to the November 6, 2007 City Council meeting for consideration.

Motion 07-581 – Council President Miller and the City Council gave consideration to a motion accepting a Sign Permit recommendation from the Historic Preservation Commission for 113 E. Chestnut Street to replace the existing exterior sign.

This issue will move forward to the November 6, 2007 City Council meeting for consideration.

Motion 07-582 – Council President Miller and the City Council gave consideration to a motion accepting a Sign Permit recommendation from the Historic Preservation Commission for 400 N. Pine Street to replace the existing sign and repair and repaint the façade behind the sign.

This issue will move forward to the November 6, 2007 City Council meeting for consideration.

Motion 07-583 – Council President Miller and the City Council gave consideration to a motion accepting an Airport Hangar Lease between the City of Burlington and William H. Wagner, located at 916 Golf Taxiway, for a term of 29 years. This item will be brought forward to tonight’s Common Council meeting for consideration.

This issue will move forward to the November 6, 2007 City Council meeting for consideration.

Other Matters – Alderman Girolamo informed the Council that both he and Chief Eisenhauer have been meeting with some County officials on ways to cut down on the juvenile drinking. He explained that they are working to get an ordinance passed that would be good for the entire county. He further explained that they have been working on a "keg tagging" registration for the selling of beer kegs throughout the county. Alderman Girolamo stated that this tagging would be on any beer over two gallons and would force the buyer to register the alcohol in their name, which would then be kept by the stores and turned in to the communities for recordkeeping by the City Clerk. He also noted that several organizations are working for this cause, including Focus on Community and Partners 2.

Attorney Kircher suggested that Alderman Girolamo look more closely into keeping the records with a City or Municipal Clerk due to the open records issues it may pose.

Police Chief Eisenhauer clarified that the kegs would only be numbered according to each establishment that sells kegs and the City Clerk would only be responsible for maintaining those numbers not the names of the people that purchased them. He noted that even though the sales of half and quarter barrels are down in the City, this ordinance would be another great law enforcement tool for the Police Department. Alderman Girolamo noted that the numbered tags that would be placed on each keg would be purchased by the City of Racine and sold to the various communities in the county. Alderman Girolamo noted that he would get copies of the notes from these meetings to the Council to keep them informed of the progress of this issue.

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

Adjourned at 7:25 p.m.
Recording Secretary – Angela M. Hansen